Service.com.au Trades Terms and Conditions

Introduction

Service.com.au provides an online marketplace and directory for Trades of all types, and Customers who are in need of the services of a Trade.

By using the Service offered through this Website, you expressly agree to be bound by these Terms and Conditions. We provide the Site as a venue only for Users to access listings of businesses, obtain quotes, provide reviews on businesses and engage with other Users.

Definitions

1. ACCURACY OF INFORMATION

   Although Service.com.au makes every attempt to ensure the accuracy of information on the Site, we cannot guarantee that all information on the Site is correct or accurate. Service.com.au shall not be held liable for any incorrect or inaccurate information on the Site or obtained through the Services.

1. TERM

   1. The Term commences on the commencement date of the Term, and continues by way of an ongoing, automatically renewing subscription until the Trade notifies Service.com.au that it no longer wishes to continue with its subscription, in accordance with these Terms and Conditions.
   2. For the avoidance of doubt, upon acceptance of a Trade Account by Service.com.au, the Trade’s subscription for the Service shall continue on a rollover basis until terminated in accordance with these Terms and Conditions.

1. GENERAL OBLIGATIONS

   1. You agree and acknowledge that:
      1. any interactions through the Site, including between Customers and Trades, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between Customers and Trades and independent of Service.com.au;
      2. if there is a dispute between a Customer and a Trade, you agree that Service.com.au, as an independent third party, is under no obligation to resolve or become involved in such dispute.
   2. In using the Site, you agree that you:
      1. will provide us with, and maintain, accurate contact details;
      2. will provide us with a current and valid ABN;
      3. will provide us with details of all licences or qualifications you hold that are required for you to accept and perform Jobs, and to maintain all such licences or qualifications;
      4. will provide any goods or services the subject of a Service Agreement on the date agreed with the Customer;
      5. will provide a positive experience for each Customer that submits a Job;
      6. will provide to Service.com.au, in a timely manner, such information as may be required to allow Service.com.au to provide a Lead, and ensure that it is accurate in all material respects
      7. will obtain and maintain all necessary insurances, licences, consents and approvals to enable you to enter into a Service Agreement and for you to lawfully and competently enter into a Service Agreement;
      8. are solely responsible, under your own arrangements with Customers, to ensure that you comply at all times with your obligations to Customers; and
      9. must exercise due care and diligence when entering a Service Agreement.
   3. You agree and acknowledge that Service.com.au has no responsibility to ensure that you comply with your obligations to a Customer (including the provision of due care and diligence in performing a Service Agreement) or to assist you to do so.
   4. You release and discharge Service.com.au from and against any Liability Service.com.au may suffer or incur as a result of negligence, your acts or omissions, or the acts or omissions of a Customer.
   5. You must not, in connection with a Job or the performance of a Service Agreement, or in using the Site:
      1. make any statement, representation or allegation to any person, or advertise, post or publish any content that is false, misleading, or misrepresenting, or that is likely to mislead or misrepresent, or which could expose Service.com.au or any third party to any Claim or Liability;
      2. engage in any unlawful, offensive or unacceptable conduct or to behave in an unprofessional or negligent manner;
      3. represent that you are employed by, or are a servant, agent or in any manner legally connected with Service.com.au

1. SITE

   1. Intellectual Property Rights

      1. All Intellectual Property owned by Service.com.au is and remains the exclusive property of Service.com.au.
      2. You acknowledge and agree that you do not have any right or interest to Intellectual Property owned by Service.com.au.

   2. Review of Content

      1. Service.com.au may from time to time monitor or review content of the Site, and reserves the right to edit, refuse to post or to remove any information or materials (in whole or in part) that in its sole discretion is objectionable or in violation of any applicable law or these Terms and Conditions.
      2. However, Service.com.au has no obligation to monitor any content or to edit, delete or refuse to post such content, and is not responsible for any content provided by Customers or Trades.
      3. You expressly acknowledge and agree that any communication you make using the Site is a public and not private communication.

   3. Grant of Licence

      1. Service.com.au grants you a non-exclusive, personal, non-transferable right, without the right to sub-licence, to use the Site via internet access in the course of your business, in Australia during the Term, subject to these Terms and Conditions.

   4. Term of the Licence

      1. The Licence will terminate at the end of the Term or upon termination of this agreement for any reason.
      2. The Site is proprietary to Service.com.au and you acquire no rights or interests in or to the Site or its content other than those expressly granted by these Terms and Conditions.

