Document 1
Customer Service Terms and Conditions
The core contract terms for quotes, scope, variations, payment, liability and completion.
1. Parties and application
These Terms apply to services supplied by Nathanial Beer trading as Zekta Property Services to the person or organisation identified in the quote, work order, booking or invoice (Customer). By accepting a quote, requesting Zekta to commence, confirming a booking after receiving these Terms, or otherwise clearly agreeing, the Customer enters a contract with Zekta. A property manager or agent warrants that they are authorised to give instructions for the property owner or responsible client.
2. Contract documents and priority
The contract consists of the accepted quote or work order, these Terms, any service-specific schedule, an accepted variation and any written client agreement. If documents conflict, a specifically negotiated written term prevails over a standard term; an accepted variation prevails for the varied work; and the quote prevails for scope, price and timing. Marketing material is general information and does not expand an accepted scope.
3. Quotes and estimates
A quote is based on information and access reasonably available when prepared and is valid for the period stated in it, or 30 days if no period is stated. An estimate is an informed approximation, not a fixed price. Zekta will identify estimates as such and seek approval if the expected price materially changes. Obvious clerical errors may be corrected promptly, but Zekta will not proceed on a corrected price without the Customer's agreement.
4. Scope of services
Zekta will perform only the work described in the accepted scope. Ordinary services may include property maintenance, lawn and garden care, pressure cleaning, rubbish removal, cleaning, minor repairs, installations and visible-condition reporting. The exact inclusions, exclusions, service standard and deliverables are determined by the quote or work order.
5. Licensed and excluded work
Zekta will not perform electrical, plumbing, gas, asbestos-removal, structural, pest-certification, building-certification or other work requiring an occupational or contractor licence unless the work is performed by an appropriately licensed person and the required contract, approval and insurance arrangements are in place. Unlicensed handyman or building work will not exceed any lawful value or scope threshold. Zekta may stop, exclude or refer regulated work without being in breach.
6. Customer information and authority
The Customer must provide accurate contact, site, access, hazard and scope information; disclose known defects, asbestos, underground or concealed services, dangerous animals, contaminated areas and occupancy restrictions; and obtain all owner, body corporate, tenant or third-party permissions required for the work. Zekta may rely reasonably on instructions from an authorised contact.
7. Property access and preparation
The Customer must provide lawful, safe and timely access, including working keys, codes and approvals; secure animals; move vehicles and fragile or valuable items; remove or identify obstacles; and ensure children and other people remain clear of the work area. Unless included in the quote, clearing loose items, animal waste, excessive debris or unsafe obstructions is additional work and requires approval or may prevent attendance.
8. Site conditions and latent conditions
Prices assume the site conditions described or reasonably visible. Concealed damage, buried services, unstable surfaces, excessive growth, contamination, pest activity, inaccessible areas, unexpected disposal requirements or other latent conditions may require a variation, specialist referral, rescheduling or cancellation. Zekta will explain the issue and, where practicable, obtain approval before additional chargeable work.
9. Variations
A variation may change scope, price, materials or timing. Zekta will describe the variation and obtain written, electronic or clearly recorded approval before proceeding. If immediate limited action is reasonably required to prevent imminent injury or material property damage, Zekta may take only authorised or reasonably necessary protective steps and document them.
10. Materials and customer-supplied items
Materials supplied by Zekta will be reasonably suitable for the agreed purpose. Colour, texture and natural-product variations are not defects unless inconsistent with the agreed specification. If the Customer supplies an item or directs a particular product, Zekta is not responsible for an inherent defect, incompatibility or manufacturer delay that could not reasonably have been identified, but remains responsible for due care in handling and installation.
11. Deposits
A deposit may be required where Zekta must purchase materials or supplies, reserve specialist resources or incur a disclosed upfront cost. The quote will state the amount, purpose and payment deadline. Zekta will not request more than any maximum permitted by applicable law. Unless agreed otherwise, work is not scheduled and materials are not ordered until cleared deposit funds are received. Deposit treatment on cancellation is governed by the Payment Policy and must reflect actual, reasonable loss and recoverable supplier costs.
