Services Agreement - Terms and Conditions

This Services Agreement is made between URBAN TAILZ ABN: 61 505 985 105 (Urban Tailz) And the Customer.

The Customer engages Urban Tailz to provide the Services in accordance with the provisions of this Agreement.

OPERATIVE PROVISIONS

1 Definitions and interpretation

Agreement means this Services Agreement.

Customer means the person or persons engaging Us to provide the Services.

Online Booking System means the method for booking and paying for Our Services through Our Website.

Party/ies is a reference to both Us and You.

Services means the services We provide as outlined in Our Website.

We, Us or Our is a reference to Urban Tailz.

Weather Event means heavy rain, flooding, storm, extremes in temperature.

Website means https://urbantailz.com.au

You or Your is a reference to the Customer.

2 Entering into a legally binding contract

    (a) A contract between You and Us will come into being in one of the following ways:

        (i) when You sign any document confirming your engagement of Us to provide the

             Services. We and You will enter into a legally binding contract on the date you                   sign; or

        (ii) where you make a booking through Our Online Booking System and pay for that

Service; or

        (iii) by You clicking on the "Confirm Booking" button you have read and agree to Urban Tailz Service Agreement – Terms & Conditions and the Refund and Cancellation policy. ANSWER YES to confirm your agreement on Our Website – by doing so You are indicating your acceptance of this Agreement and agree to be legally bound by it; or

        (iv) 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.

    (b) We suggest that before You agree to engage Us to provide the Services that You read through these terms and conditions. If You have any questions concerning them please contact Us.

    (c) You should keep a copy of these terms and conditions for Your records.

3 Providing the Services

    (a) We will provide the Services to You on such days and times as booked and paid for through our Online Booking System or at such times as agreed between Us.

    (b) Our aim is to provide You with the Services:

        (i) in a reliable, safe, sanitary and honest way;

        (ii) using reasonable care and skill;

        (iii) in compliance with commonly accepted practices and standards in the pet handling industry; and

        (iv) in compliance with relevant laws and regulations in force at the time We carry out the Services.

    (c) In the event the Services are impacted by a Weather Event or other unforeseen

circumstances, We will assess the risk to Our staff and your pet, and at our sole discretion,

make a decision whether or not to provide or postpone the Service.

4 Price and payment

    (a) Our fees are based on time spent

We charge for Our Services on a time basis. We charge for each period of time, eg. 30 minutes, at the rates set out in the Schedule.

    (b) When payment is required

Unless We otherwise agree, payment by You for Our Services is to be made at the time of your Booking 

    (c) GST

Urban Tailz is not registered for goods and services tax (GST) and no “tax invoice” will be issued by Urban Tailz to the Customer.

    (d) How to make payment

Where the option is given to You, You may make payment for Our Services in the following ways:

        (i) Electronic Funds Transfer (EFT) from your nominated account to Our bank account;

        (ii) PayPal

When making payments using PayPal, you warrant that you have read, understood and agree to be bound by the PayPal terms and conditions.

You acknowledge and agree to be bound by the terms and conditions of your nominated financial institution in respect of payments You make using EFT from your account.

5 Refunds and Cancellations

    (a) We will only provide you with a refund of a payment You have made in respect of Our Services where:

        (i) Dog Walking

            (a) We receive a written request for cancellation from You no later than 5:00pm the day prior to your booked Service. In which case, You will receive a 100% refund of any

payment You have made, unless You and We agree that the Service be

performed on an alternate day and/or time;

            (b) We receive a written request for cancellation from You after 5:00pm the day prior to your booked Service. In which case, You will receive a 50% refund of any payment

You have made, unless You and We agree that the Service be performed on

an alternate day and/or time;

        (ii) All other services

            (a) You will be entitled for a full refund if We receive the written cancellation request by You, 5 business days before the start of the booked Service, In which case, You will receive 100% of your payment You have made, unless You and We agree that the Service be performed on an alternate day and/or time;

            (b) You will be entitled for a partial refund if We receive the written cancellation request by You, less than 5 business days before the start of the booked Service, In which case, You will receive a 50% of any payment You have made, unless You and We agree that the Service be performed on an alternate day and/or time;

            (c) You will be not be entitled to a refund, when We receive written cancellation request by You with less than 24 hours before the start of the booked Service, In which case, You forfeit any payment You have made, unless You and We agree that the Service be performed on an alternate day and/or time;

        (iii) We are unable to provide the Service due to a Weather Event, unless You and We

agree that the Service be performed on an alternate day and/or time;

        (iv) Illness, death or other unforeseen emergency event results in Us being unable to

provide the Service, unless You and We agree that the Service be performed on an

alternate day and/or time;

        (v) We make a decision, in Our absolute discretion, that it is reasonable that a refund be provided to You;

        (vi) The Australian Consumer Law otherwise prescribes You be provided with a refund.

