Terms and Conditions

Pool Maintenance and Installation Services

1.0 BINDING AGREEMENT
  1. These Terms and Conditions and Policies listed below apply to any engagement that involves the provision of services, licence of software or sale of items (together referred to as the “Services”) with The Outdoor Hub Group Pty Ltd and subsidiaries (The Outdoor Hub, we, us, our). In engaging us for Services, you are agreeing to the Conditions as set out in this agreement.
  2. Where we have alternate written and signed contract in place with you, in engaging us for Services, you are agreeing to the Conditions as set out in this agreement to the extent they do not directly contradict the terms in the agreement we have with you.
  3. The Outdoor Hub may vary the Conditions from time to time, and the Conditions as varied shall be published on our Website. The purchaser agrees that the ordering of any goods or services after the publication of the variation of the Conditions on the website will be an acceptance by the purchaser of the varied Conditions. For ongoing subscription and licence engagements, the purchaser agrees to the varied Conditions by continued use of the Services.
  4. No variation or cancellation of any of the Conditions shall be binding on The Outdoor Hub unless agreed by a responsible officer of The Outdoor Hub in writing. No agent or representative has the authority to waive or alter the Conditions.
  5. The purchaser or anyone purporting to act on behalf of the purchaser may place orders for goods or services with The Outdoor Hub by telephone, email, in-store, through integration services, online though our Website or in writing.
  6. A quotation is not to be construed as an offer or obligation to sell and The Outdoor Hub reserves the right to decline any order for goods or services (either wholly or partially) at any time prior to the delivery of the goods or services, in which case The Outdoor Hub shall be under no obligation in respect of such order.

2.0 PRECEDENCE
  1. In the event of a conflict between the Conditions and those which may be included in, or implied by, any document forming part of any enquiry, specification, order or contract then the Conditions shall prevail unless they are expressly varied by The Outdoor Hub in writing. 
  2. If any Condition is contrary to or excluded by law then the Conditions shall be modified but only to the extent of excluding that part of the Conditions so affected.

3.0 TERM OF THE AGREEMENT
  1. The Agreement commences on the Commencement Date and will continue for the period indicated on the proposal, or until terminated earlier in accordance with the provisions of these Terms and Conditions, whichever occurs first. 12 month contract terms are valid for 12 months from the date of acceptance.
  2. Engagements for annual and/or ongoing works are represented on a per month basis, unless indicated differently in the quote or description of services.  If no Commencement Date is defined, the agreement will commence on the date of order or receipt of workorder for the property, except where otherwise agreed between the parties.
  3. Notwithstanding the Term, the parties agree that we will continue to provide the Services after the Termination Date, on the basis of a series of rolling monthly terms. Unless a party gives to the other notice in accordance with the Termination clause of these Terms and Conditions.
  4. We may at any time suspend or vary any credit extended to the purchaser or withhold the delivery of goods or services for any property already ordered as The Outdoor Hub in its sole and absolute discretion determines.


4.0 PRICES
  1. All prices are subject to change without notice and orders are accepted by The Outdoor Hub on the condition that they will be invoiced at the prices identified on the proposal or ruling at the date of subscription renewal, service delivery or product dispatch.
  2. For construction, renovation or ad hoc works, we may issue you a quotation. For the convenience of all parties, at times we may provide a quotation based on information provided and may be done without physically inspecting the site. Quotations are provided in good faith based on information available to us at the time, and we therefore reserve the right to update our quotation based on newly acquired information.
  3. We may provide you a quotation on an "indicative", or "Provisional" basis, and is provided for early stage interactions. These documents are used facilitate the ongoing conversation between the parties. No formal engagement will be undertaken on a quotation provided on this basis.  
  4. All prices shown on our websites or otherwise are recommended selling prices only and there is no obligation on the part of any reseller to maintain such prices. A quotation includes only such services and goods as are specified therein.
  5. An owner (or their representative or agent) may engage us to undertake servicing of a managed property, and we may agree to charge certain componants of these costs to the tenant's. In such event, it is the owner's responsibility to provide enough detail to do so. This includes, at a minimum, the tenant's name, email address and mobile phone number. 
  6. In addition to the fees, you agree to reimburse The Outdoor Hub for any out-of-pocket expenses that are incurred by it in undertaking the services to you, where it has been agreed in advance with you.

