HOME IMPROVEMENT CONTRACT
Welcome to www.Houseace.com.au (the “Website”). The Website is an online portal where individuals and businesses can schedule, book, and pay for Home Improvement services. The Website allows you to submit a request for these services (“Home Improvement Services”) and then generates a work order (the “Work Order”) containing the details of the proposed project (including, but not limited to, number of rooms, room types, extras, specifications) (the “Project”). Houseace communicates the Work Order to third party Tradespeople (“Tradespeople”) who have expressed a desire to obtain leads from Houseace. If the Tradesperson accepts a request, the Service notifies you and provides information regarding the Tradesperson and the terms under which the Tradesperson will provide the Home Improvement Services to you (the “Home Improvement Contract”). All services provided by Houseace to you by means of your use of the Website are hereafter referred to as the “Service”. By using the Website or the Service, you agree to the following Terms:
Home Improvement Projects and Contract With Tradesperson
A Tradesperson has sole and complete discretion to accept or reject each request for Home Improvement Services. If the Tradesperson accepts your Work Order request, Houseace notifies you and provides the terms of the Home Improvement Contract to you on behalf of the Tradesperson. However, Houseace is not a party to the Home Improvement Contract. If you indicate that you wish to hire the Tradesperson for your Project, you are directly contracting with the Tradesperson (not Houseace) for the Home Improvement Services. The Tradesperson will then perform the Home Improvement Services and complete your Project in accordance with the terms set forth in the Work Order and the Home Improvement Contract.
IMPORTANT: You acknowledge that you understand and agree that Houseace itself does not provide Home Improvement services, and that Houseace is not a Home Improvement contractor, licensed Home Improvement contractor or employment service. Houseace is not an agent of the Tradesperson. The Tradespeople made available through the Service are not employees, contractors or agents of Houseace. The Tradesperson makes the offer and provides Home Improvement services, which may be requested through the use of the Website and/or the Service. Houseace only acts as an intermediary to facilitate the transaction between you and the Tradesperson. The provision of the Home Improvement Services by the Tradesperson to you is subject to the Home Improvement Contract to be entered into between you and the Tradesperson (not Houseace). Houseace does not have control over the quality, timing, or any other aspect whatsoever of any Home Improvement Services and will not be liable for any claim, injury or damage arising in connection with the Home Improvement Services or the conduct or activities of the Tradespeople. You agree and acknowledge that you understand that you assume all risks when using the Services and the Home Improvement Services, including any risks associated with interactions with Tradespeople and receipt of Home Improvement Services.
Every home owner is inspired towards different outcomes with home improvement and Houseace aims to accommodate each customers’ desires. While we do not give refunds once the work has started (to the extent permitted at law), we do offer a Happiness Guarantee (the “Happiness Guarantee”). This means we will continue to work to accommodate you, including arranging for additional Home Improvement Services to correct defective or deficient work, until you are 100% satisfied with the outcome. If your Tradesperson does not satisfactorily complete the Home Improvement Contract, you must let us know within seven (7) calendar days of completion of the Home Improvement Services by contacting us at 1300 304 367 and we will arrange for the defective or deficient work to be fixed free of charge. Issues not reported within seven (7) calendar days will be corrected only at our discretion. In no event will any refunds or credits be provided once payment has been released to the Tradesperson.
Payment and Payment Disputes
Houseace facilitates payments for the Home Improvement Services. The quoted price for your Project (the “Project Fee”) will be included in the Work Order. At the time you hire the Tradesperson and authorise the Project, you will be charged the specified deposit on the project. (the “Deposit”). You will be then be charged according to the remainder of the progress payment schedule. Houseace retains each payment until the completion of the specified milestone. If Houseace does not receive notice of defective work from you within seven (7) days after Home Improvement Services are completed (the “Complaint Period”), then the agreed upon final payment will be transferred to the Tradesperson. After such time no refund will be made of any part of the Project Fee.