    (b) We reserve the right to modify, reject or cancel your booking or order whenever it becomes necessary. If we cancel your booking or order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

    (c) You are liable for all financial losses, damages, legal costs and other expenses We incur arising from your failure to pay for Services we have performed for You.

6 General terms and conditions

    (a) You shall ensure You provide Us with up to date and accurate contact details, including name, address, phone, email and emergency contact.

    (b) You are obligated to disclose to Us any behavioral/aggression problems that your pet has with other animals, toys, environment, food or people.

    (c) You acknowledge that it is your responsibility for any harm or injury that is caused by your pet to another animal, person or property while the pet is in Our care.

    (d) You acknowledge and guarantee that You will deliver your pets to Us in good general health.

    (e) You agree to provide Us with all medical information that relates to the health of your pet, including proof of vaccinations.

    (f) You warrant that your pet is free from fleas and ticks (or undertaking a flea and tick

prevention program) whilst in Our care.

    (g) We will not be held responsible for Paralysis Tick, Canine Influenza, injury, death, loss or damages of any kind whatsoever that may occur to any animal while in Our care.

    (h) You acknowledge We have the right to refuse to provide Our Services if:

        (a) We are concerned for Our safety or the safety of other people or animals, for example, due to aggressive behaviour of your dog;

        (b) We become aware that your dog is a restricted dog; or declared dangerous dog; or declared menacing dog, as per the Animal Management (Cats and Dogs) Act 2008.

    (i) We reserve the right to refuse a booking at our sole discretion.

    (j) At your request, We agree to provide photographs of your pet to You while the pet is in Our care.

    (k) You consent to Us using photographs of your pet on Our social media, website and

marketing/ promotional materials.

    (l) In the event that a pet becomes ill or sustains injuries while in Our care, we reserve the right to:

        (a) perform any necessary first aid;

        (b) if required transport (or arrange for transportation) of your pet to your nominated vet, or an after-hours vet.

Any expenses incurred are your responsibility.

7 Duty of Care

    (a) Whilst We are in charge of your pet We agree to abide by the Animal Care and Protection Act 2001 to provide “appropriate care” for it by providing for its needs in a reasonable way, such as:

        (a) providing your pet with food and water;

        (b) understanding your animal's normal behavioral patterns;

        (c) handling the animal appropriately;

        (d) ensuring the animal is appropriately treated if injured and/or You are informed of any injury.

8 Entering your property (Dog Walking Services)

    (a) If You engage Us to provide Dog Walking Services and We are required to enter your

property to collect or deliver your dog, We will:

        (a) not enter your property unless you have given Us your consent;

        (b) enter and depart Your property as instructed by You;

        (c) ensure the dog is secured in harness/collar and lead before leaving the property;

        (d) return the dog when the walk is finished and ensure there is a fresh water supply and the harness/collar and lead is removed and returned;

        (e) for dogs with inside access we will ensure your dog’s paws are dried with a towel.

    (b) You agree to inform Us if your dog is prone to escape your property by digging or fence jumping. We accept no liability if your dog has escaped your property.

9 Control of your pet (Dog Walking Services)

    (a) If You engage Us to provide Dog Walking Services, whilst We have control of your dog during a walk we will:

        (i) not use pronged collars designed to punish dogs;

        (ii) not take your dog to a dog park, unless your instruct otherwise;

        (iii) adhere to Council regulations (obeying signage, carrying and using doggy poo bags to clean up, etc);

        (iv) use our best endeavours to stay alert for dangers to your dog and take all reasonable steps to protect your dog’s safety;

        (v) maintain a professional standard at all times;

        (vi) endeavour as far as possible to only use positive responses and actions with your dog;

        (vii) use all reasonable steps to avoid interactions with other dogs, unless You instruct

otherwise. But You acknowledge we cannot always stop another dog approaching,

especially if the other dog is off-leash;

        (viii) where You request Us to transport your pet, We will use the utmost care and

professionalism using fixed seat belt attachments, driving to the legal speed limit and

obeying all other road rules;

        (ix) never leave your dog unattended;

        (x) where possible avoid walking your dog during a Weather Event;

        (xi) provide regular opportunities to re-hydrate your pet only using our provided collapsible bowl and water we carry with every walk.

