TERMS & CONDITIONS

1. Interpretation
1.1 In these conditions: “Client” the person, firm, company or organisation for whom Lean On Me
Concierge (“LOMC”) has agreed to provide the Services in accordance with these conditions;
“Agreement” the Agreement for the provision of Services which shall be governed by these
conditions; “Services” means the Services to be provided by LOMC to or for the Client; “Fee” means
the fee payable by the Client to LOMC as notified by LOMC .
1.2 LOMC shall be entitled to alter and vary these conditions from time to time on reasonable
written notice to the Client without any liability to the Client.
1.3 Telephone calls between LOMC and the Client will not be recorded.
2. Supply of the Services
2.1 LOMC shall provide the Services to the Client subject to these Conditions or such other
conditions as may be agreed in writing between LOMC and the Client.
2.2 Our response time may vary depending upon the service you have requested.
2.3 The service permits the Client to request from LOMC any information or suggestions in
relation to any personal needs or desires of the Client (including events, activities, venues, goods and
Services). LOMC reserves the right to refuse to supply Services if, in the opinion of LOMC , the
Services are to be used by the Client for any immoral or unlawful purpose. LOMC ‘s information and
suggestions will be based upon the specific criteria provided to LOMC by the Client.
2.4 LOMC shall inform the Client from time to time of the type and nature of requests with
which LOMC are accustomed to or capable of dealing but shall not be liable to the Client in the event
that a request made of LOMC not capable of fulfillment by them.
2.5 LOMC shall, within an agreed reasonable period of time, use all its reasonable endeavours to
Information Classification: Internal
provide information and suggestions in response to the Clients requests. If LOMC is unable to deal
with any requests, it will inform the Client as soon as reasonably possible.
2.6 If the Client is not satisfied with the services provided by LOMC, the Client must
advise LOMC at the completion of the service (or within 2 hours of completion of the service) in
order to receive a refund of charges. The Client must demonstrate why the service is considered
unsatisfactory. Refunds will be provided at LOMC’s discretion.
2.7 Service means any task or request suggested by a client subject to the Conditions set out in
this agreement
2.8 Fees for services are set out in Section 3.
2.9 Unused hours will not be rolled over into the next week.
2.10 All subscriptions will have a minimum term of 4 weeks months, and will continue on a 4
weekly basis until otherwise instructed by the Client.
3. Fees
3.1 Subscriptions are paid in advance by the Client’s nominated payment method.
3.2 Clients may cancel this service at any time. If cancellation takes place within the first 4 weeks,
no refund for the unused portion of time will be refunded.
3.3 Travel Time – LOMC reserves the right to charge Clients for travel time.
3.4 Before commencing works, credit card details are to be provided as security over
all LOMC fees and third party fees.
3.5 Services provided by a third party supplier will be charged separately to our Fees.
3.6 A Service Fee of 2% inclusive of GST is payable on any third party supplier invoices that are
paid by LOMC on behalf of Clients. This fee is to compensate LOMC for all merchant fees, bank
transaction fees and administration fees associated with the settlement of third party invoices.
3.7 Any additional sum due shall be paid by the Client (without any set off, counterclaim or other
deduction) on the day of service via Credit Card, Cash or Direct Deposit.
3.8 A late payment penalty of 5% of the total invoiced fee will be payable to LOMC should
payments not be received by LOMC within Seven (7) days after the due date billed.
3.9 LOMC shall be entitled to vary the Fees from time to time on written notice to the Client.
4. Client’s Responsibilities
4.1 Services provided by LOMC are intended solely for the Client’s use. The Client must not use
these services for any improper, unethical, or unlawful purpose, or for any purpose other than that
disclosed to LOMC at the time of the initial request.
4.2 The Client shall immediately inform LOMC of the identity of any third party with whom the
Client enters into a Contract or arrangement for sale of goods or supply of Services that involve
LOMC delivering services. LOMC reserves the right to decline to provide services to any such third
party at its discretion and without providing a reason.
4.3 Where LOMC recommends a third-party supplier but is not engaged to manage or oversee
the services provided, the Client is responsible for assessing the supplier’s quality, value, and
suitability using their own judgment.
4.4 The Client has the right to terminate Services of a third party supplier suggested by LOMC ,
however any Fees incurred by LOMC in the co-ordination of that Service, or Fees incurred by the
third party supplier to the point of termination will be payable by the Client.
5 Liability
5.1 LOMC shall use all of its reasonable endeavours to provide the Services using reasonable care
and skill and, as far as reasonably possible, in accordance with the Clients requests and instructions.
Information Classification: Internal
5.2 LOMC carries Civil Liability Professional Indemnity Insurance and Broadform Public Liability
Insurance. A Certificate of Currency can be provided upon request.
5.3 Where LOMC supply the Client with any goods or Services provided by a third
party, LOMC does not give any warranty, guarantee, representation or other terms as to the quality,
fitness for purpose or otherwise of the goods or services. The Client shall be required to seek
compensation for any loss or damage suffered from such third party direct.
5.4 LOMC shall have no liability to the Client for any loss, damage, costs, expenses or other claims
for compensation arising from requests or instructions supplied by the Client which are incomplete,
incorrect or inaccurate or arising from their late arrival or non arrival, or any other fault of the Client.
5.5 LOMC shall not be liable or be deemed to be in breach of the Agreement by reason of any
delay in performing, or any failure, any of LOMC ‘s obligations in relation to the Services, if the delay
or failure was due to any cause beyond LOMC’s reasonable control.
6 General
6.1 These conditions (together with any other terms and conditions agreed in writing
between LOMC and the Clients) constitute the entire Agreement between the parties, super cede
any previous Agreement or understanding and may not be varied except on notice from LOMC . All
other terms and conditions express or implied by a statute or otherwise are excluded to the fullest
extents permitted by Law.
6.2 Any notice required or permitted to be given by either party to the other under these
conditions shall be in writing addressed to the other party at its registered office, principal place of
business or residential address (as the case may be). Notices may be sent by email and will be
deemed to have been received 48 hours after being sent.
6.3 No failure or delay by LOMC in exercising any right under this Agreement will operate as a
waiver of that right. Any waiver by LOMC of a breach by the Client will apply only to that specific
instance and will not be deemed a waiver of any subsequent breach of the same or any other
provision.
6.4 If any provision of these conditions is held by any competent authority to be invalid or
unenforceable in whole or in parts, the validity of the other provisions of these conditions will still
stand.
6.5 These conditions and the Agreement to which they relate shall be governed and construed in
accordance with Australian Law.