Terms and Conditions of S&HH Solutions Service Provision
Interpretation: “You” or “Your” or “Customer” means the person or company that engages Us to undertake the Services; “We” or “Our” or “Us” means Safe & Healthy Home Solutions Limited (SHHS)
Pre Condition to Use: Do not book the services we have to offer unless you have read these terms, and accept that they will govern your right to use and access our services. If you choose to use SHHS services then SHHS will regard that use as conclusive evidence of your agreement and acceptance that these terms govern yours and SHHS rights and obligations to each other.
Amendment of Terms: SHHS reserves the right to change these terms and conditions of use at any time and those changes shall take effect in respect of all subsequent uses by you. You should therefore check these terms every time before you agree to use the services made available.
Limitation on SHHS and SHHS Technician Liability: It is an essential pre-condition to you using SHHS services that you agree and accept that SHHS and its network of trained technicians is not legally responsible for any loss or damage you might suffer related to your use of the services SHHS provides access to, whether from errors or omissions in the services you receive or information provided. In short, your use of the services provided is at your own risk.
Access to Third Party Property: You bear the risk that the owner, owner’s agent, owner’s property manager or tenant refuses entry to the property that is to be inspected. In the event access to a property for investigation purposes is denied, a maximum refund of 50% of the appropriate fees will be considered by SHHS and reimbursement will be at SHHS sole discretion. It is recommended that confirmation in writing that an investigation can be carried out, is sought from the owner, owner’s agent, owner’s property manager or tenant prior to booking the investigation of a property by SHHS.
No Guarantees on Cost of Investigation: SHHS will make every effort to deliver its service at rates quoted to you. Our ability to do so is dependent on the quality of information we receive and the extent to which the particulars of a property allow us to deliver an effective service based on the quote we have provided. A significant variable in costs can arise, particularly where the service being provided requires the taking and processing of samples that need to be analysed. We will keep these to as low a level as circumstances and best practice allow.
No Guarantees on Turnaround Time (TAT): Delivery of the SHHS service is often dependent on the performance of third party service providers, over which SHHS has no control. These include but are not limited to courier companies and the laboratories which test the samples we send to them. A failure to perform by one of these parties may impact on the SHHS turnaround time. SHHS will not be responsible for additional charges where the failure of a third party to perform increases the costs of working in order to meet client deadlines and reserves the right to on charge these additional costs and apply additional service charges, where they are incurred in order to meet client service expectations.
Refunds in case of cancellation: Costs are incurred in organising people to undertake investigation of a property. Where cancellations occur, refunds will be made at the sole discretion of SHHS. A refund of up to 50% may be made where notice is provided with at least 1 working days notice of cancellation. No refund will be made where cancellation occurs within 1 working day of the time set for investigation to occur.
Timing of Investigation: SHHS will use its best endeavours to ensure that investigations commence at the property in question within 24 hours of the preferred time you identify. Precise timing will be determined by ability to access the property and availability of technicians to complete the investigation.
SHHS CSI Technician Network: SHHS provides training to individuals in how to undertake investigations of contaminated and potentially contaminated property. Technicians are trained in techniques designed to increase the likelihood that contamination or problematic materials present in a property will be identified. However, no investigation can categorically guarantee that contamination or materials of concern will be found or identified. This may be because efforts may have been made to mask contamination or materials of concern or contamination or materials of concern may be present but below the surface and the investigation is non-invasive. Or the contaminated materials/materials of concern may be hidden our inaccessible. Understanding that these are the limitations of the service SHHS provides, you warrant that you will hold harmless SHHS and its Technician Network from any loss, cost or expense, direct or indirect/consequential, that may arise as a result contamination or materials of concern that are later found at a property where we have undertaken an investigation but where our investigation did not identify the contamination or materials of concern it was targeting.
Provision of Results: target time for the provision of results from tests is as agreed by the parties. The day on which samples are taken is officially day zero. No liability will attach to SHHS in the event that provision of results takes longer. You also agree that in the event the tests identify contamination or materials of concern, SHHS may share these results with other stakeholders in the property.
Links to Other Websites: SHHS has provided on its website links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement or approval or arrangement between SHHS and the owners of those websites. SHHS takes no responsibility for any of the content found on the linked websites. SHHS website may contain information provided by third parties. SHHS accepts no responsibility whatsoever for information or advice provided to you directly by third parties.