   5. Trade Responsibilities

      1. You must not act or omit from acting in any manner that causes a violation of Service.com.au’s proprietary rights in the Site and will promptly report to Service.com.au (whether caused by the Trade or not) any such violation that comes to your attention.
      2. In particular, you will implement suitable disciplinary procedures for employees who make (or attempt to make) unauthorised use or copies of the Site or part thereof or who use or distribute the Trade Account details other than as expressly permitted by these Terms and Conditions.

   6. No Reverse Engineering, Etc

      You must not, and must ensure that no other person:
      1. disassembles, decompiles, reverse translates, in any other manner decodes or copies, adapts or reverse engineers the whole or any part of the Site and if any of these acts are carried out, all rights in any resultant source code will belong exclusively to Service.com.au;
      2. makes or authorises the making of, any other copies of the Site and if any such copies are made, they will belong exclusively to Service.com.au; other than a Trade employee in the course of his or her employment by the Trade in its business, obtains access to its Trade Account including through any network of computers.

   7. Links

      1. Links to other websites may be provided by agreement between Service.com.au and third parties as a courtesy to a Customer or Trade. Service.com.au has no control over any content on such third party websites.
      2. Service.com.au makes no express or implied warranties concerning the content of other websites, including the accuracy, completeness, reliability or suitability of any website for any particular purpose.
      3. Service.com.au does not warrant that any other website or content is free from any claims of infringement of Intellectual Property rights or other infringement of the rights of third parties or that such website or content is free of viruses or other contamination.
      4. By providing links to other sites or allowing other persons to display their logos or otherwise advertise their products or services on the Site, Service.com.au does not endorse those sites, products, services or entities and assumes no responsibility for their access or use.
      5. You waive all Claims against and agree to discharge and release Service.com.au from all Claims or Liability arising from any use by you of websites connected to the Site by hyperlink or otherwise.

1. NO LIABILITY

   1. Service.com.au shall not be liable for any loss or damage suffered or any Claim made against a Trade or a Customer, however caused (including by the negligence of Service.com.au), in connection with the Services or the Site.
   2. Where Service.com.au may not legally exclude liability, then the liability of Service.com.au for any loss or damage suffered or any Claim made is limited, at the election of Service.com.au, to the fees paid by you to Service.com.au under these Terms and Conditions in the two (2) months prior to you first suffering loss or damage or being made subject to a Claim in connection with this agreement.

1. STAR RATING AND REVIEWS

   1. 1. You agree that Service.com.au may permit Customers to post:
         1. reviews (based on review criteria selected by Service.com.au in its sole discretion from time to time);
         2. ratings by Customers (based on ratings criteria selected by Service.com.au in its sole discretion from time to time); and
         3. comments by Customers about the Trade on the Site, and Service.com.au may in its sole discretion, permit you to post comments in response to Customer reviews, ratings and comments, which Service.com.au may remove at any time.
      2. You agree that Service.com.au may publish on the Site relative rankings of Trades from time to time, based on a star rating and review evaluations from Customers, based on Service.com.au’s review and assessment of Customer comments, reviews and ratings.

   2. Release and Indemnity

      You:
      1. indemnify and hold harmless Service.com.au and its directors, officers, employees and agents; and
      2. waive, release and discharge Service.com.au,
      from and against any Claims or Liability you may suffer or incur as a result of any publication on the Site of reviews, ratings, comments or rankings published on the Site.

1. FEES AND PAYMENT

   1. Fees for Services

      In consideration of provision of the Services by Service.com.au, you will pay to Service.com.au the following amounts:
      1. the Service.com.au Fee and any other payments, determined in accordance with the type of Trade Account in force from time to time; and
      2. Fees for any other Services provided by Service.com.au to you, as agreed by Service.com.au and you, through the Site or otherwise.

   2. Payment of Fees

      1. You must pay the Fees within the payment terms contained on the invoice issued by Service.com.au to the Trade. Fees are payable in advance.
      2. If you have an invoice that is more than seven (7) days overdue, then the Trade Account will be automatically restricted until such time as payment is made.
      3. Service.com.au only accepts payment by direct debit via credit card, debit card or bank transfer.
      4. Fees are charged on an ongoing, automatic basis in accordance with the automatic renewal of a subscription for a Trade Account.
      5. By designating a specific card for payment, you acknowledge and agree that:
         1. the Trade or the individual specifying a card for payment is authorised to make such a purchase; and
         2. you authorise the transaction with Service.com.au.

   3. Increases in Fees

      1. Service.com.au may review and increase or restructure its Fees from time to time.
      2. In the event that Service.com.au makes a determination to increase or restructure its Fees, Service.com.au shall provide you with not less than thirty (30) days written notice via the Site.

