The following terms constitute an agreement (the “Agreement”) between you as the (“User”/”Client”) and THE EVERYDAY ORGANISER (“The Everyday Organiser”), (“we”, “us”) (A.B.N. 26 981 495 518) and contain the terms and conditions that apply to your engagement of The Services provided by Us.
Please read the below terms carefully. By engaging us, you agree to our Terms and Conditions. The Terms and Conditions herein will be valid and binding as of the date of signing and will continue to be valid and binding until both the Client and The Everyday Organiser agree in writing, that services of The Everyday Organiser are no longer required.
These Terms will cover all on-going Agreements entered into by a Client with The Everyday Organiser for services related to (but not limited to) decluttering, organising, cleaning, personal and home concierge (“Services”).
Any modifications to this agreement must be in writing and signed by both parties. Failure by either party to enforce any right or seek to remedy any breach under this agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach. Rights and obligations under this agreement shall not be transferred, assigned or encumbered without the prior written consent of the other party. This agreement is the entire agreement of the parties and supersedes all prior understandings and documents relating to the subject matter of this agreement.
Payment of services and/or products will be in Australian Dollars (AUD), and will be made via Direct Bank Deposit or Stripe. All payments must be made by the Client to The Everyday Organiser, within seven (7) days of invoice. The Client agrees to pay The Everyday Organiser, for any additional expenses (including but not limited to) pre-approved incidental, additional shopping and out of pocket expenses. All grants of any license to use or transfer ownership of any intellectual property rights under this agreement are conditioned on full payment, including all outstanding additional costs, expenses, fees, or any charges.
Where payment is not completed within the seven (7) days of invoicing, The Everyday Organiser reserves the right to cease work immediately until payment is confirmed and processed. In the event The Everyday Organiser, are required to recover any unpaid costs through an external agency: all legal costs involved with recovery will be paid by the Client, on an indemnity basis; and where the account is referred to a collection agency, collection costs associated with the collection agency will be added to the balance outstanding and will be paid by the Client.
All digital products require payment in full prior to download.
Quotations for Services with The Everyday Organiser, are generated on the basis of the initial brief provided by the Client and expected time investment by The Everyday Organiser. It may change if additional work is required or if the scope has changed since the initial quote. Initial Quotes provided are valid for fourteen (14) business days, whereby following the expiry of such date, The Everyday Organiser reserves the right to amend prices. No quoted service delivery dates are guaranteed, and can vary. They are provided as an estimate only. Additional work not quoted which falls outside the original scope related to the project will be charged at an hourly rate dependent on the task, and as agreed to between the parties.
All one-off bookings for services with The Everyday Organiser, are only confirmed when the Client pays 50% non-refundable deposit (of total quoted fee). This deposit is used to confirm and lock in a time under The Everyday Organiser’s Client schedule. Once the deposit is received, an email will be sent to the Client to confirm and make arrangements for the commencement of the project. The final 50% will be payable upon project completion OR on the scheduled project completion date as agreed between both parties (whichever date occurs first). This is to ensure our project aligns with our projected timeline and that delays are minimised for both parties.
For agreed ongoing scheduled cleaning, they will be billed within 48 hours post services completed.
For agreed ongoing retainer clients, they will be billed monthly in advance one (1) week prior to the agreed commencement date.
COMMENCEMENT AND TERMINATION
This agreement shall begin when both parties sign and shall continue until the agreement is terminated (depending on method to which The Everyday Organiser, will be engaged for). Either party may terminate this agreement at any time, on written notice to the other party. Where the Client terminates or if the Client ceases to conduct business in its normal course, including but not limited to: liquidation, insolvency, bankruptcy or the making of an assignment for the benefit of creditors, the Client guarantees the payment to The Everyday Organiser, for the services performed through to the date of termination. This will be calculated in the amount of a prorated portion dependent on the amounts of work completed unless otherwise quoted or agreed upon. Where the Client has engaged The Everyday Organiser for a minimum agreed commitment period, this must be paid in full despite early termination.
The Client shall make all reasonable efforts to provide needed information, materials and approvals to The Everyday Organiser in a timely manner. The Client is responsible for approving the content provided by The Everyday Organiser to ensure it is accurate. The Everyday Organiser will presume that the Client has accepted the original draft proposal with no changes if no emails requesting changes were made within seven (7) days of the commencement of the draft review period. The Client will then be provided with the final invoice to settle the project. Where a client wishes to “restart” the project following the seven (7) days of no emails requesting a change – there will be a re-start project fee of 30% of the total quoted project price.
Where a Client has paid a 50% deposit, to secure a project commencement date, however wishes to change or delay the project commencement date, a minimum of fourteen (14) days notice must be provided to The Everyday Organiser. Where the Client fails to provide this appropriate notice, or work has already commenced, the Client acknowledges that a 30% (of the total quoted project price) restart fee, will be payable on the final invoice.
Parties should in writing, inform the other party using all reasonable efforts, should a delay occur or be expected to occur.