5.0 TERMS OF PAYMENT
  1. The services provided will be performed in consideration of the client paying the fees as outlined in our quotation or, where we have a formal contract with you, in accordance with the contract schedule. If no quotation or formal contract has been issued, our standard payment terms at the date of service delivery or product dispatch/install will prevail as is shown on the invoice.
  2. We may require you to provide your Credit Card details to be kept on file in our merchant’s encrypted facilities. We do not store this information locally. We may use this information to settle your account with us at any time at our complete discretion. Please tell us if you prefer to make Direct Debit payments so we don’t charge your credit card without first allowing you to manually make payment (on or prior to the payment due date).
  3. Fees or schedule rates are shown GST inclusive unless stated otherwise. GST is payable on any Taxable Supply in accordance with Australian GST legislation. Payment shall be made in Australian Dollars (AUD) unless otherwise agreed in writing between the parties.
  4. Some credit card transactions may incur a 1.75% surcharge as will be outlined on the invoice.
  5. Where The Outdoor Hub has agreed to charge the Tenant of a managed property, and for whatever reason consequently is unable to collect payment from the tenant, the owner's agree to pay The Outdoor Hub any outstanding amounts on behalf of the tenant.  
  6. If the purchaser disputes any charge appearing on an invoice, then the purchaser shall give written notice of such dispute to us immediately upon receipt of invoice and shall pay all other charges not in dispute on the invoice pending an investigation of the dispute.


5.1 Late Payment
  1. The purchaser expressly agrees that if the purchaser fails to pay The Outdoor Hub the invoiced price of any goods and services by the due date for payment, then we:
    1.  may place service delivery on hold until payment has been received. In this event, ongoing contract fees will continue to be invoiced and considered due and payable in accordance with the original contract terms, regardless that no Services have been delivered due to the late payment hold on the account;
    2. shall have the immediate right to bring an action against the purchaser for payment of the invoice price of the said goods and services. This may include charging the Credit Card held on file;
    3.  may refuse to supply any other goods and services to the purchaser;
    4. may limit or remove access to software tools;
    5. may claim the return of any goods in the possession of the purchaser;
    6. reserves the right, at its discretion, to terminate the agreement or renegotiate the agreement;
    7. may withdraw or vary any credit extended to the purchaser without notice to the purchaser;
    8. may without notice make all invoices owing by the purchaser to The Outdoor Hub on any account immediately due and payable;
    9. may impose, at its discretion, late payment administration fees on accounts. Late payment fees are not to exceed the greater of $50 per month after the first 45 days after invoice date, or 8% of the invoice per month after the first 45 days after invoice date.
    10. may oncharge any third party costs associated with collection.
  3. You agree to be bound by all of these terms in any event. In no event will The Outdoor Hub be held liable for any claim, direct or indirect, suffered or incurred by you as a result of such circumstances.

6.0 DELIVERY OF SERVICES
  1. The purchaser acknowledges and agrees that:
    1. The purchaser will provide The Outdoor Hub all information and assistance reasonably required in a timely manner which The Outdoor Hub may require to provide the products or service.
    2. Sites that it requires The Outdoor Hub to visit are fit for purpose – that is:
    3. Access is not restricted by any means (including, but not limited to, unrestrained dogs, locked gates, aggressive tenants).
    4. Sites are generally clean and safe
  3. While The Outdoor Hub manages service delivery within service levels and will make all reasonable attempts to comply with the delivery times committed to you, delivery time is not guaranteed nor is time of the essence of the contract of sale of the goods and services.  The Outdoor Hub will not be liable for any loss or damage of whatsoever nature arising out of a delay in delivery of goods or services.
  4. You understand and agree that you engage The Outdoor Hub to provide you an outcome based product, and that may mean, at times, we need to provide product or complete work required to effectively manage the pool without your prior approval. This may include, for example, replacing the cartridge in a filter or replacing a valve. 
  5. You may request for us to contact you prior to the scheduled delivery of your service. While we will make all reasonable attempts to do so, we cannot guarantee this service. In any event the other clauses of these terms and conditions apply.
  6. If you are on our Basic Plan or a single visit service, you understand that our visit is not guaranteed. If you require guaranteed service delivery timeslot, please choose our Essential Plan.
  7. The delivery period quoted commences from the date The Outdoor Hub receives sufficient information to proceed with the supply or from the date The Outdoor Hub receives the purchaser’s written or electronic order, whichever is the later.
  8. Where the client requests, verbally or in writing, that work outside the scope of work specified in the quotation be performed, a variation form containing cost estimate will be agreed in writing by both parties and the cost incurred will be invoiced separately.

7.0 ​CANCELLATION FEES
  1. Cancellation fees may be applied at The Outdoor Hub’s discretion. Cancellation fees are charged in accordance with the below:
    1. Pool maintenance: the greater of $50, the cost of work completed to date or 75% of the service fee. If the job is cancelled after it has been completed, then the full service fee will be due and payable in accordance with the Conditions
    2. Pool equipment installs / ad hoc services: the greater of $150, the cost of work completed to date or 75% of the service fee. If the job is cancelled after it has been completed, then the full service fee will be due and payable in accordance with the Conditions
    3. Building services / services greater than $3,500: the greater of $500, the cost of work completed to date or 75% of the service fee. If the job is cancelled after it has been completed, then the full service fee will be due and payable in accordance with the Conditions
  3. In any event, you agree to reimburse The Outdoor Hub for any out-of-pocket expenses that are incurred by it in undertaking the services to you.