12. Scheduling and delays
Dates and arrival windows are genuine estimates unless expressly guaranteed. Zekta will use reasonable care to meet them but may be affected by weather, unsafe conditions, illness, equipment failure, supplier delay, access failure or events beyond reasonable control. Zekta will communicate a material delay and offer a reasonable revised arrangement. The Customer retains any non-excludable right where services are not supplied within the required or reasonable time.
13. Safety and stop-work rights
Zekta may decline, suspend or stop work where conditions are unsafe, unlawful, abusive, materially different from those disclosed, outside competence or licensing, or likely to damage property. Zekta will state the reason where reasonably possible. Charges are limited to completed work and reasonable committed costs, subject to the cause and applicable law.
14. Completion, reports and notification
A service is complete when the agreed work has been performed, subject to minor outstanding rectification that does not prevent reasonable use. Zekta may provide a service report with time records, work performed, photographs and observed hazards or issues. The report records conditions reasonably observed at the time and is subject to the Inspection and Report Limitations Policy.
15. Price and payment
The Customer must pay the accepted price, approved variations, disclosed materials, disposal, travel or other agreed charges. Residential payment is due immediately on completion unless the quote states otherwise. Approved accounts are due within 7 calendar days of invoice. Payment obligations, disputes and recovery are governed by the Payment Policy.
16. Cancellations
Cancellations and rescheduling are governed by the Cancellation Policy. At least 24 hours' notice ordinarily avoids a cancellation charge. A reasonable charge may apply to late cancellation, failed access or attendance where Zekta has suffered actual loss or incurred reasonable costs and the charge was disclosed.
17. Care of property and pre-existing condition
Zekta will exercise due care and skill. The Customer should identify fragile, concealed, recently repaired or unusually valuable property. Zekta is not responsible for deterioration, failure or damage caused by a pre-existing defect, ordinary wear, inaccurate customer information, hidden conditions or an event outside Zekta's control to the extent Zekta did not cause or contribute to it.
18. Consumer guarantees
Nothing in the contract excludes, restricts or modifies the consumer guarantees, remedies or other rights under the Australian Consumer Law or another law that cannot be excluded. Services will be supplied with due care and skill, be reasonably fit for any disclosed purpose Zekta agrees to meet, and be supplied within the agreed or a reasonable time.
19. Liability
To the extent permitted by law, each party is responsible for loss to the extent caused by its breach, negligence or unlawful act. Zekta is not liable for indirect or consequential loss that was not reasonably foreseeable, or for loss caused by the Customer's failure to meet these Terms. Any lawful limitation is subject to non-excludable consumer rights and does not apply to fraud, wilful misconduct or liability that cannot lawfully be limited.
20. Complaints and rectification
The Customer should notify Zekta promptly with the job reference, description and supporting photographs where available. Zekta may inspect and, where appropriate, rectify within a reasonable time. This process does not remove any right to an immediate remedy where the law provides one. The Complaints Policy applies.
21. Privacy, photos and communications
Zekta handles personal information under its Privacy Policy and may create service photographs, reports, call recordings or transcripts as disclosed in the applicable policies. Operational emails and SMS may be sent to administer the contract. Marketing communications require the consent or other legal basis required by law and include an opt-out mechanism where required.
22. Subcontractors
Zekta may use suitably qualified and insured workers or subcontractors and remains responsible for contracted services to the extent required by law. Regulated work will only be allocated to a person with the necessary licence or authority.
23. Ending the contract
Either party may end the contract for a serious breach not remedied within a reasonable time after notice, or immediately for serious safety, fraud, violence, unlawful conduct or insolvency risk where lawful. The Customer must pay for properly completed work and reasonable non-cancellable commitments up to termination, subject to any refund or remedy right.
24. General
If a term is invalid, it is read down or severed to the minimum extent necessary without affecting the remainder. A delay in enforcing a right is not a waiver. The contract is governed by Queensland law and the parties submit to Queensland courts and tribunals, subject to any mandatory jurisdiction. Notices may be sent to the most recent contact details provided.
Document control and contact
Questions and notices: contact@zektapropertyservices.com.au | 0483 750 816 | www.zektapropertyservices.com.au. The owner must approve amendments. The current published version applies prospectively according to its terms and applicable law.
