General Terms and Conditions
These terms and conditions constitute the full and complete service agreement (the “Agreement”) between you (the “Client”) and LASMO (the “Company”) of Kwinana, Western Australia 6167 for the provision of a service or services (the “Service”) by a LASMO staff member (the “Staff Member”) at a location specified by the Client (the “Premises”) on a schedule agreed upon by both parties (the “Service Time”).
Please take some time to review this Agreement by clicking the link of each of the terms and conditions below. Use of our services constitutes your acceptance of these terms and conditions.
Exclusions and Limitations
The only conditions and warranties which are binding on LASMO in respect of the state, quality or condition of goods and services supplied by LASMO to Clients are those imposed and required to be binding by statute (including the Trade Practices Act 1974).
To the extent permitted by statute, the liability, if any, of LASMO is, at LASMO’s option, limited to and completely discharged by the resupply of the Service.
Accidents, Breakage, Damage and Theft
The Client must inform LASMO of any incident where an accident, breakage, damage to property or theft has occurred due to any act of the Staff Member within 24 hours of completion of the Service.
To the extent permitted by law, the Client is not entitled to claim any loss for any incident if the incident is not reported to LASMO within 24 hours of completion of the Service.
To the extent permitted by law, the Client is not entitled to claim any loss for any existing breakage, torn or damage undisclosed to LASMO at the time of booking.
To the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of LASMO under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value.
Use of Client's Equipment
LASMO provides all products, tools and equipment. Our staff are strictly instructed not to use any of Client’s equipment while in Client’s premises due to health and safety issues. Our Staff Members are trained on how to use our products, tools and equipment properly. In addition, all our electrical equipment are properly tagged and maintained for our Staff Member's and are safe to use.
The Staff Member may ask to use the Client’s water supply and as well as electric supply to complete the service.
If the Client insists that Staff Member will use their cleaning products and equipment, LASMO will not be liable for any costs that may occur including the safety of the employee, therefore, the Client will be held liable.
Health and Safety Risks
In addition to the obligations and warranties set out under the jurisdiction of Australian law, the Client acknowledges and agrees that:
- The Staff Member is entitled to undertake a job safety analysis before the commencement of any work to assess the health and safety risk at the Premises
- In order to protect our workers, Staff Member/s are instructed not to enter an environment they consider to be unsafe, dangerous to health, or inoperable for any reason, but are instructed to withdraw from the premises and to report the problem to the LASMO office. In this event, the Client will be charged the minimum charge as per each individual contract.
- The Service will only be rescheduled after the environment has been rendered safe. However, if after the second visit it is still unsafe, the Client will be charged 100% of the cost of the booking.
- Should any member of the Client’s Premises require the use of syringes, please ensure that they are disposed of safely. Any secure container can be used to store used syringes and/or needles prior to the final disposal. Any unexpected stab by an insecure needle can pose serious health concerns to the LASMO Staff Member, therefore, the Staff Member is instructed to leave the premises.
- Please be sure that any Client’s confidential or potentially illegal documents or substances are put away before the LASMO team arrives.
- The Client must ensure that the environment that the Client is inviting the LASMO Staff Member to work in, is a safe environment free from electrical or structural hazards.
- Any Service chemicals or solutions for specialist jobs should be considered poisonous, and are not for human consumption.
Indemnity
The Client indemnifies LASMO against:
All losses or liabilities arising directly or indirectly as a result of the provision of the Service including all losses or liabilities caused as a result of a breach of the warranties of the Client; and
All legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by LASMO in connection with a demand, action, arbitration or other proceedings (including mediation, compromise, out of court settlement or appeal and including any action taken for the recovery of a debt from the Client).
Termination
Client Agreement for Onsite Visits
- This Agreement may be terminated by the Client by providing at least two (2) working days notice prior to the Service Time.
- LASMO may terminate this Agreement by providing the Client with at least two (2) working days notice prior to the Service Time and vice-versa.
- LASMO may terminate this Agreement with immediate effect if the Client is in breach of this Agreement, and in the opinion of LASMO, that breach is incapable of remedy or vice-versa.
Privacy Policy (Summary)
The Client acknowledges that any information provided by the Client may be used by LASMO for the purpose of providing the Service. LASMO agrees not to share any information provided by the Client with any third party not directly involved in the provision of the Service (unless required to do so by law).
The Client agrees to LASMO communicating with them electronically and/or via other means in order to provide the Service or for reasons related to the provision of the Service.
LASMO will take all reasonable precautions to protect the personal information provided by the Client from loss, misuse, unauthorised access or disclosure, alteration or destruction.
Our full privacy policy is available here.
Late Payment
Where LASMO has agreed to invoice Clients for Regular visits (ie: weekly, fortnightly, 3 weekly, monthly or quarterly) for payment after the Service has been completed, the Client agrees to pay in full, all fees due after Services rendered or 7 days of the invoice date.
The Client agrees that in the event that LASMO has not received payment in full for the Service within one calendar month of the original invoice date from the Client who opted to pay through Internet banking every after service, LASMO reserves the right to pass the debt on to a collection agency and refer the Client’s personal details to credit reporting agencies. The future Services booked will be on hold until all overdue balances are paid in full.
In addition to the amounts set out above, the Client agrees to indemnify LASMO for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by LASMO in connection with a demand, action, or other proceedings (including mediation, out of court settlement or any action taken for recovery of debt from the Client) arising out of a breach of these terms including the failure by the Client to pay any amount by the due date.
Complaints
If the Client is dissatisfied for any reason with the Service provided, Client must inform LASMO within 24 hours of completion of the Service. LASMO strives to achieve 100% Client satisfaction and will endeavour to resolve the problem quickly and efficiently.
In the event of a Client complaint, the Client undertakes to give LASMO the opportunity to rectify all work. LASMO may, at its discretion, offer the Client either of the following:
- re-supply of the Service without charge
- a partial or full refund
- such other remedy as deemed appropriate by LASMO
Changes to the Agreement
LASMO reserves the right to update or modify these terms and conditions at any time without prior notice and may do so by publishing an updated agreement on the LASMO website. Each updated agreement will take effect 24 hours after it has been published on the website.
The Client agrees that any use of the Service following any such change, whether as a single job or as part of a regular schedule, constitutes their agreement to follow and be bound by the terms and conditions as changed
Law and Jurisdiction
The Client and LASMO acknowledge and accept that this Agreement shall be construed and interpreted in accordance with the laws of Western Australia and both agree to submit to the exclusive jurisdiction of the courts of Western Australia in the event of any dispute.
Serviceability
The Client agrees that if any term or provision is held invalid, void or unenforceable, then that provision will be considered severable and the remaining terms and provisions shall continue to be binding.
Copyright
The content of this Agreement is protected by international copyright laws and may be used for personal reference only. Subject to applicable law, permission to copy, alter, reproduce, publish, transmit and/or otherwise distribute this content is forbidden without first obtaining the prior written permission of LASMO.
Our full copyright statement is available here.