    (b) You agree:

        (i) to provide an appropriate fitting harness/collar and lead which prevents accidental

escape/slippage;

        (ii) that the harness/collar will be supplied and made accessible to Us on every booked walk;

        (iii) to provide, and restock, adequate rolls of appropriately sized poo bags and holder

attached to the dog’s lead as required by Council;

        (iv) to inform Us if your dog is not desexed - We are unable to walk her while she’s in season;

    (c) Unless You instruct Us otherwise:

        (i) We may use treats while walking my dog/s;

        (ii) We may send You updates and/or photo/video of your dog while Our care.

10 Home Visit (Pet Sitting Services)

    (a) If You engage Us to provide Pet Sitting Services at your property, You grant Us a licence to access, occupy and use your property for the duration of the Services.

    (b) Your engagement of Us to undertake Pet Sitting Services at your property does not

constitute a lease.

    (c) You agree to provide Us with a set of keys or access codes to enable Us to enter and leave the property. We agree to keep any such keys safe and access codes confidential and return the keys to you at the conclusion of the Services.

    (d) You agree to inform Us if anyone else is expected to be coming to the property during your absence and whilst we are providing the Services.

    (e) You agree to ensure the property is in a reasonably clean condition at the commencement of Services, and We agree to leave the property in a reasonably clean condition at the expiry of the Services.

    (f) Whilst we are occupying and providing the Services at your property, We agree not to:

        (i) allow your property to be used for any illegal purpose;

        (ii) cause a nuisance or allow a nuisance to be caused at your property;

        (iii) grant any sub-licence permitting others to access, occupy and use your property;

        (iv) cause any damage to your property.

    (g) You agree to provide all food, medication, equipment and items reasonably required to assist Us to care for your pet.

    (h) You agree to reimburse Us the costs We reasonably incur if We have to provide food or other supplies for your pet.

    (i) We agree to vacate your property at the expiry of the Services.

11 Risk and liability

    (a) You understand that You are solely liable for any harm caused by your pets while we are undertaking Our Services.

    (b) You acknowledge that due to the way that dogs behave, such as, sniffing and marking their territory, that they may suffer minor cuts and scratches, notwithstanding that We are carefully supervising your pets.

    (c) You hereby release and agree to save and hold Us harmless from any and all liability,

claims, including claims of negligence, suits, actions, loss, injury or damage of any nature or kind, or for any liability, claims, suits, actions, loss, injury or damage which your pets may sustain or which may be caused in any way by your pets. You, without limitation, agree to fully indemnify Us in respect of any and all such liability, claims, suits, actions, losses, injury or damage.

    (d) To the full extent permitted by law, our liability for any breach by Us of a guarantee or implied warranty or condition is limited to the extent permitted under the Australian Consumer Law.

12 Termination of contract

    (a) Either Party may terminate this Agreement by notice in writing to the other.

    (b) If the Agreement is terminated, You will be responsible for the cost of:

        (i) any of Our time in performing the Services up to the date We stop providing the

Services; and

        (ii) any food or other materials We may have purchased specifically for your pet, where such amounts have not already been paid to Us.

13 Amendments to Agreement terms and conditions

    (a) We have the right to amend these terms and conditions where:

        (i) We need to do so in order to comply with changes in the law or for regulatory reasons; or

        (ii) We need to correct any errors or omissions, as long such correction is minor and does not materially affect the Agreement.

    (b) Where We are making any amendment We will give You reasonable prior notice (unless the Service is terminated before that period).

14 Law and jurisdiction

    (a) This Agreement takes effect, is governed by, and is construed in accordance with the laws from time to time in force in Queensland, Australia.

    (b) The Parties submit to the non-exclusive jurisdiction of the courts of Queensland. 

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