If within the applicable Complaint Period you notify us in writing of a complaint under our Happiness Guarantee or of a dispute with the Tradesperson, we will attempt to assist you in resolving the issue. Houseace will continue to hold the final payment amount (in a non-interest bearing account) without release pending (1) withdrawal of your complaint (of which you agree to provide prompt written notice to Houseace), (2) joint written instructions from you and the Tradesperson to release the Project Fee; (3) resolution of the dispute pursuant to the Arbitration provisions of these Terms; or (4) receipt of an order from an arbitrator or court of competent jurisdiction or other release required by process of law.
You should not make any payments to the Tradesperson for the Project outside of the Website. Houseace will not be responsible for any work agreed in exchange for any such payment, nor the refund of any such payment. You agree that you will pay through the Service for all Home Improvement Services that you purchase or receive from the Tradesperson, and that Houseace may on behalf of the Tradesperson invoice you when authorising the Project, including the Project Fee and any taxes and charges for supplies authorised by you. Please note that in the event you dispute any part of a Project Fee via chargeback, you agree we have the right at our option to pursue you for payment, to seek reimbursement of any related costs incurred by us, to turn any past due account over to collections and/or report delinquent payment to credit rating agencies. We will collect and pay applicable sales tax on behalf of the Tradesperson on your Project. You are responsible for the timely payment of all fees and other taxes related to the Service and Home Improvement Services.
Houseace asks that if you must cancel your appointment for Home Improvement Services, it must be done at least 48 hours before the Project is scheduled to begin. If you cancel the Project within 48 hours before Project commencement, you will be charged a cancellation fee of 5% of the project total the cost of any Supplies ordered for your Project.
A Tradesperson reserves the right to cancel your Project for cause, such as if your site is unsuitable, inaccessible or unsafe or hazardous materials are present, or due to force majeure or inappropriate activity by you or third parties. In such a case, you will be responsible for paying for work performed prior to termination plus the cost of any Supplies specifically ordered for your Project.
No Responsibility for Tradespeople or Home Improvement Services/Release
Houseace does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any Home Improvement Services provided or to be provided by Tradespeople in connection with any Project, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Tradespeople. You acknowledge and agree that Houseace will have no responsibility or liability relating to (i) compliance with environmental protection legislation, work health and safety requirements and other laws, regulations and rules relating to the Home Improvement Services provided by Tradespeople; or (ii) compliance with state or Federal licensing regulations applicable to Tradespeople.
Houseace makes reasonable commercial efforts to screen Tradespeople using reasonable background checks, reference checks and interviews. We also take reasonable steps to verify that Tradespeople have obtained applicable state licences and public liability insurance. However, Houseace does not independently verify information from third party sources or verification services. You are encouraged to verify to your own satisfaction that the Tradesperson has obtained the appropriate licence and insurance requirements for your Project. You acknowledge that Houseace is not liable for misrepresentations or misleading or inaccurate information supplied by Tradespeople or third-party sources or verification services, and you release Houseace from any liability in connection therewith.
Because Houseace is not involved in the actual Home Improvement Contract between you and the Tradesperson or in the completion of the Home Improvement Service, in the event that you have a dispute with a Tradesperson, you release Houseace (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes (“Dispute Liabilities”), as further provided in the Liability Disclaimer and Release provision below.
Your purchase of project supplies via the Service (“Supplies”) is subject to these Terms and any terms of sale presented at the time you authorise the purchase. Supplies are not returnable or refundable once purchased. Neither Houseace nor the Tradesperson makes any warranties with respect to Supplies. Supplies are warranted, if at all, only by the manufacturer as evidenced by any written license or warranty that is provided in connection with such product. In the event a product is listed at an incorrect price due to mistake, typographical error, or error in pricing information received from suppliers, Houseace shall have the right to refuse or cancel any orders placed for the Supplies listed at the incorrect price whether or not the order has been confirmed or accepted.
