1. The meaning of some words used in these terms and conditions
    • We, Us or Our is a reference to The Trustee for Misajezl Trust TA Spiderman SE Eco Pest Management (ABN 16 294 708 407).
    • You or Your is a reference to the person or entity to whom we are providing our Services and who is required to pay for the Services we provide.
    • Commercial Customers means those customers that record an Australian Business Number.
    • Domestic Customers means those customers that do not record an Australian Business Number.
    • Parties is a reference to both us and you.
    • Premises means the place where we will provide the Services.
    • Products means any insecticides, chemicals, materials, goods, parts or items we need to buy necessarily in order to perform the Services.
    • Services means the pest management services we will provide.
    • Termination Fee means $66.00.
  2. Entering into a legally binding contract
    1. A contract between you and us will come into being in one of two ways:
      1. When you sign a Pest Management Recommendation and Agreement, we and you will enter into a legally binding contract on the date you sign.
      2. Where you and we agree orally that we should provide the Services, then there will be a legally binding contract on the date of our oral agreement.
    2. Before you sign the Pest Management Recommendation and Agreement or orally agree to us providing Services, we suggest you read through these terms and conditions. If you have any questions concerning them, please ask us.
    3. You should keep a copy of these terms and conditions for your records.
  3. Treatment Effectiveness
    1. Before we Service your premises, you must:
      1. Clean and tidy all affected areas. Pest control applications should be applied to clean areas and be allowed to remain for some time afterwards.
      2. Clear clutter from affected areas.
      3. Pack away and seal foodstuffs. Preferably in the fridge or locked away from areas to be treated
      4. Pack away home items. Items that come into direct contact with skin, such as soap, toothbrushes, etc., should be securely stored away
      5. Clear away utensils and appliances. Cups, glasses and cutlery used to drink and eat should be stored away. This includes pets’ food and water bowls.
    2. The ongoing effectiveness of the pest control provided depends on you implementing our recommended hygiene, housekeeping, and property maintenance procedures. You acknowledge that pest treatment may also be rendered ineffective by disturbing treated areas, high-pressure cleaning, building alterations, renovations and introducing untreated or infested materials to the property that encourage pest activity.
    3. We only deal with the management and/or treatment of known Pests specified in the Pest Management Recommendation and Agreement and not otherwise excluded from it. We CANNOT guarantee the outcome of management or treatment procedures. This is primarily because Pests are biological entities that may have cryptic behaviours, survive treatment, or re-infest from other sources.
  4. Providing the Services
    1. Once we and you have entered into a legally binding contract, we will normally start providing the Services to you straight away or on a date agreed between us without further discussion with you. Occasionally, the Services will be provided at some other date or time or be dependent on a number of factors.
    2. Our aim is to always provide you with the Services:
      1. Using reasonable care and skill;
      2. in compliance with commonly accepted practices and standards in the pest control industry; and
      3. in compliance with South Australia's laws and regulations in force at the time we are carrying out the Services.
    3. You permit us to apply approved pesticides and or deploy equipment as we deem necessary to deliver an effective treatment, subject to our compliance with all legal requirements.
    4. You agree to provide us with free access to all parts of the Premises for the purpose of inspection, treatment or surveillance and agree to ensure that all safety and treatment instructions are followed during and post-treatment.
    5. You must ensure that we have full and safe access (free of any health and safety hazards and risks) to the relevant areas of the premises and all facilities, such as water and electricity, that we may reasonably require to provide the Service. Before the commencement of the Service, you must advise us of any health and safety risks, including asbestos. You must also provide us with all necessary information, instructions, documentation and cooperation required by us. We will comply with your reasonable security and safety instructions while present at your premises.
  5. Days and times when we normally provide the Services and performance of Services away from the Premises
    1. Unless we agree otherwise, we will provide the Services on normal working days and start work no earlier than 8:00am and finish work no later than 4:00pm. A normal working day for us means Mondays to Fridays, excluding any bank or other national holidays.
  6. Health and Safety
    1. If you or other occupants of the property or adjacent building believe they are sensitive to chemicals, including Pesticides or their odours, you must advise us in writing in advance of treatments, including whether you or other occupants have consulted with a medical doctor or other healthcare provider regarding such sensitivity.  Upon receipt of such notification, we reserve the right to deny or terminate service. Failure to provide notification represents your assumption of risk and waiver of any claims against us in connection with such sensitivity.
    2. You must follow our instructions when we request that you protect or remove any people, animals, birds, fish, household goods, or possessions during the treatment period.