8.0 INSPECTION OF GOODS
  1. The purchaser has seven (7) days from the date of delivery of the service or goods within which to provide The Outdoor Hub with written noticed of any claim for alleged failure to comply with an order whether due to a shortfall, defect, incorrect delivery or otherwise.
  2. Should the purchaser fail to provide such written notice within the stipulated time period then The Outdoor Hub shall be deemed to have complied the purchaser’s order in all respects including delivery, quality and quantity. 
  3. All goods provided shall be at the risk of the purchaser from the time of installation of the goods by The Outdoor Hub, or on dispatch to the purchaser where The Outdoor Hub is not installing the product, in which case the purchaser shall be solely responsible for insuring the goods in transit

9.0 MAKE GOOD
  1. In certain circumstances (some of which are required by law), we may remove expired, faulty, damaged equipment. 
  2. In these circumstances, while we make reasonable attempts to avoid undue damage, we have no obligation to make good any reasonable damage caused by the removal, re-location or installation of replacement equipment. 
  3. We may make use of tools at our disposal in such circumstances, however to the extent provided by law we are under no obligation to provide or use these.

10.0 WARRANTIES LIMITED
  1. The Outdoor Hub warrants that its Services are performed within the limits prescribed by its clients with the usual thoroughness and competence of the construction / installation profession; in accordance with the standard for professional services at the time those services are rendered. The Outdoor Hub warrants that its staff will be suitably skilled and qualified to provide the Services.
  2. The Outdoor Hub warrants that the services and goods it supplies shall be of good and merchantable quality and its liability shall be limited only to the repair or replacement of any faulty or defective goods.
  3. The Outdoor Hub provides a 2-year workmanship warranty from the date of completion of the service that covers any defects that arise from the workmanship in carrying out the service at the site. It does not cover the equipment or any of its components, including the performance of the equipment (which may be covered by separate manufacturer warranties and under law).
  4. Where the workmanship warranty applies, The Outdoor Hub will either (at its sole discretion):
    1. re-do or repair the service; or
    2. replace any faulty part supplied by us with a comparable new or refurbished part so that the service is no longer defective.
  6. The Outdoor Hub warrants that the standard of equipment we supply as part of our standard offerings comply to the applicable Australian Standards and have the appropriate marks/stickers/notices of such. This equipment typically comes with a product warranty (which varies by brand and product) and is provided directly from the manufacturer. 
  7. To the extent provided by law, The Outdoor Hub is under no obligation to facilitate the provision of any product warranty between the purchaser and the manufacturer. 
  8. In some cases, some suppliers may void warranties if the product has not been installed by a qualified / experienced installer, or the product has not been installed to manufacturer specifications.
  9. We may, from time to time, provide reports of the compliance of properties we maintain for you. While we take reasonable care in the preparation of these reports, we note that the information contained within these reports may be gathered from a range of sources and is based our best understanding at the time of writing.
    1. Where we have inspected a property and provided a maintenance certificate, this status is based on the point in time when the property was last inspected by us and may therefore no longer accurately describe the status of the property at the date the report is presented.
    2. Some information provided in these reports may be based on information provided to us by external parties (e.g. the purchaser’s previous provider, the purchaser themselves) and may not have been validated by us.
  11. Unless specifically required by law, The Outdoor Hub shall not, in any event, be liable either under statute, in equity, in contract or tort (including in negligence) or otherwise for any direct or indirect special consequential or punitive loss or damages (including loss of income, profits or business, loss of goodwill or reputation or loss of value of intellectual property) to persons or property, whether foreseeable or unforeseeable, arising from or caused in any way by such goods or services.

11.0 TERMINATION
  1. Both parties have the right to terminate this agreement at any time, giving the following notice times:
    1. at least 24 hours written or electronic notice for ongoing maintenance services and installs. Please note if you are on a 12 month maintenance plan, you will be charged the 70% of the remainder of the contract term. For Basic service plans, the advance in service fee is not refundable unless at least 30 days notice is provided for termination.
    2. At least 1 weeks’ notice for construction, renovation, or other works.
  3. The client agrees to pay all outstanding invoices, including the final invoice, before the end of the termination notice period. Once termination notice has been received by The Outdoor Hub, we are under no obligation to maintain service delivery in accordance with the contract terms or the Conditions. On termination of the agreement, both parties agree to return all equipment, materials and records which was provided by the other party to deliver the services to the other party.
  4. Any order may, at the discretion of The Outdoor Hub, be terminated in the event of insolvency of the purchaser or the purchaser being placed into administration or liquidation, whether voluntary or otherwise, or of a mortgagee entering into possession of any assets of the purchaser.

