Website Terms Of Use

Terms Of Service

Thank you for choosing Aussie Tree Solutions.

Your agreement to engage Aussie Tree Solutions communicates your agreement to be bound by these terms and conditions (Terms), which constitute a contract between DS & SA Young Pty Ltd trading as Aussie Tree Solutions

A.B.N.69 077 075 695 (us, we or Aussie Tree Solutions) and you, the customer (you or the Customer).

We may amend these Terms from time to time by publishing updated Terms on our Website or otherwise notifying you. Any amended Terms will apply only to Quotes issued, and work booked or authorised, after the date of publication or notice, unless you otherwise agree in writing. The Terms in force when a Quote is accepted or work is authorised will continue to apply to that Quote and work.

Definitions

1. The following defined terms are used in these Terms:
   • Customer means only a person or entity who has accepted a Quote and entered into a binding contract with Aussie Tree Solutions.
   • Fee means the fee that is displayed in any Quote that we provide you with;
   • Invoice Date means the date stated on any tax invoice that we provide you with;
   • Quote means any obligation-free quotation that we provide you with in respect to our services;
   • Site means the location of the Work to be carried out;
   • Website means our website displayed at aussietreesolutions.com.au; and
   • Work means work that Aussie Tree Solutions is required to carry out for you, at the Site, and as specified in a Quote.

Scope of work and quotations

2. All work to be undertaken will be discussed and agreed to with you, prior to the commencement of
3. We will provide you with a Quote for our services after visiting the Site and assessing your
4. Any Quote that we provide you with, in person or otherwise, is valid for three (3) If any Quote expires, then we may re-quote for the work required, which may involve us re-visiting the Site.
5. Any service provided by Aussie Tree Solutions to the Customer, in excess of that specified in any Quote, shall be subject to further charge and performed as soon as reasonably practicable.
6. If the Customer requires any work to be carried out that is beyond the scope of the quoted Work, then Aussie Tree Solutions personnel shall write the changes on the original Quote, along with the further charge, and the Customer must express their acceptance by signing the original Quote.

Acceptance of Quote

7. You agree and acknowledge that your acceptance of a Quote and these Terms may be expressed in the following ways:
   • via telephone;
   • via email; or
   • via SMS or other electronic
   • Accepting the Quote through any electronic acceptance method made available by us, including via our Website or any electronic quoting or invoicing platform.
   • via your signature on a Quote, while our personnel are at the
   • Paying any deposit, part payment or other amount requested by us in respect of the Quote or the
   • Directing, requesting or permitting us to commence the

Fee and payment

8. By accepting these Terms, you agree to pay the Fee to
9. Aussie Tree Solutions does not accept gifts, or any other item of value, as payment for the
10. We will issue you with our tax invoice once the work has been completed or by progress payments if agreed as part of the Quote (the Invoice Date).
11. Unless a payment plan has been agreed to with Aussie Tree Solutions at the time of you accepting our quotation, you must pay our tax invoice in full, on receipt of invoice and by the due date as stated in the Invoice. We may require a deposit to be paid and will not commence works unless the deposit is paid where outlined in our Quote.
12. Before making payment, please verify our banking details with our staff to ensure payment identity is correct and true.
13. You may pay our Fee via cash, cheque, credit card (Visa and Mastercard only), and electronic funds transfer (EFTPOS) or direct transfer.
14. Our Fee is in Australian Dollars and includes Goods and Services Tax (GST).
15. You agree and acknowledge that you will be responsible for any administrations fees chargeable in the event of default and interest at 12% rate until payment of the Tax Invoice.
16. You further agree and acknowledge that you will be responsible for any debt recovery or legal fees and expenses that we may incur, as a consequence of recovering any outstanding amounts that you owe to us, in respect to the work.
17. We reserve the right to suspend all work if any Tax Invoice is outstanding, for any safety concerns or unsafe conditions.

Cancellations

18. If the Customer wishes to cancel a scheduled service, they must provide Aussie Tree Solutions with at least 24 hours’ notice before the agreed service date. Cancellations made within this period will not incur any cancellation fees.
19. Cancellations made with less than 24 hours’ notice may be subject to a cancellation fee or 10% of the quoted
20. If We are unable to attend the Site at the agreed time for any reason We will reschedule to alternative time and date and provide You with a reasonable notice of any rescheduling.

Force Majeure

21. Aussie Tree Solutions will not be liable for any failure to complete the Work, or any delays due to circumstances beyond its reasonable control, including but not limited to extreme weather conditions, accidents, or In such cases, no refunds will be issued, but the service may be rescheduled.

Access to the Site

22. You must provide Aussie Tree Solutions personnel with safe access to the Site during our normal working hours and storage space for materials.
23. The Customer must provide Aussie Tree Solutions personnel with access to water and electricity, if needed, at no charge to us.
24. Aussie Tree Solutions reserves the right to refuse or cancel services if the Site is deemed unsafe, access is not provided, or for any other reason that may reasonably prevent us from carrying out the Work in a safe and professional manner.

Property Damages

25. The Customer acknowledges that Aussie Tree Solutions personnel may temporarily move and/or photograph external items, above ground, to minimise or reduce the likelihood of damages and/or to provide evidence of current condition of item before works commence.
26. The Customer is encouraged to contact Aussie Tree Solutions immediately if external above ground damages are discovered after work is completed and Aussie Tree Solutions personnel have left the Site. If the Customer or neighbour of Customer contacts Aussie Tree Solutions after 1 month of personnel having left site, we reserve the right to refuse to compensate for any apparent damages.