    3. You must at all times strictly follow any written or oral advice, recommendation or information given by us.
  7. Timing
    1. Our responsibility to perform the Services by particular dates 
      We aim to carry out the Services by the dates and times we either agree with you or notify you. But we cannot guarantee or provide a firm commitment that:
      1. we will start performing the Services by a specified date or time or
      2. we will complete the performance of all the Services by any specified date or time; or
      3. the performance of any individual part of the Services will be completed by a specified date or time.
    2. What can happen if we cannot start performing the Services or complete performing the Services?
      If we do not start or complete performing the Services within a reasonable period from the date or dates we have agreed or notified, then you may choose either to continue to wait until we can start performing the Services or complete performing them, or you can terminate the contract.
    3. Where we have started performing the Services, and you decide you wish to terminate the contract, you will only have to pay for any Services we have performed up to the date of termination and for any Products which we have a legal obligation to pay for, as well as the Termination Fee. If you have made payments to us in excess of these amounts, we will return the difference to you within 14 days of the termination.
    4. What is a reasonable period of time depends on the type of Services we will be performing and the length of time they will take to perform. For example, if you and we believe that the Services will take only a few hours to perform, then if we fail to start performing the Services within 7 days, then you may have the right to terminate the contract. But if the Services are due to take several weeks to perform, then if we fail to start to perform the Services after 14 days when are due to or we do not perform the Services during a couple of weeks when we were due to, then in such circumstances, you may be entitled to terminate the contract. 
    5. Situations or events outside our reasonable control
      In addition, there are certain situations or events that occur that are not within our reasonable control (some examples are given in the next numbered paragraph). Where one of these occurs, we will normally attempt to recommence performing the Services as soon as the situation which has stopped us from performing the Services has been resolved. In such circumstances, there may be a delay (sometimes a substantial delay) before we can start or continue performing the Services.
    6. The following are examples of events or situations which are not within in our reasonable control:
      1. if the Products are not delivered on the date or at the time agreed with the supplier of the Products (and it is not possible to obtain a replacement from an alternative supplier at all or within a reasonable amount of time, or the price charged by the alternative supplier is excessively higher than by the original supplier if ordered at short notice);
      2. where you make a change in the Services you wish us to perform (and this results in, for example, us having to do further work or wait for new or different Products);
      3. where we are unable to gain access to the Premises to carry out the Services at the times and dates we have agreed with you;
      4. where the areas in the Premises have not been readied by you as we and you have agreed in order for us to perform the Services; or
      5. for some other unforeseen or unavoidable event or situation which is beyond our control, such as weather conditions.
  8. Price, estimates and payment
    Our charges are based on time spent, products used 
    1. We normally charge for our Services based on the size of the area that requires our Services. 
    2. Travel charges
      To subsidise some of the labour and vehicle costs incurred on journeys over 30km from Mount Gambier, we charge a per-kilometre rate of $1.05 for the return trip (ie. We will travel up to the first 30km free of charge).
    3. If multiple jobs are scheduled in an area, we will share travel costs between jobs at a per-kilometre rate of $0.35 for the return trip.
    4. Our charges are based on an estimate
      We provide estimates and not quotations or binding indications of how much we will charge. Estimates are normally valid for a period of 30 days from the date they are given.
    5. As we provide an estimate, we may need to charge you a higher amount than stated in the estimate. This can occur for a number of reasons, in particular where:
      1. the size of the area of the Premises that you require us to perform the Services on is larger than we anticipate based on the information you provide us;
      2. what you require us to do changes, or the amount of work or Services you require us to provide increases or is different to what we and you agreed before we started performing the Services and as stated in the estimate; or
      3. when we start performing the Services, it becomes apparent that the amount of Services we will need to perform or the type of work that is involved is different to what we agreed before we started performing the Services and we could not reasonably foresee this before we started performing the Services.
    6. Where the amount of work involved is greater than that stated in an estimate, then the following will happen:
      1. if the amount of extra time we need to spend to finish performing the Services will mean that the extra amount payable by you will not exceed 20% of the amount stated in the estimate, then we will carry on providing and completing the Services without contacting you and obtaining your agreement;
      2. otherwise, we will not continue performing the Services and we will seek your approval to the extra amount that you will need to pay unless:
        1. it is not possible to contact you within a reasonable time; or
        2. it is not safe not to carry out and finish performing the Services (for example, your goods or Premises may be left in a dangerous condition or unprotected from theft if the Services are not completed).
    7. When payment is required
      Payment for our Services is required to be made within seven (7) days of the technician performing the Services via either of the following methods:

      1. Direct Deposit
        BSB: 065-504
        AC #: 1036 2625
        AC Name: Spiderman SE
      2. Credit or Debit Card
        Please use the secure link sent to you via email or SMS along with your Invoice. We take your privacy seriously and can't securely take credit card payments over the phone, as our calls are recorded for training and monitoring purposes.