Houseace reserves the right to, and you expressly permit Houseace to, take photos and recordings of the work done by Tradespeople and to reproduce and display such photos and recordings online and in marketing materials for the Service and/or Tradespeople (including the right to permit our designees to do the foregoing). You agree to provide Houseace (or its designee) with reasonable access to the Project site for such purpose, and you agree that Houseace may disclose, copy, reproduce, publicly display, publicly perform, transmit, distribute, translate, reformat, incorporate, and otherwise use such photos and recordings, along with your name, voice, likeness and other information, content, or materials embodied therein, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes without compensation to you or anyone else. You hereby acknowledge that you have obtained all necessary rights and authorisations from other individuals and third parties with respect to the foregoing.
Links to third party sites/Third party services
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Houseace and Houseace is not responsible for the contents or privacy policies of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Houseace is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Houseace of the site or any association with its operators.
Certain services made available via the Website are delivered by third party sites and organisations, such as the Home Improvement Services which are provided by third-party Tradespeople and payment processing which are provided by a third-party payment processor. By using any product, service or functionality originating from the Website, you hereby acknowledge and consent that Houseace may share such information and data with any third party with whom Houseace has a contractual relationship to provide the requested product, service or functionality, including sharing your personal information with Tradespeople in connection with soliciting Tradespeople to complete your Project.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable licence to access and use the Website and Service strictly in accordance with these Terms. This license does not include any resale or commercial use of the Website or its contents; any reverse engineering of the Website or Service; any derivative use of the Website or its contents; or any downloading or copying of such information for the benefit of another merchant, user or service. You may not use any automated device, computer program, tool, algorithm, bot or similar process to mine, monitor or systematically scrape or extract data from the Website. Except as otherwise specifically provided elsewhere on this website, redistribution, retransmission, republication or commercial exploitation of the contents of the Website are expressly prohibited without the written consent of Houseace and any copyright owner from whom we have obtained a licence.
As a condition of your use of the Website, you warrant to Houseace that you will not use the Website or Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Site.
All content included as part of the Website and Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of Houseace or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not delete or alter any proprietary rights or attribution notices in any content.
Houseace is pleased to hear from its users, however you agree that we will be free to use, for any purpose whatsoever, any feedback, suggestions, ideas or creative materials you disclose or offer to us (“Feedback”), including via e-mails or telephone calls. Any Feedback is provided on a non-confidential basis with no obligation on our part to keep such information confidential. By uploading or otherwise providing Feedback to Houseace, you hereby grant Houseace, the unlimited, perpetual right to use, reuse, redistribute, modify and create derivative works from Feedback for any purpose and in any media without compensation, including but not limited to publishing, or developing, manufacturing, and marketing products or services using Feedback, and you warrant that all “moral rights” in Feedback have been waived.
Disclaimer of Representations or Warranties
To the maximum extent permitted by applicable law, the website and service are provided “as is.” Houseace does not make any warranty of any kind, whether express or implied, including but not limited to any warranty of non-infringement, fitness for a particular purpose or merchantability to the greatest extent permitted by law. We do not warrant that the service will be error-free to the greatest extent permitted by law. Houseace will not be responsible for any damages or loss that may result from the hacking or infiltration of the Website or Houseace’s computer systems. The information, software, products, and services included in or available through the Website or Service may contain technical inaccuracies, outdated information and typographical errors.
Houseace makes no other representation, warranty, or guaranty as to the reliability, safety, timeliness, quality, suitability or availability of any services, products or supplies obtained by or from third parties, including home improvement services. You acknowledge and agree that the entire risk arising out of your use of the home improvement services or third party supplies remains solely with you, to the greatest extent permitted by law.
Liability Disclaimer and Release
To the greatest extent permitted by law, in no event shall Houseace Group Pty Ltd and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or other damages whatsoever including, without limitation, damages for loss of use, lost profits, personal injury or property damage arising out of or in any way connected with (1) the use or performance of the Website or Service, (2) the delay or inability to use the Website or Service, (3) the provision of or failure to provide Services or Home Improvement Services, (4) any information, software, supplies or services obtained through the Website, (5) any relationship or transaction between you and any third party tradesperson, service provider or entity whose name or advertising appears on the website or is referred by the Service, or (6) otherwise arising out of the use of the Service, Supplies or Home Improvement Services, whether based on contract, tort, negligence, strict liability or otherwise, even if Houseace or any of its suppliers has been given notice of the possibility of damages to the greatest extent permitted at law. If you are dissatisfied with any portion of the service, or with any of these terms, your sole and exclusive remedy is to discontinue using the Service.