   4. Invoices

      1. You agree to receive all invoices from Service.com.au via email to the email address specified by you via the Site.
      2. It is your responsibility to ensure that the email address is correct and is updated with Service.com.au when required.

   5. Payment Facility

      1. We may offer to make payment facilities available to you, to facilitate payments for transactions between you and a Customer.
      2. Such payment facilities are internet-based payment services by way of a third party service provider.
      3. Should you wish to accept such payment facilities, then you must agree to the terms and conditions of the payment facility provider, and in so far as is relevant, such terms and conditions are expressly incorporated into these terms and conditions and will prevail to the extent of any inconsistency regarding your use of the payment facility.
      4. The terms and conditions of the payment facility provider can be found at https://stripe.com/en-au/legal/connect-account.

   6. No Refunds

      1. Service.com.au stands by the Services it provides and is confident that you will obtain value for money from the Services.
      2. You can use your Trade Account to view traffic reports at anytime throughout your subscription.
      3. Subject to clauses 7.6.4 and 7.6.5 below, Service.com.au does not provide any refund in respect of the Services.
      4. Service.com.au will provide a refund for Fees where, after a subscription has terminated, your traffic reports indicated that you received zero (0) click-throughs to your telephone, email or website. If traffic reports indicate that you received traffic or activity on the Trade Account, you are ineligible for a refund.
      5. If Service.com.au agrees that you are eligible for a refund, then a refund request form must be provided to Service.com.au, upon which Service.com.au shall apply a refund to the credit card, debit card or bank account through which you previously made payment.

   7. Failure to Pay

      1. Without prejudice to any other right or remedy that it may have, if you fail to pay Service.com.au any amount on the due date, Service.com.au may:
         1. reclaim any costs incurred to us
         2. charge interest at the rate of 15%, accruing on a daily basis and being compounded monthly from the due date until payment is made, and you will pay the interest immediately on demand; and
         3. restrict access to the Trade Account and the Site until payment has been made in full.
      2. If an invoice remains unpaid, Service.com.au has the discretion to pass the invoice to a debt collection agency and/or a legal practice, in which case you hereby agree to make payment of all costs and disbursements (not limited to legal fees) incurred by Service.com.au on an indemnity basis.

1. TERMINATION

   1. Service.com.au

      1. Without prejudice to any other rights or remedies that Service.com.au may have, Service.com.au may at its sole discretion suspend a Trade Account or terminate this agreement without liability immediately if:
         1. you fail to pay any amount due on the due date for payment;
         2. you commit a material breach of any of these Terms and Conditions, and if such a breach is remediable, fails to remedy that breach within seven (7) days of being notified in writing of the breach;
         3. you are or become insolvent, within the ordinary legal meaning of that term;
         4. Service.com.au decides to terminate this agreement.

   2. Trade

      A Trade Account may be terminated by you by providing 30 days written notice to Service.com.au through the Site.

   3. Effect of Termination

      On termination of the agreement for any reason:
      1. you will immediately pay to Service.com.au all of Service.com.au’s outstanding unpaid invoices and interest; and
      2. the accrued rights and liabilities of the parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination, will not be affected.

1. REFEREES

   1. Where you wish to provide references or referees on the Site, then it is your responsibility to ensure that the reference or referee is a genuine Customer. Service.com.au may, but is not obliged to, carry out checks to ensure the authenticity of a reference or referee.
   2. Service.com.au reserves the right to determine whether a reference will be posted on the Site.
   3. Any contact details regarding a reference or referee shall not be displayed on the Site or used for marketing purposes.
   4. You must ensure that you have a referee’s consent to provide the referee’s contact details to Service.com.au.

1. LIMITATIONS

   1. You acknowledge and agree that Service.com.au may establish limits concerning your use of the Site, including, but not limited to, the maximum number of days that content will be retained on the Site, the maximum number and size of postings, email messages or other content made by you that is transmitted or stored on the Site, and the frequency with which you are able to access the Site.
   2. You acknowledge and agree that Service.com.au bears no responsibility, nor liability, in respect of the deletion or failure to store content maintained or transmitted by the Site.
   3. Service.com.au reserves the right to modify or discontinue the Site (or any part thereof) at any time, without being required to provide notice of the same.
   4. Service.com.au shall bear no liability whatsoever arising from any modification, suspension or discontinuation of the Services.

1. GENERAL

   1. Variation

      1. Service.com.au may vary these Terms and Conditions from time to time, in which case, such varied Terms and Conditions shall be posted on the Site. The continued use of the Site by a Trade or a User constitutes acceptance of any such varied Terms and Conditions.

