Terms of service.

1. Acceptance

Parties: These Terms are between The Trustee for Webster Bailey Family Trust trading as Modern Hedge (ABN 11 406 286 467), its successors and assignees (referred to as “we”, “our” or “us”) and you, the person, organisation or entity described in the Quote (referred to as “you”). These Terms apply to all Services provided by us to you.

Acceptance: You accept these Terms by:

  • signing and returning the Quote;

  • confirming by email or verbally;

  • accepting the Quote online;

  • instructing us to proceed with the Services; or

  • making part or full payment.

By accepting the Quote, you agree that these Terms form the agreement under which we supply Services to you.

Deposit: If the Quote requires a Deposit, Services will not commence until the Deposit or first instalment has been paid.

Cancellation: You must provide at least 5 Business Days’ written notice for cancellation. If you do not:

  • Your deposit may be forfeited; or

  • If no deposit/fees have been paid, you must pay the greater of $500 or 50% of the quoted amount, within 7 days of invoice.

2. Services

  • We agree to perform the Services with due care and skill.

  • We may refuse requests that are inappropriate, unreasonable or unlawful.

  • We may use employees, contractors and third parties to perform the Services.

  • You are responsible for third parties you engage directly.

3. Price, Invoicing and Payment

  • All amounts are in AUD, exclusive of GST (unless stated).

  • Payment methods are outlined in the Quote.

  • Invoices must be paid by the due date. If not, we may suspend Services until paid.

  • Interest may be charged at 5% per month on overdue amounts, calculated daily.

  • We may engage debt collection or legal services for unpaid debts, and may report bad debts to credit agencies.

4. Variations

  • If fees in the Quote are estimates, final costs may vary.

  • Variations must be agreed in writing (including by email).

  • If additional fees apply, we will provide a written quote. You may accept or decline.

  • If declined, we may terminate or request payment for Services provided to date.

  • Variations do not invalidate these Terms.

5. Your Obligations and Warranties

You warrant that:

  • You have legal capacity to enter this agreement.

  • You will cooperate and provide necessary information on time.

  • All information provided is accurate and complete.

  • You will obtain required consents, licences, and neighbour approvals (if applicable).

  • If Services occur on your property:

    • You are authorised to occupy the property.

    • The property and facilities provided are safe.

    • Pets are restrained during Services.

    • Access to the worksite is clear and unobstructed.

  • You accept that we may charge stand down fees of $150/hr or $800/day where work is delayed for reasons outside our control but within yours.

  • You will not employ, solicit or entice our staff or contractors.

6. Work Health & Safety

  • While works are in progress, your property is considered a worksite.

  • Work areas must be free of hazards. We may remove hazards as necessary.

  • Our staff may refuse to work if they believe the environment is unsafe.

7. Confidential Information

Both parties agree not to disclose or misuse Confidential Information, except where required by law or agreed in writing. These obligations survive termination.

8. Feedback and Dispute Resolution

  • We encourage feedback and aim to resolve concerns quickly.

  • If a dispute arises:

    1. The complainant must notify in writing, stating desired outcome.

    2. Parties will meet in good faith to resolve.

    3. If unresolved, mediation may be sought (Law Institute of Victoria may appoint mediator).

9. Term and Termination

  • Either party may terminate with 5 Business Days’ written notice.

  • Either party may terminate for material breach, subject to dispute resolution.

  • We may terminate immediately if:

    • You fail to pay invoices.

    • You provide false or incomplete information.

    • Conditions are unsafe, inappropriate, or unlawful.

    • The working relationship has broken down.

Deposits/payments are non-refundable on termination. You must pay for Services delivered to date.

10. Consumer Law, Limitation of Liability and Disclaimers

  • Nothing in these Terms excludes your statutory rights under the Australian Consumer Law (ACL).

  • To the extent permitted by law, we limit our liability to resupplying the Services or refunding the amount paid.

  • We exclude liability for indirect, incidental or consequential loss.

  • Disclaimers: We are not responsible for damage caused by:

    • Animals, pests, tree roots, or neighbour disputes.

    • Exposure to elements (wind, salt, flooding, weather).

    • Existing poor property or plant condition.

    • Naturally occurring damage (rot, ageing, discolouration).

    • Underground services (unless damage is caused by our negligence).

    • Failure to follow our instructions.

11. Indemnity

You indemnify us against claims or expenses resulting from:

  • Inaccurate or misleading information you provide.

  • Breach of these Terms.

  • Misuse of Services.

  • Breach of law or third-party rights.

  • Unsafe property conditions or equipment.

This clause survives termination.

12. General

  • Privacy: We comply with the Privacy Act 1988 (Cth) and Australian Privacy Principles.

  • Publicity: You consent to us using before/after photos of your property for marketing purposes. We may also use your first name and suburb in testimonials (e.g. “Sarah, Brighton”), but we will never disclose your full address.

  • GST: GST is payable where applicable.

  • Relationship: These Terms do not create partnership, joint venture or employment relationships.

  • Force Majeure: We are not liable for delays caused by events beyond our control.

  • Notices: Must be given in writing, by email or post.

  • Jurisdiction: Governed by the laws of Victoria, Australia.

  • Entire Agreement: These Terms form the entire agreement, superseding prior arrangements.

13. Definitions

  1. Business Day means a day which is not a Saturday, Sunday or bank or public holiday in Victoria, Australia.

  2. Claim/Claims includes a claim, notice, demand, right, entitlement, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award, damage, loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute, whether indirect, incidental, special, consequential and/or incidental, and whether involving a third party or a Party to the Terms or otherwise.

  3. Confidential Information includes confidential information about you, your credit card or payment details, and the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, technology, and other information of either Party whether or not such information is reduced to a tangible form or marked in writing as "confidential".

  4. Deposit (if any) set out in the Quote.

  5. Expenses (if any) are set out in the Quote.

  6. Fees are set out in the Quote.

  7. GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.

  8. Intellectual Property includes any and all present and future rights to intellectual and industrial property throughout the world, and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), patents, improvements, registered and unregistered trademarks, designs, any corresponding property rights under the laws of any jurisdiction, discoveries, circuit layouts, trade names, trade secrets, secret processes, know-how, concepts, ideas, information, processes, data or formulae, business names, company names or internet domain names, and any Confidential Information.

  9. Moral Rights means the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity of authorship, as defined in the Copyright Act 1968 (Cth).

  10. Party and Parties means a party or parties to these Terms.

  11. Quote means the Quote to which these Terms are attached.

  12. Services are set out in the Quote.

  13. Special Conditions means the special conditions, if any, detailed in these Terms and/or in the Quote.

  14. Terms means these terms and conditions.

  15. Variation means amended or additional services, including but not limited to changes to the Quote or Fees or varying the Services by:

    • a) carrying out additional Services;

    • b) omitting any part of the Services; or

    • c) changing the scope of the Services.