You acknowledge that the quality of the Home Improvement Services scheduled through the use of the service is entirely the responsibility of the Tradesperson. Houseace will not be a party to disputes between you and the Tradesperson. Responsibility for the decisions you make regarding Home Improvement Services offered via the tradespeople (with all its implications) rests solely with you, and you expressly waive and release Houseace from any and all liability, claims, causes of action, or damages arising from your use of the website or service, or in any way related to the third parties introduced to you by the Service, including without limitation any liabilities arising in connection with the conduct, act or omission of any tradesperson (including without limitation criminal act) or related to the Home Improvement services.
A general release does not extend to claims which the releasor does not know or suspect to exist, but which are known by the releasee at the time of executing the release.
If, notwithstanding the foregoing exclusions, it is determined that Houseace or its agents, employees, officers or directors or is liable for damages, in no event shall Houseace’s total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) related to the Website, Service, Supplies or Home Improvement Services exceed the greater of (1) $50 or (2) the amount earned by Houseace, if any, in connection with Supplies or Services obtained by you through the Service in the 6 months before the claim arose.
You agree to indemnify, defend and hold harmless Houseace, its officers, directors, employees, agents and suppliers, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees and costs) relating to or arising out of (i) your use of or inability to use the Website or Services, (ii) your violation of any of these Terms or your use or misuse of the Service or Home Improvement Services, (iii) your violation of any rights of a third party including Tradespeople, (iv) your violation of any applicable laws, rules or regulations, or (v) your interactions with Tradespeople or receipt of Home Improvement Services, including all claims against Tradespeople and Dispute Liabilities. Houseace reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Houseace with respect to such defence, including without limitation in asserting any available defences.
Houseace reserves the right, in its sole discretion, to terminate your access to the Website and Service or any portion thereof at any time, without notice. These Terms shall continue to apply for as long as you use the Service, and any provisions contained herein which by their nature or effect are required or intended to be observed after termination will survive termination and remain binding, including the provisions regarding your indemnification obligations, our limitations of liability and the resolution of disputes through arbitration.
Changes to Terms
Houseace reserves the right, in its sole discretion, to change the Terms under which the Website and Service may be used by updating this posting, and your use after such change signifies your acceptance of the changed Terms. The most current version of the Terms will supersede all previous versions. Houseace encourages you to periodically review the Terms to stay informed of our updates.
The Service is controlled, operated and administered by Houseace from our offices within the Australia. If you access the Service from a location outside the Australia, you are responsible for compliance with all local laws. You agree that you will not use the Houseace content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Choice of Law
To the maximum extent permitted by law, this agreement is governed by the laws of the Australia.
Despite any representations concerning privacy, Houseace reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages on the Website may include additional or different terms relating to the use of personal information collected from such areas or pages.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Houseace as a result of these Terms or use of the Service. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.
Houseace’s failure to enforce any part of these Terms will not be considered a waiver. You will not transfer any of your rights or obligations under these Terms to anyone else without Houseace’s consent.
Unless otherwise specified herein, these Terms constitutes the entire agreement between you and Houseace with respect to the Website and Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Houseace with respect thereto. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.
Houseace welcomes your questions or comments regarding these Terms or your Project:
Suite 2201 Level 22 Tower Two Westfield, 101 Grafton St, Bondi Junction NSW 2022
Email Address: help@Houseace.com.au
Home Improvement CONTRACT DETAILS
The name, address and license number of the Tradespeople, as well as a description of the Project and materials to be used and provided, Project Fee and the down payment (or Deposit) are identified in the online proposal that is executed prior to the job commencement.
PAYMENTS: The remaining payments will be charged according to the specified payment schedule. Houseace retains part of the project fees until certain progress milestones are completed satisfactorily. During the complaint period, you have the rights, as provided in the user terms, to make a complaint regarding the services under the Happiness Guarantee. The Tradesperson will not be paid until the expiration of the complaint, period, as provided in the user terms. The Tradesperson does not have any financial or other interest in Houseace.