   2. Waiver

      1. No failure, delay, relaxation or indulgence on the part of a party in exercising any right, power, privilege or remedy in connection with this document, operates as a waiver of that right, power, privilege or remedy nor does any single or partial exercise of any right, power, privilege or remedy preclude any other or further exercise of that or any other right, power, privilege or remedy. A waiver is not valid or binding on the party granting that waiver unless in writing and duly signed on behalf of that party.

   3. Set-Off

      Service.com.au may, without prejudice to any other rights that it may have, set off any Liability of the Trade against any Liability of Service.com.au to the Trade.

   4. Severance

      1. If any provision of these Terms and Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed not to form part of these Terms and Conditions, and the validity and enforceability of the other provisions of these Terms and Conditions will not be affected.
      2. If a provision of these Terms and Conditions (or part of any provision) is found illegal, invalid or unenforceable, the provision will apply with the minimum modification necessary to make it legal, valid and enforceable.

   5. Entire Agreement

      1. These Terms and Conditions constitute the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
      2. Each party acknowledges that aside from the statements, representations, assurances or warranties set out in this document, in entering into these Terms and Conditions, it has not relied on, and will have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently).

   6. Assignment

      1. A Trade will not, without the prior written consent of Service.com.au, assign, transfer, charge, mortgage, subcontract, declare a trust of or deal in any other manner with all or any of its rights or obligations under these Terms and Conditions.
      2. Service.com.au may at any time assign, transfer, charge, mortgage, subcontract, declare a trust of or deal in any other manner with all or any of its rights under these Terms andConditions and may subcontract or delegate in any manner any or all of its obligations under these Terms and Conditions to any third party or agent.

   7. Authority

      Each party that has rights under the Agreement is acting on its own behalf and not for the benefit of another person.

   8. No Partnership or Agency

      Nothing in these Terms and Conditions is intended to, or will be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party will have authority to act as agent for, or to bind, the other party in any way.

   9. Governing Law and Jurisdiction

      These Terms and Conditions are governed by and are to be interpreted according to the laws in force in Queensland. The parties submit to the non-exclusive jurisdiction of the courts operating in Queensland.

Service.com.au Customer Terms and Conditions

Introduction

Service.com.au provides an online marketplace and directory for Trades of all types, and Customers who are in need of the services of a Trade.

By using the Services offered through this Website, you expressly agree to be bound by these Terms and Conditions. We provide the Site as a venue only for Users to access listings of businesses, obtain quotes, provide reviews on businesses and engage with other Users.

Definitions

1. ACCURACY OF INFORMATION

   1. Although Service.com.au makes every attempt to ensure the accuracy of information on the Site, we cannot guarantee that all information on the Site is correct or accurate. Service.com.au shall not be held liable for any incorrect or inaccurate information on the Site or obtained through the Services.
   2. In using the Services through the Site, you acknowledge that Service.com.au does not act as an agent for any other party, and takes no responsibility for work undertaken by a Trade. It is the responsibility of a Customer to select a suitable Trade and to negotiate the terms for any Service Agreement.
   3. Service.com.au does not guarantee that a Trade listed on the Site is licensed or insured. Customers must make their own enquiries in that regard.

1. GENERAL OBLIGATIONS

   1. Users of the Site agree and acknowledge that any interactions through the Site, including between Customers and Trades, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between Users and independent of Service.com.au.
   2. If there is a dispute between Users of the Site, then Users agree that Service.com.au, as an independent third party, is under no obligation to resolve or become involved in such dispute.
   3. Users agree and acknowledge that Service.com.au has no responsibility to ensure that a User complies with its obligations to another User (including the provision of due care and diligence in performing a Service Agreement) or to assist the User to do so.
   4. A User releases and discharges Service.com.au from and against any Liability Service.com.au may suffer or incur as a result of negligence, or the acts or omissions of User.

1. SITE

   1. Intellectual Property Rights

      1. All Intellectual Property owned by Service.com.au is and remains the exclusive property of Service.com.au.
      2. A User acknowledges and agrees that it does not have any right or interest to Intellectual Property owned by Service.com.au.

   2. Review of Content

      1. Service.com.au may from time to time monitor or review content of the Site, and reserves the right to edit, refuse to post or to remove any information or materials (in whole or in part) that in its sole discretion is objectionable or in violation of any applicable law or these Terms and Conditions.
      2. However, Service.com.au has no obligation to monitor any content or to edit, delete or refuse to post such content, and is not responsible for any content provided by Users.
      3. A User expressly acknowledges and agrees that any communication it makes using the Site is a public and not private communication.

