Terms of Service
1. DEFINITIONS
1.1 ‘Bug King’ means Bug King Limited trading as Chimney King and shall include its agents, directors and employees.
1.2 ‘Customer’ means the Customer, any person acting on behalf of and with the authority of the Customer, or any person being supplied with Services by Bug King.
1.3 ‘Services’ shall mean all services, documentation, data and advice provided by Bug King to the Customer.
1.4 ‘Price’ shall mean the cost of the Services as agreed between Bug King and the Customer and shall includes all disbursements.
2. ACCEPTANCE
2.1 Any instructions received by Bug King from the Customer for the supply of Services shall constitute a binding contract and acceptance of the terms and conditions contained herein.
2.2 If Bug King is unable to provide the Services to the Customer on the agreed date due to the Customer not being ready or available and the Customer has failed to give Bug King reasonable prior notice of such unavailability, then the Customer will pay Bug King a call out fee of $100.00 plus GST.
3. CANCELLATIONS
3.1 Cancellation of a booking on the day of appointment will incur a $195.50 booking fee.
3.2 Cancellation of a booking made the day prior to appointment but within 24 hours will incur a $97.75 booking fee.
3.3 Cancellations made with more than 24 hours notice incur a 5% booking fee.
4. COLLECTION AND USE OF INFORMATION
4.1 The Customer authorises Bug King to collect, retain and use any information about the Customer, for the purpose of assessing the Customer’s credit worthiness, enforcing any rights under this contract, or marketing any Services provided by Bug King to any other party.
4.2 The Customer authorises Bug King to disclose any information obtained to any person for the purposes set out in clause 3.1.
4.3 Where the Customer is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.
5. PRICE
5.1 Where no price is stated in writing or agreed to orally the Services shall be deemed to be supplied at the current amount as such Services are supplied by Bug King at the time of the contract.
5.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the Services that is beyond the control of Bug King between the date of the contract and supply of the Services.
6. PAYMENT
6.1 Payment for Services shall be made in full on the date of invoice (the due date) unless otherwise agreed.
6.2 Interest may be charged on any amount owing after the due date at the rate of 5% per annum above Bug King’s bank’s commercial overdraft interest rate.
6.3 Any expenses (including debt collection agency fees), disbursements and legal costs (including legal costs on a solicitor-client basis) incurred by Bug King in the enforcement of any rights contained in this contract shall be paid by the Customer.
6.4 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
6.5 A deposit may be required.
6.6 The Customer shall not be entitled to the benefit of any express guarantee or warranty provided by Bug King to the Customer (if any) until all amounts owing to Bug King by the Customer are paid in full.
7. QUOTATION
7.1 Where a quotation is given by Bug King for Services:
7.1.1 Unless otherwise agreed the quotation shall be valid for thirty (30) days from the date of issue; and
7.1.2 The quotation shall be exclusive of goods and services tax unless specifically stated to the contrary;
7.1.3 Bug King reserve the right to alter the quotation because of circumstances beyond its control.
7.2 Where Services are required in addition to the quotation the Customer agrees to pay for the additional cost of such Services.
8. DISPUTES
8.1 Any claim relating to Services must be made within fourteen (14) days of completion of the Services.
9. LIABILITY
9.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Bug King which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Bug King, Bug King‘s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
9.2 Except as otherwise provided by clause 8.1 Bug King shall not be liable for:
9.2.1 Any loss or damage of any kind whatsoever, arising from the supply of Services by Bug King to the Customer, including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Services provided by Bug King to the Customer; and
9.2.2 The Customer shall indemnify Bug King against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Bug King or otherwise, brought by any person in connection with any matter, act, omission, or error by Bug King its agents or employees in connection with the Services.
9.2.3 If contrary to the disclaimer or liability contained in these terms and conditions of trade Bug King is deemed liable to the Customer, following and arising from the supply of Services by Bug King to the Customer, then such liability is limited in its aggregate to $500.
10. COPYRIGHT AND INTELLECTUAL PROPERTY
10.1 Bug King, owns and has copyright in all work, software, systems, solutions and documents produced by Bug King in connection with the Services provided pursuant to this contract and the Customer may use the Services only if paid for in full and for the purpose for which they were intended and supplied by Bug King.
11. CONSUMER GUARANTEES ACT
11.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Services from Bug King for the purposes of a business in terms of section 2 and 43 of that Act.
12. PERSONAL GUARANTEE OF COMPANY DIRECTORS OR TRUSTEES
12.1 If the Customer is a company or trust, the director(s) or trustee(s) signing this contract, in consideration for Bug King agreeing to supply Services and grant credit to the Customer at their request, also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to Bug King the payment of any and all monies now or hereafter owed by the Customer to Bug King and indemnify Bug King against non-payment by the Customer. Any personal liability of a signatory hereto shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in this contract. The signatories and Customer shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due hereunder.
13. MISCELLANEOUS
13.1 Bug King shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
13.2 Failure by Bug King to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Bug King has under this contract.
13.3 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability
14. Refer a Friend Offer
14.1 Refer a Friend offer is only valid if referring new customers, it does not apply to existing or previous Bug King customers.
14.2 Friend making the booking must mention the offer at time of booking or prior to treatment being completed. No credits shall be applied after the date of service being completed.
14.3 Credit will be loaded against your name once your friends treatment has been completed and paid for in full, you can use this credit towards your next treatment.
14.4 Credit is valid for 12 months and is not redeemable for cash.
14.5 You must mention at time of booking you wish to use your credit.