CANCELLATION OF HOME IMPROVEMENT CONTRACT
If a dispute arises between you and Houseace in relation to the Work Order, the Project or the Home Improvement Contract, the dispute must be dealt with in accordance with these clauses.
You must notify Houseace in writing of the nature of the dispute by sending your complaint to Houseace by email or your message feed. Our email address is available under “Contact Details”. The message feed can be accessed by logging into the Website or app.
Houseace will try to resolve your complaint within seven calendar days. During this period, you agree to negotiate with us in good faith, and take all reasonable steps towards helping us resolve your complaint. If we are not able to resolve your complaint within seven (7) calendar days from the day we receive your complaint either you or Houseace may cancel the Home Improvement Contract.
If the Home Improvement Contract is cancelled by you after taking the steps above, you will still be required to pay for all work completed up to the day of cancellation. However, you will be released from having to pay for any work not yet completed.
If you do not follow the steps above before cancelling the Home Improvement Contract, you will still owe the Project Fee and Houseace reserves its right to claim full payment of the Project Fee from you.
CANCELLATION FOR NONPAYMENT OF PROJECT FEE
Failure to pay the Project Fee by the due date is an essential term of the Home Improvement Contract. If the Project Fee has not been paid by the due date, Houseace may be charged interest in accordance with these terms, may cancel the Home Improvement Contract immediately by notice in writing, or both.
If you have not paid the Project Fee by the due date, Houseace may charge you interest at the rate of seven percent per annum (7% p.a.) on what is unpaid after then.
If Houseace cancels the Home Improvement Contract because you have failed to pay the Project Fee by the due date. Houseace is not breaching or repudiating the Home Improvement Contract. Houseace reserves its right to cancel the Project at any time after the due date whilst the Project Fee remains unpaid.
NOTICE OF CANCELLATION
Right to Cancel: The law requires that the Tradesperson gives you a notice explaining your right to cancel. You acknowledge that notice has been given as part of these User Terms.
The Notice of Cancellation must be sent to Houseace at help@Houseace.com.au
REFUND UPON TERMINATION
If you terminate your project before commencement and are warranted a refund, you will receive a refund transfer on the 30th of the following month. Your refund will be the pro-rated portion of any fees and charges which you have paid in advance.
Commencement of work under the Home Improvement Contract occurs when the Tradesperson begins performance of the Home Improvement Services. The approximate start and completion dates are identified in the Home Improvement Contract.
A notice concerning commercial general liability insurance and worker’s compensation insurance for the Tradesperson is included in the Tradesperson’s profile sent prior to commencement of the job.
Before commencing work under the House Improvement Contract, the Tradesperson shall take out the following insurance policies: (1) an insurance policy to cover his liabilities against any loss of or damage resulting from any cause whatsoever to the Project and all materials and other things that are brought on to the site by or on behalf of the Tradesperson or any of his sub-contractors for the purpose of carrying out the Project; and (2) public liability policy of insurance in relation to the Project cover liabilities to third parties.
The Tradesperson is required to make available a certificates of currency for the insurance policies for the Project before commencing work under the Home Improvement Contract.
NOTE ABOUT EXTRA WORK AND CHANGE ORDERS
Extra work and change orders become part of the Home Improvement Contract once the order is prepared in writing and agreed to by the parties through the Houseace Service prior to the commencement of work covered by the new change order. The order must describe the scope of the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on payments. Tradesperson’s failure to comply with the requirements of this paragraph does not preclude the recovery of compensation for work performed based upon legal or equitable remedies designed to prevent unjust enrichment.
Your Home Improvement Contract comprises the following list of documents incorporated into the Home Improvement Contract: Houseace User terms, Work Order and the Tradesperson profile with license numbers (including insurance information).
These documents are available on the Houseace online project. To print a complete copy of this Contract, agreed to by both you and the Tradesperson, simply click the “Print PDF” button on the project page.