   3. Grant of Licence

      1. Service.com.au grants the User a non-exclusive, personal, non-transferable right, without the right to sub-licence, to use the Site via internet access in the course of its business, in Australia subject to these Terms and Conditions.
      2. The Site is proprietary to Service.com.au and a User acquires no rights or interests in or to the Site or its content other than those expressly granted by these Terms and Conditions.
      3. A User expressly acknowledges and agrees that any communication it makes using the Site is a public and not private communication.

   4. No Reverse Engineering, Etc

      A User must not, and must ensure that no other person:
      1. disassembles, decompiles, reverse translates, in any other manner decodes or copies, adapts or reverse engineers the whole or any part of the Site and if any of these acts are carried out, all rights in any resultant source code will belong exclusively to Service.com.au;
      2. makes or authorises the making of, any other copies of the Site and if any such copies are made, they will belong exclusively to Service.com.au.

   5. Links

      1. Links to other websites may be provided by agreement between Service.com.au and third parties as a courtesy to the User. Service.com.au has no control over any content on such third party websites.
      2. Service.com.au makes no express or implied warranties concerning the content of other websites, including the accuracy, completeness, reliability or suitability of any website for any particular purpose.
      3. Service.com.au does not warrant that any other website or content is free from any claims of infringement of Intellectual Property rights or other infringement of the rights of third parties or that such website or content is free of viruses or other contamination.
      4. By providing links to other sites or allowing other persons to display their logos or otherwise advertise their products or services on the Site, Service.com.au does not endorse those sites, products, services or entities and assumes no responsibility for their access or use.
      5. A User waives all Claims against and agrees to discharge and release Service.com.au from all Claims or Liability arising from any use by a User of websites connected to the Site by hyperlink or otherwise.

1. NO LIABILITY

   1. Service.com.au shall not be liable for any loss or damage suffered or any Claim made against a User, however caused (including by the negligence of Service.com.au), in connection with the Services or the Site.
   2. Where Service.com.au may not legally exclude liability, then the liability of Service.com.au for any loss or damage suffered or any Claim made is limited, at the election of Service.com.au to the fees paid for a transaction between a Customer and a Trade directly attributable to use of the Site.

1. GENERAL

   1. Variation

      1. Service.com.au may vary these Terms and Conditions from time to time, in which case, such varied Terms and Conditions shall be posted on the Site. The continued use of the Site by a Trade or a User constitutes acceptance of any such varied Terms and Conditions.

   2. Waiver

      1. No failure, delay, relaxation or indulgence on the part of a party in exercising any right, power, privilege or remedy in connection with this document, operates as a waiver of that right, power, privilege or remedy nor does any single or partial exercise of any right, power, privilege or remedy preclude any other or further exercise of that or any other right, power, privilege or remedy. A waiver is not valid or binding on the party granting that waiver unless in writing and duly signed on behalf of that party.

   3. Set-Off

      Service.com.au may, without prejudice to any other rights that it may have, set off any Liability of the Trade against any Liability of Service.com.au to the Trade.

   4. Severance

      1. If any provision of these Terms and Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed not to form part of these Terms and Conditions, and the validity and enforceability of the other provisions of these Terms and Conditions will not be affected.
      2. If a provision of these Terms and Conditions (or part of any provision) is found illegal, invalid or unenforceable, the provision will apply with the minimum modification necessary to make it legal, valid and enforceable.

   5. Entire Agreement

      1. These Terms and Conditions constitute the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
      2. Each party acknowledges that aside from the statements, representations, assurances or warranties set out in this document, in entering into these Terms and Conditions, it has not relied on, and will have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently).

   6. Assignment

      1. A Trade will not, without the prior written consent of Service.com.au, assign, transfer, charge, mortgage, subcontract, declare a trust of or deal in any other manner with all or any of its rights or obligations under these Terms and Conditions.
      2. Service.com.au may at any time assign, transfer, charge, mortgage, subcontract, declare a trust of or deal in any other manner with all or any of its rights under these Terms and Conditions and may subcontract or delegate in any manner any or all of its obligations under these Terms and Conditions to any third party or agent.

   7. Authority

      Each party that has rights under the Agreement is acting on its own behalf and not for the benefit of another person.

   8. No Partnership or Agency

      Nothing in these Terms and Conditions is intended to, or will be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party will have authority to act as agent for, or to bind, the other party in any way.

   9. Governing Law and Jurisdiction

      These Terms and Conditions are governed by and are to be interpreted according to the laws in force in Queensland. The parties submit to the non-exclusive jurisdiction of the courts operating in Queensland.