What are these terms about?

These terms apply when you use this website, www.seqsparky.com.au and any other websites we operate with the same domain name and a different extension (Website).

These terms also apply when you buy fixed fee electrician services (Job) through this Website.

If you are looking for our Privacy Policy, which we will comply with and you also agree to be bound by.

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

• When an unknown printer took a galley of type and scrambled
• Terms for when you buy a Job (applies when you buy)
• Terms for when you browse and interact with this Website (applies when you browse)
• Liability and warranties, and interpretation provisions (applies to both buying and browsing)

Please let us know if you have any questions about these terms, and please do not continue using this Website or purchase any of our Services unless you have read and agree to these terms.

We have also used a few capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

I have returned to your Website; do I need to read these terms again?

When you submit an Order, the terms of Part A accepted at that point in time and will apply to your purchase of that Job. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or buy a Job. You can check the date at the top of this page to see when we last updated these terms.

Part A

FOR WHEN YOU BUY OUR SERVICES…

• JOB DESCIRPTIONS

  • Please ensure to carefully read the description for a Job before you submit an order to buy a Job using the Website’s functionality (Order).
  • Only the services and items specifically detailed in a Job’s description as well as any materials that are directly and immediately necessary (for example wiring or cabling) to complete the Job are included as part of a Job.

• SUBMITTING AN ORDER

  • By submitting an Order, you acknowledge and agree that:
    • you have the legal capacity and are of sufficient age to enter a binding contract with us; and
    • you are authorised to use the debit or credit card you provide with your Order.
  • Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Services you have ordered in exchange for your payment of the total amount listed upon checkout.
  • Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us that your Order has been confirmed.

WORK BEFORE PERFORMING A JOB

• If we determine that additional work is reasonably necessary before a Job can be performed, we will provide you with a quote for this additional work (Pre-Job Quote).
• If you agree to the Pre-Job Quote, we will, if possible, start the additional work immediately and after finishing the additional work, we will perform the Job.
• If the additional work cannot start immediately, we will reschedule a time with you to perform the additional work and the Job.
• If you do not agree to the Pre Job Quote we will not perform the Job and you will be refunded the amount you have paid for the Job minus the full call out fee (before any discount).
• If your Order includes multiple Jobs, only those Jobs that require additional work will apply, all other Jobs will be performed.

INCORRECT JOB

• If we determine that a Job you have bought is not correct, appropriate, applicable, or relevant for the works that you require you may choose to:
  • buy the correct Job; or
  • cancel the Job.
• If you choose to buy the correct Job, then we will apply the amount you have paid for the incorrect job towards the correct Job and if:
  • the price for the correct job is greater than the incorrect job, you acknowledge and agree to pay for any difference; or
  • the price for the correct job is less than the incorrect job, we will refund you the difference.
• If you choose to cancel the Job, we will refund the amount you have paid for the Job:
  • minus the full call out fee (before any discount); and
  • the cost any items included as part of the Job.
• If your Order includes multiple Jobs, only those Jobs that are not correct, appropriate, applicable, or relevant for the works that you require will apply, all other Jobs will be performed.

WORK AFTER PERFORMING A JOB

• If we determine that additional work is reasonably necessary after a Job has been performed, we will provide you with a quote for this additional work (Post Job Quote).
• The Post Job Quote will be provided to you on our standard quote form which includes additional terms and conditions applicable for this additional work.
• If you agree to the Post Job Quote, we will, if possible, start the additional work immediately after finishing the Job.
• If the additional work cannot start immediately, we will reschedule a time with you to perform the Job and the additional work.
• If you do not agree to the Post Job Quote, we may choose to:
  • not perform the Job; or
  • perform the Job.
• If we choose not to perform the Job you will be refunded the amount you have paid for the Job minus the full call out fee (before any discount).
• If we choose to perform the Job, to the maximum extent permitted by applicable law, you acknowledge and agree that all risks, including any loss or damage to property or injury to persons that may arise out of or in connection with you choosing not to perform the additional work is your responsibility. You acknowledge and agree that we have advised you of the potential risks and you have chosen not to perform the additional work despite such risks.
• If your Order includes multiple Jobs, only those Jobs that require additional work will apply, all other Jobs will be performed.