Consumer Guarantees Act: For the purposes of the Consumer Guarantees act 1993 liability for any breach of a term of this agreement is limited to:-
- the supplying to you of the services again; or
- the payment of the costs of having the services supplied to you again.
Express Disclaimers: To the fullest extent permitted by law, SHHS absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. SHHS gives no warranty that the services made available will categorically detect contamination or materials of concern that may exist in the property in which the services are provided, or that SHHSs website or its server is free of viruses or any other harmful components. SHHS does not warrant or make any representations regarding the use or the result of the use of any services, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. It is your sole responsibility and not the responsibility of SHHS to bear any entire costs of servicing, repairs, or correction. Applicable law may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you.
Recommendation for next steps: As part of its reporting SHHS may make recommendations for next steps at the property in relation to the services we provide. The wide range of variables and potentially hidden factors which can be associated with environmental contamination and materials of concern, combined with the potential for variable performance of contractors who undertake decontamination/removal work, means there are no guarantees that it will be possible to declare a property fit for re-occupancy after the initial recommendations are declared complete by the contractor employed to undertake the work. SHHS will be held harmless in the event that additional work is required to be completed above and beyond that noted in the reports we provide.
Your Privacy: SHHS respects the privacy and confidentiality of the information provided by you and adheres to the national privacy principles established pursuant to the Privacy Act 1993.
Use of Your Information: SHHS does not sell or deal in personal or customer information. SHHS may however use in a general sense without any reference to your name, your information to create marketing, marketing statistics, identify user demands and to assist it in meeting customer needs generally. SHHS may use the information that you provide to improve its website, the services it offers generally and the services it makes available to you that improve the safety, health and security of your home and/or investments.
Disclosure of information: SHHS may disclose information in good faith and where SHHS is required to do so:-
- by law or by any court;
- to enforce the terms of any of our customer agreements;
- to protect the rights, property or health and safety of SHHS, its customers or third parties; or
- to banks or financial institutions with the purpose of preventing fraud and as proof of any transaction.
Jurisdiction: This agreement and this website are subject to the laws of New Zealand. If there is a dispute between you and SHHS that results in litigation then you submit to the jurisdiction of the courts of New Zealand.
Exclusion of Competitors: If you are in the business of environmental testing or provision of security services, whether they be business users or domestic users then you are a competitor of SHHS. SHHS expressly excludes and does not permit you to use or access its website, to access any contaminated site investigation services or information from its website or obtain any such services or information through a third party. If you breach this term then SHHS will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. SHHS reserves the right to exclude and not permit any person from using its website or any of the services provided through and/or information contained on it.
Copyright and Restriction of Use: SHHS expressly reserves all copyright in its website and in all documents and information on its website.
Trademarks and Restriction of Use: You are not permitted to use any trademarks, trade names, graphics or designs that are on SHHSs website. If you breach SHHSs trademarks then SHHS reserve the right to take action against you.
Whole Agreement: These terms and conditions represent the whole agreement between you and SHHS concerning your use and access to the services made available we provide. No other term is to be included in this agreement except where it is required to be included by any legislation or law of New Zealand. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
Exclusion of Unenforceable Terms: Where any clause or term above would by any applicable statute be illegal, void, or unenforceable then such a clause shall not apply and shall be deemed never to have been included in these terms and conditions. The deemed excision of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
Payment: Payment for services is due at the time the services are booked, unless prior arrangements have been made with SHHS. If the payment for SHHS services is by credit or debit card and payment is not received by SHHS from the card issuer or its agents, you agree to pay all amounts due upon demand by SHHS including applicable administration charges. Goods and Services Tax and any and all other taxes and duties that may be applicable in relation to the Services shall be paid by You to Us with our fees and at the time of supply. If the Customer defaults in payment of any amount due to Us, without prejudice to any of Our other rights and remedies, the Customer must pay to Us interest on the unpaid amount at the rate of 1.5% per month (or part thereof) computed on a daily basis from the date on which such amount should have been paid until the date of actual payment (including after any judgment), compounding monthly. The Customer shall pay Us all costs, expenses and charges that are incurred by Us in enforcing or attempting to enforce any of our rights against the Customer including all debt collection and legal expenses (on a solicitor and client basis).