The Client understands that any delays by the Client will result in a day for day extension of the due date for all deliverables. The Everyday Organiser shall not be liable for any failure or delay in supply or delivery of Services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of The Everyday Organiser including but not limited to: war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, natural disasters, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism. Should such event occur, it will result in a day for day extension of any performance or deliverable due.
You agree that at all times that: you will comply with this Agreement (including all The Everyday Organiser Policies) and all applicable laws and regulations; you will provide accurate information, to the best of your knowledge, to The Everyday Organiser; you will not use The Everyday Organiser or any of its related services for any illegal or immoral purpose. The Client represents and warrants to The Everyday Organiser that to the best of Client’s knowledge, use of the Client content does not infringe the rights of any third party. All material that are considered confidential by either party shall be designated as confidential. Parties are to exercise all reasonable acts to ensure this is kept confidential. Such confidential information shall not be disclosed to third parties and shall only be used as needed to perform this agreement.
NO RELATIONSHIPS CONSTITUTED
The Client acknowledges that there will be no agency, partnership, joint venture, employee-employer or other similar relationship created by this Agreement. In particular, You have no authority to bind The Everyday Organiser, its related entities or affiliates in any way whatsoever.
The Everyday Organiser services are provided on an “as is” basis, and without any warranty or condition, express or implied. You acknowledge and agree that nothing in this agreement shall constitute by The Everyday Organiser an express or implied warranty or guarantee (a) as to the outcomes that may be obtained from use of the Services; (b) as to any increase in revenue, profit or goodwill that may be obtained as a consequence of the Services; (c) as to the accuracy, reliability or content of any information provided through the Services.
In no event shall The Everyday Organiser, nor any of its officers, be liable to you or anyone for any delays, errors, any loss, damage or cost, including, without limitation, any direct, indirect, special, purely economic, consequential or punitive damages or any legal costs arising out of, or in connection: the use of or engagement of The Everyday Organiser; the use of information provided by you for The Everyday Organiser and or its platforms; or you or anyone else being unable to access The Everyday Organiser for any reason.
You indemnify The Everyday Organiser against any action, liability, claim, loss, damage, proceeding or expense (including legal costs) suffered or incurred by The Everyday Organiser, arising out of, or in connection with your breach or non-observance of any term under this Service Agreement.
TERMINATION OF RELATIONSHIP
The Everyday Organiser reserves the right to deny service or terminate service because of safety concerns, financial concerns, or inappropriate or uncomfortable situations. Either party may terminate this agreement by providing fourteen (14) days of notice to either party via Email. Limitation of Liability, and Mediation and Dispute Resolution and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
DISPUTES AND MEDIATION
If the Client has a complaint about the Service they have received from The Everyday Organiser please contact us directly through firstname.lastname@example.org. Mediation will be the first cause of action, if communications between the Client and The Everyday Organiser in an attempt to resolve the dispute has exhausted. All legal/mediation/arbitration fees associated with a dispute raised by the Client will be at the expense (in full) of the Client.
CHOICE OF LAW
The Everyday Organiser reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials, which violate any applicable or relevant law.
I agree to the terms and conditions of this contract.
Effective date: October 20, 2018
The Everyday Organiser (“us”, “we”, or “our”) operates the https://www.theeverydayorganiser.com.au website (the “Service”).
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.
Service is the https://www.theeverydayorganiser.com.au website operated by The Everyday Organiser
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies are small pieces of data stored on your device (computer or mobile device).
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
Information Collection And Use
We collect several different types of information for various purposes to provide and improve our Service to you.
TYPES OF DATA COLLECTED
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
· Email address
· First name and last name
· Phone number
· Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking Cookies Data
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
· Session Cookies. We use Session Cookies to operate our Service.
· Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
· Security Cookies. We use Security Cookies for security purposes.
Use of Data
The Everyday Organiser uses the collected data for various purposes:
· To provide and maintain our Service
· To notify you about changes to our Service
· To allow you to participate in interactive features of our Service when you choose to do so
· To provide customer support
· To gather analysis or valuable information so that we can improve our Service
· To monitor the usage of our Service
· To detect, prevent and address technical issues
· To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)
The Everyday Organiser may process your Personal Data because:
· We need to perform a contract with you
· You have given us permission to do so
· The processing is in our legitimate interests and it’s not overridden by your rights
· For payment processing purposes
· To comply with the law
Retention of Data
The Everyday Organiser will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Transfer Of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside New Zealand and choose to provide information to us, please note that we transfer the data, including Personal Data, to New Zealand and process it there.
Disclosure Of Data
DISCLOSURE FOR LAW ENFORCEMENT
Under certain circumstances, The Everyday Organiser may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
The Everyday Organiser may disclose your Personal Data in the good faith belief that such action is necessary to:
· To comply with a legal obligation
· To protect and defend the rights or property of The Everyday Organiser
· To prevent or investigate possible wrongdoing in connection with the Service
· To protect the personal safety of users of the Service or the public
· To protect against legal liability
Security Of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. The Everyday Organiser aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where The Everyday Organiser relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
The payment processors we work with are:
Links To Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
By email: email@example.com