ITEMS INCLUDED AS PART OF JOB

• We will endeavour to ensure that any items to be provided as part of a Job will be substantially the same as the items displayed on our Website. Please note that due to screen display, colour and brightness, and image quality, these items may not exactly match the image on our Website.
• All items are to be used in accordance with the manufacturer’s instructions, (if applicable) our instructions and as the items was intended to be used.

PAYMENT

• All prices are:
  • per Job (except where indicated).
  • in Australian Dollars; and
  • subject to change prior to you completing an Order without notice.
• (Payment obligations) Unless otherwise agreed in writing, you must pay for all Jobs and associated fees at the time of submitting an Order.
• (GST) Unless otherwise indicated, amounts stated on the Website include GST.
• (Card surcharges) We reserve the right to charge credit card surcharges if payments are made using a credit, debit, or charge card (including Visa, MasterCard or American Express).
• (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Services (currently Stripe and PayPal). The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
• (Pricing errors) If we discover an error or inaccuracy in the price at which your Order was purchased, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your Order at the correct price or cancelling your Order. If you choose to cancel your Order and payment has already been debited, the full amount will be credited back to your original method of payment.

DATE AND TIME

Any times provided for an Order are estimates only. Due to various reasons (for example, weather or unavailability of any items included as part of a Job) we may need to change the times for an Order. We will endeavour to notify you as soon as possible if any times need to be changed. We will not be liable for any loss (including consequential loss) or damage resulting from any delay in the performance of a Job.

• CANCELLATION AND RESCHEDULING

  • (Cancellation by us) We reserve the right to cancel your Order at any time and for any reason and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
  • (Cancellation by you) You may cancel your Order up to 48 hours prior to the time for your Order. If you:
    • cancel your Order 48 hours prior to the time for your Order, we will refund you full the amount you have paid for the Order; or
    • cancel your Order less than 48 hours prior to the time for your Order, we will refund you full the amount you have paid for the Order minus the full call out fee (before any discount).
  • (Rescheduling by you) You may reschedule your Order up to 48 hours prior to the time for your order. If you reschedule your Order less than 48 hours prior to the time for your Order, you will be charged the full call out fee (before any discount) in addition to what you have already paid for your Order.
  • (Change of mind returns) We do not offer change of mind returns.

• CONTRACTORS

We may subcontract any part of performing any services included as part of a Job without further notice to or permission from you.

• BUILDING
  • We will perform a Job with due care and skill. However, to the maximum extent permitted by applicable law, we will not be liable for:
    • the structural integrity of any wall, ceiling, or any other part of the building (Building) for which a Job is being performed.
    • the effect of any installation of any items has on the Building; and
    • any damage to the Building including damage to walls, ceiling, roofing (including tiles), internal or external flooring, appliances or any items in the Building which is not directly due to an omission by us or our negligence.
  • If, for any reason (for example, the discovery of asbestos or dangerous access), we determine the Building is not safe for performing a Job we may suspend the Job until we are satisfied that it is safe for the Job to proceed. If we are unable to perform the Job within a reasonable time, we may charge an additional call out fee if we need to return at another time.
• LIMITED WARRANTY
  • (Warranty on services) Any services included as part of a Job will have the benefit of a 24-month warranty from the date the Job is completed.
  • If you believe there is a problem, issue, or fault (fault) with any of our services included as part of a Job, subject to our inspection, we will, at our choice and at our cost:
    • repair the fault; or
    • supply the services again.
  • This warranty on services does not apply for:
    • maintenance services; or
    • a fault caused by:
      • negligent, accidental, or deliberate misuse.
      • unauthorised repairs or modifications.
      • liquid penetration.
      • electrical interferences, power surges, voltage fluctuations or lightning.
      • vermin, pests, or insects.
      • rust or corrosion; or
      • abnormal or excessive usage.

(Making a claim) You must notify us in writing of any claim for a warranty on services within the warranty period. Please notify us by email at admin@seqsparky.com.au

You are responsible for all costs associated with making a claim for a warranty on services.

• (Warranty on goods/manufacturer’s warranty) All items included as part of a Job will only have the benefit of warranty given, and insurance held, by the manufacturer.
• AUSTRALIAN CONSUMER LAW
  • Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
    • to cancel your service contract with us; and
    • to a refund for the unused portion, or to compensation for its reduced value.
  • You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Part B

FOR WHEN YOU BROWSE THIS WEBSITE…

You agree to only use the Website in accordance with these terms and any applicable laws.