12.0 DISPUTE RESOLUTION
  1. If a dispute arises in connection with the Agreement which cannot be settled by the parties within 14 days, the parties must endeavour to settle the dispute by mediation held in
    Brisbane, Queensland (or in such other place as may be agreed by the parties in writing) before having recourse to litigation.
  2. The parties must use their best endeavours to agree on a mediator but failing agreement either party may request the President of the Queensland Law Society to appoint a mediator
    and the mediator will be appointed on the terms specified by that organisation. The parties will bear equally the costs of any mediator appointed.
  3. Nothing in this clause will prevent a party from seeking urgent interlocutory relief before an appropriate court.

13.0 LIABILITIES AND INDEMNITIES
  1. The purchaser and The Outdoor Hub each undertake to indemnify each other from any and all loss, injury or damage caused to third parties and third-party property through its own personnel’s negligence or wilful misconduct provided that such liabilities arise out of the agreement.
  2. To the full extent permitted by law, The Outdoor Hub will not be liable for any special, indirect or consequential loss, damage or injury suffered or incurred by you in connection with the supply of or any failure to supply the Services or the Products.
  3. Notwithstanding the above, neither the client nor The Outdoor Hub shall be liable to the other party or to any other third party for the loss of earnings or profits or other
    consequential damages suffered by such other third party, nor shall either party or any third party be entitled to claim any compensation from the other
    party for each loss or damages.
  4. The client and The Outdoor Hub agree that the use of the results of the work shall be at the user’s sole risk.  The Outdoor Hub is indemnified from any losses incurred as a result of any information related to this document, verbal information or any other document furnished by The Outdoor Hub.  All advice is provided at the liability of the user.
  5. The Outdoor Hub’s maximum cumulative liability related to performance of the work, shall be limited to the contractual compensation paid or payable to The Outdoor Hub by the client for the affected property.
  6. A party will not be liable for any delay or failure to perform its obligations under the Agreement if such delay is due to any cause beyond the reasonable control of the party. If a delay or failure of a party to perform its obligations is due to a cause beyond its reasonable control, the performance of that party’s obligations will be suspended.
  7. Each party shall immediately notify the other party of all incidents, which involve the possibility of any the above clauses being activated.
  8. Nothing in these terms and conditions will exclude, restrict or modify any rights or remedies which you may have under the Competition and Consumer Act 2010 (Cth) or other legislation which under such laws cannot be excluded, restricted or modified by agreement.
  9. No other warranty or representation, either expressed or implied, is included or intended in The Outdoor Hub’s quotations, contracts, or reports.
  10. The Outdoor Hub carries public liability insurance. The Outdoor Hub shall maintain, for the period of the work, accident insurance for its own personnel according to prevailing laws.  Certificates of Currency are available upon request.

14.0 INTELLECTUAL PROPERTY
  1. Neither party, by virtue of this proposal, assigns or otherwise grants the other any rights whatsoever in its intellectual property, know-how or other proprietary rights in connection with the scope of works.

15.0 SOFTWARE LICENCE
  1. The Outdoor Hub may grant the purchaser a licence to use its software as part of the agreement.  The source code of the software is not part of the subject matter of the agreement.
  2. The Outdoor Hub shall hold the exclusive exploitation rights to the information contained in the software. The Outdoor Hub may provide the purchaser a non-exclusive, indefinite right to use the software and the documentation in accordance with the provisions of Australian copyright law.
  3. The purchaser may use the software only for his own internal purposes. Reproduction or decompilation of the software is not permitted as part of this agreement. Any lending, rental, public access, resale, sublicensing, reproduction, presentation, publication or translation of the software and the documentation shall be prohibited.
  4. The purchaser acknowledges that The Outdoor Hub or its agents may, from time to time, update any associated use agreements, including the End User License Agreement, and will comply with these varied agreements, or provide The Outdoor Hub written notice of clauses it does not agree to and refrain from use of the software until an agreement can be reached.
  5. The purchaser shall use the software at their own risk. The Outdoor Hub is under no obligation to provide support for the software, however may choose to do so at its own discretion. The Outdoor Hub or its agents may, from time to time, perform general updates to the software. These updates will be provided free of charge.


16.0 CONFIDENTIALITY
  1. The purchaser and The Outdoor Hub may give information obtained from each other to their subcontractors to the extent necessary for the performance of the work without prior written consent, and in accordance with our Privacy Policy.
  2. We reserve the right to use your contact information to send you additional information, including promotional material, from time to time that we consider may be of interest to you in line with our Privacy Policy.
  3. The parties’ obligations contained in this article shall continue notwithstanding the completion of the performance of the work or termination of the agreement.


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