      3. Cash
        Visit your nearest Commonwealth Bank branch and deposit your payment into our account:
        BSB: 065-504
        AC #: 1036 2625
        AC Name: Spiderman SE
      4. Cheque
        Post to PO Box 2884, Mount Gambier  SA  5290
        Visit your nearest Commonwealth Bank branch and deposit your payment into our account:
        BSB: 065-504
        AC #: 1036 2625
        AC Name: Spiderman SE

      Our technicians do not carry cash or change and cannot accept payment on the day of your service.  Our Admin Team double-checks all service info on the evening of or in the days following your service.  We'll send an account and service report via email or SMS either the evening of or in the days following your service.  We are happy to issue invoices via post for those who'd prefer a paper account.

    8. If you do not pay when required to
      If you fail to make payment by the date or time we and you agree, we may charge you interest of 10% on any outstanding amounts if those outstanding amounts remain unpaid for more than 30 days from the date of our invoice or when we asked you first to pay them.
    9. Where you seek to not pay amounts due to us
      You will not refuse to pay any amount owing to us where there is only a minor or inconsequential defect or error in the performance of the Services. You will be entitled only to refuse to pay no more than a proportionate amount of any amount due.
  9. Photographs
    You acknowledge and agree that a part of our provision of Services may require us to take photographs in, on or around the Premises for the purpose of our own record-keeping and reporting and that we own the copyright in all images taken in accordance with this contract.
  10. Exclusion and limitation of liability
    1. If delivery of the Service requires drilling or cutting any materials, you will be responsible for identifying the location of all utility services to the property, including water and drainage pipes, electrical and telephone cables, gas pipes, etc. We will exercise due care in performing any drilling or cutting, but you will be liable for any damage caused by penetration to any such services unless caused by our negligence.
    2. We do not exclude or limit liability for our negligence or negligent omission which causes you personal injury or death.
    3. We will only be liable for any loss or damage suffered by you which is a reasonably foreseeable consequence of a breach by us of this contract.
    4. If any loss or damage suffered by you relates to your business activities or use of the Premises for commercial purposes, then we exclude all liability for any business loss and in particular we exclude all liability for loss of profits or other economic loss arising out of a breach of this contract.
    5. No responsibility is accepted, or warranty implied, for any damages or consequential losses that may occur as the result of past, current or future pest activity.
    6. We will not be held liable should staining of timbers, fabrics, wall and coverings, or any other articles occur.
  11. Communicating with us
    1. If you wish to send us any notice or letter then it needs to be sent to us at PO Box 2884, Mount Gambier SA 5290 or via email at hello@spidermanse.com.
    2. If we wish to send you any notice, letter, or SMS, we will use the Premises address, email address or mobile phone number you have given us.
  12. Termination of contract by you
    1. Once we and you enter into a binding contract you will normally not be able to terminate the contract, except where we agree or as otherwise provided for in this contract.
    2. If we agree to terminate the contract then you will be responsible for the cost of:
      1. any of our time in performing the Services up to the date we stop providing the Services; and
      2. any Products we are contractually committed to buying up to the date of termination (whether or not we need to pay for them before or after the date the contract between us and you is terminated). Any Products we have purchased (but not used in performing the Services) will be delivered to you; and
      3. if you are a Commercial Customer, the balance of the charge estimate recorded on the Pest Management Recommendation and Agreement, or, if you are a Domestic Customer, the Termination Fee.
    3. If you:
      1. purport to terminate the contract; or
      2. give notice purporting to terminate the contract; or
      3. otherwise do not fulfil your obligations (such as by not paying any sums due to be paid to us) in a way which amounts to you terminating the contract
    4. we do not have to accept your termination of the contract except as provided in paragraph (b) or as otherwise provided for in this contract. However, we may choose to accept termination of the contract, and if we choose to do so, you will be required to pay to us a reasonable amount for the losses and costs (including loss of profit) we have suffered.
  13. Amendments to the contract terms and conditions
    1. We will have the right to amend the terms and conditions of this contract where:
      1. we need to do so in order to comply with changes in the law or for regulatory reasons; or
      2. we need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long such correction is minor and does not materially affect the contract.
    2. Where we are making any amendment we will give you 30 days' prior notice (unless the contract is terminated before that period).
  14. Law and jurisdiction
    This contract takes effect, is governed by, and is construed in accordance with the laws from time to time in force in South Australia, Australia. The Parties submit to the non-exclusive jurisdiction of the courts of South Australia.
  15. Severability
    If any provision of this contract is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this contract and rendered ineffective as far as possible without modifying the remaining provisions of this contract, and shall not in any way affect any other circumstances of or the validity or enforcement of this contract.