• YOUR OBLIGATIONS

You must not:

• copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher, or decompile any part or aspect of the Website.
• use the Website for any purpose other than the purposes of browsing, selecting, or purchasing Jobs.
• use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity.
• use, or attempt to use, the Website in a manner that may interfere with, disrupt, or create undue burden on the Website or the servers or networks that host the Website.
• use the Website with the assistance of any automated scripting tool or software.
• act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website; and
• attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
  • gaining unauthorised access to Website accounts or data.
  • scanning, probing, or testing the Website for security vulnerabilities.
  • overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
  • instigate or participate in a denial-of-service attack against the Website.
    • the Website will be free from errors or defects (or both, as the case may be).
    • the Website will be accessible at all times.
    • messages sent through the Website will be delivered promptly or delivered at all.
    • information you receive or supply through the Website will be secure or confidential; and

INFORMATION ON THE WEBSITE

• While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
  • the Website will be free from errors or defects (or both, as the case may be).
  • he Website will be accessible at all times.
  • messages sent through the Website will be delivered promptly or delivered at all.
  • information you receive or supply through the Website will be secure or confidential; and
  • any information provided including in relation to any Jobs through the Website is accurate or true.
• We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including Product descriptions, prices, and other Website Content (defined below).

INTELLECTUAL PROPERTY

• We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings and pricing) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by us not expressly granted to you.
• You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify, or publish the Website or any Website Content.
• In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

THIRD PARTY TERMS AND CONDITIONS

• You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
• You agree to any Third-Party Terms applicable to any third-party goods and services, and we will not be liable for any loss or damage suffered by you in connection with such Third-Party Terms.

LINKS TO OTHER WEBSITES

• The Website may contain links to other websites. We have no control over the content of any linked websites, and we are not responsible for that content.
• Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

THIRD PARTY PLATFORM

• This Website is powered by a third-party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you.
• To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in submitting Orders.

SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

• REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us using the contact details or form provided on our Website.

Part C

LIABILITY AND OTHER LEGAL TERMS…

• LIABILITY AND INDEMNITY

  • (Limitation of liability) To the maximum extent permitted by applicable law, the maximum aggregate liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from, in connection to or relating in any way to this Website, these terms or any Job (including any services and items included as part of a Job) performed by us is limited to $100 AUD.
  • (Indemnity) You indemnify us, our employees, officers, contractors and agents from and against all liability for loss, damage or injury which is or may be suffered by any person arising from, in connection to or resulting from your or your representatives’:
    • breach of any of these terms.
    • use of the Website; or
    • use of any goods or services provided by us.
  • (Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising from, in connection to or relating to this Website, these terms or any Job (including any services and items included as part of a Job) performed by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)) or any other applicable law.

• AUSTRALIAN CONSUMER LAW

  • Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
    • to cancel your service contract with us; and
    • to a refund for the unused portion, or to compensation for its reduced value.
  • You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

• DISPUTE RESOLUTION

  • A party claiming that a dispute has arisen under or in connection with these terms agrees not to commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
• A party that requires resolution of a dispute which arises under or in connection with these terms agrees to give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
• Once the dispute notice has been given, each party to the dispute agrees to then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

• NOTICES

  • A notice or other communication to a party under these terms must be:
    • in writing and in English; and
    • delivered via email to the other party, (in our case) to our contact email on our Website and (in your case) to the email provided to us on your Order, or if no email is available, to the email used by you to correspond with us (Email Address).
  • Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
  • 24 hours after the email was sent; or
  • when replied to by the other party,

whichever is earlier.

• GENERAL

  • (Governing law and jurisdiction) These terms are governed by the law applying in New South Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
  • (Waiver) No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
  • (Severance) Any provision of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
  • (Joint and several liability) An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
  • (Assignment) you cannot assign, novate, or otherwise transfer any of your rights or obligations under these terms without our prior written consent.
  • (Entire agreement) These terms embody the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
  • (Interpretation)
    • (singular and plural) words in the singular includes the plural (and vice versa).
    • (currency) a reference to $; or “dollar” is to Australian currency.
    • (gender) words indicating a gender includes the corresponding words of any other gender.
    • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning.
    • (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
    • (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee.
    • (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
    • (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time.
    • (headings) headings and words in bold type are for convenience only and do not affect interpretation.
    • (includes) the word “includes” and similar words in any form is not a word of limitation; and
    • (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.