Terms and Conditions - Client Services (Trades)

These terms and conditions are between DIGITAL BRAND BUILDERS PTY LTD (trading as Aged Care and Medical) (ACN 164 689 294), (we, us or our) and you, the aged care recipient (you or your), together the Parties and each a Party.  

Your Approved Provider has asked us to provide you with services in and around your home (including but not limited to accessibility improvements, gutter cleaning, spring cleaning, window cleaning, home & maintenance and repair and home modifications) (Services). Your Approved Provider will pay for the Services to be supplied to you, but to ensure we can do so safely and efficiently, you have some responsibilities.  

1. Services 
   1.1 We agree to provide the Services to you in accordance with all applicable Laws and the agreement we have in place with your Approved Provider. 
    
   1.2 We will let you know if we have to change the scope of the Services at any time. We will provide you with as much notice as we can.  
   
   1.3 If you want to change the scope of the Services, you must let your Approved Provider know. We will not agree to change the scope of the Services while we are at your premises. Any changes must be negotiated between you and the Approved Provider.  
   
   
2. What you must do 
   2.1 So that we can provide the Services to you, you must:  
     (a) ensure the premises are safe for us (and our Personnel) to enter;  
     (b) follow our (or our Personnel’s) reasonable instructions about the Services, including safety procedures and policies;  
     (c) inform us of any risks which may impact the delivery of Services, including if you or a member of your house has tested positive for an infectious disease (including COVID-19) or are in self-isolation;  
     (e) provide a smoke free work environment; and 
     (f) keep children and pets clear of where we or our Personnel are working to ensure their safety.  
   
   2.2 You must let us know if you are harmed or injured while we are performing the Services.  
   
   2.3 All information that you give to us must be true and accurate. If you give us false information, we may not be able to help you. We will not be liable if anything happens to you because you have not disclosed important information. 
   
   2.4 You must be polite and respectful to our staff. If you engage in rude, aggressive, dangerous or threatening behaviours, we can stop providing you with the Services. 
   
   2.5 You must let us know if you need to reschedule or cancel any Services by letting us or your Approved Provider know via email or over the phone.
   
   2.6 You must follow any reasonable requests or requirements (including any after-care manuals, instructions or policies) that we provide to you in connection with the Services. 
   
   
3. Access  
   
   3.1 You agree to provide us and our staff with reasonable access to any premises reasonably necessary for us to provide the Services, free from harm or risk to health or safety:  
     (a) at the times and on the dates requested by us to enable us to provide the Services; and/or 
     (b) to enable us to comply with our obligations at law. 
   
   
4. How we handle the information you give us 
   
   4.1 You can find information on the way we handle personal information by reading our privacy policy on our website (Privacy Policy). If you want a copy, please let us know and our staff can email one or send you one in the post.  
   
   4.2 If you want us to discuss your needs with another person such as a family member, we will ask you to sign a form letting us know the person’s details. Unless we have your consent, we will not discuss your needs or the Services with a third person unless this is set out in our Privacy Policy or that third party is the Approved Provider.  
   
   
5. Australian Consumer Law  
   
   5.1 Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights, nothing in this Agreement excludes those Consumer Law Rights. 
   
   5.2 Subject to your Consumer Law Rights, we exclude all warranties, and all material, work and services, including that the Services are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis, except where expressly set out in this Agreement.  
   
   5.3 This clause 5 will survive the termination or expiry of this Agreement. 
   
   
6. Responsibilities and liabilities
   
   6.1 We are responsible and committed to providing you with the Services.
   6.2 We will not be liable for any injuries you may suffer when we are performing the Services, unless we are negligent.  
   6.3 You are responsible for any damage to property you cause.  
   6.4 This clause 6 will survive the termination or expiry of this Agreement. 
   
   
7. Termination
   
   7.1 By you: You can stop receiving the Services at any time, by letting your Approved Provider know.  
   
   7.2 By us: We can tell you that we will no longer provide you with the Services by letting you know in your preferred manner and by giving you 14 days’ notice. This may be because our agreement with your Approved Provider has come to an end.  
   
   7.3 We can also stop providing you with the Services with no notice, if you have put our staff at risk or if your agreement with your Approved Provider ends.  
   
   7.4 Upon expiry or termination of this Agreement we will immediately stop providing the Services to you.  
   
   7.5 Termination of this Agreement will not affect any rights or liabilities that a Party has accrued under it. 
   
   7.6 This clause 7 will survive the termination or expiry of this Agreement. 
   
   
8. Definitions