No responsibility

27. The Customer agrees and acknowledges that:
    • the Customer is responsible for accurately identifying and marking the position of underground services prior to the commencement of the Work;
    • although Aussie Tree Solutions will take care, we shall not be liable for any damage caused to underground services and hereby waives any claims, costs, or legal actions in respect of such damage; and
    • the Customer will bear all costs related to the repair or rectification of any damage to underground services that are unmarked or inaccurately marked.

Insurance

28. Aussie Tree Solutions holds and maintains public liability and workers compensation All vehicles, plant and equipment are also insured. Insurance documents are available on request.

Photographs of Work

29. You agree and acknowledge that Aussie Tree Solutions may take photographs during the assessment of the Work that is required and while the Work is being carried out.
30. The photographs referred to above may be kept as a record of the Work, the Work being completed, used to promote the Aussie Tree Solutions business (including on the Website or on social media), or for any other reasonable business-related purpose.

Privacy

31. All personal information that we collect about you will be handled, treated and stored in accordance with our Privacy Policy, which you agree to by agreeing to these Terms.
32. You agree that we may collect, use and disclose your personal information for the purposes of providing the Work, administering your account, assessing your credit worthiness and recovering amounts owed to us. You authorise us to make credit enquiries with credit reporting bodies, credit providers and trade references, and to obtain and exchange credit-related information to the extent permitted by law. If you default in payment, you agree that we may disclose information about that default to a credit reporting body, debt collector or other credit provider, to the extent permitted by law. All personal information will be handled in accordance with applicable privacy laws and our Privacy Policy. The Privacy Policy can be located at https://aussietreesolutions.com.au/privacy-policy/

Feedback

33. We are always looking to improve our services. Please email us if you would like to provide feedback regarding our services or the Any grievances will be taken seriously and will be addressed in a timely and thoughtful manner.

Work Health and Safety, Site Conditions and Site Risks

34. The Customer must ensure, so far as reasonably practicable, that the Site is safe, lawful and suitable for us to access and carry out the Work.
35. Before we commence the Work, the Customer must provide us with all information known to the Customer, or which ought reasonably be known to the Customer, about the Site and its surrounding location that may affect the safe, lawful or efficient performance of the Work, including:
    • access restrictions;
    • underground services, pipes, drains, septic systems, tanks, irrigation lines, electrical cables and other concealed infrastructure;
    • overhead powerlines or other overhead hazards;
    • asbestos, contamination, hazardous substances, unstable ground, hidden voids, structures, retaining walls or any other actual or potential hazard;
    • boundary issues, easements, encroachments or neighbouring property risks;
    • that the Site is not Council owned property or owned by any other government department;
    • that the Site is not on the Heritage Properties List or an environmental protected Site and
    • any other matter that may create a safety risk, delay, additional cost or risk of damage.

36. The Customer warrants that all information provided to us about the Site is accurate, complete and up to
37. The Customer is responsible for obtaining, maintaining and paying for all permits, approvals, licences, consents and authorisations required for the Work, including any council approvals, body corporate approvals, traffic control approvals, road or footpath occupancy permits, neighbour consents and approvals relating to protected vegetation or regulated trees, unless we expressly agree otherwise in writing.
38. The Customer must ensure that we have safe and unobstructed access to the Site, including adequate access for our personnel, vehicles, plant and equipment, for the duration of the Work.
39. The Customer must take all reasonable steps to protect, secure and remove from the Site or the work area any pets, livestock, vehicles, caravans, trailers, outdoor furniture, ornaments, tools, equipment, fragile items and any other personal property that may be affected by the Work.
40. The Customer must also take all reasonable steps to protect buildings, structures, fences, gates, driveways, paths, lawns, gardens, irrigation systems and any other non-work areas or property that may be affected by the Work, where such items are not intended to be worked on by us.
41. If the Customer does not remove or protect any item referred to in this clause, we may, but are not obliged to, move or take reasonable steps to protect that item at the Customer’s risk and cost.
42. We may suspend, delay or refuse to commence or continue the Work if:
    • the Site is unsafe or inaccessible;
    • required information about the Site has not been provided;
    • required permits, approvals or consents are not in place; or
    • carrying out the Work may expose any person or property to an unacceptable

43. The Customer acknowledges that unsafe Site conditions, undisclosed hazards, inaccurate Site information, lack of access, or failure to obtain required permits, approvals or consents may cause delay, additional cost, variation to the scope of Work, or inability to complete the Work.
44. To the extent permitted by law, we are not liable for any delay, loss, damage or additional cost arising from:
    • inaccurate, incomplete or late information provided by the Customer
    • the Customer’s failure to obtain any required permit, approval, licence, consent or authorisation
    • unsafe, obstructed or inaccessible Site conditions; or

45. The presence of undisclosed hazards, services, structures, substances or conditions at or near the
46. Any additional time, cost, expense, plant hire, labour, subcontractor cost or materials incurred by us as a result of a matter referred to in this clause may be charged to the Customer as a variation or debt due and payable

General

47. These Terms contain the whole agreement in respect of the subject matter of the agreement between Aussie Tree Solutions and you.
48. You confirm that you have not entered into these Terms on the basis of any representation that is not expressly incorporated into these Terms.
49. If any dispute arising from these Terms or the Work carried out, both parties agree to attempt to resolve the issue in good faith through direct communication. If the dispute cannot be resolved within 30 days, either party may seek resolution through mediation, arbitration, or legal proceedings, as applicable
50. If any provision of these Terms are prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and will not in any way affect any other circumstances of or the validity or enforcement of these Terms.
51. These Terms take effect, are governed by, and will be construed in accordance with the laws from time to time in force in Queensland.

By accepting the quotation provided by Aussie Tree Solutions, the Customer accepts these terms and conditions and all aspects of the agreed contract that make up these Terms.