Terms and Conditions | Brisbane

All Services supplied to the You by The Window Boyz are supplied on the following terms and conditions which shall apply to and form part of any contract for the supply or performance of Services by The Window Boyz to You.

Definitions
1. “Agreement” means these Terms and Conditions.
2. We" or "our" refers to The Window Boyz Pty Ltd.
3. "You", "your" or "the client" refers to the customer receiving the service(s).
4. “Agreement” means this Agreement;
5. “Parties” means the Client and The Window Boyz.
6. “Job” or “Jobs” means each task or tasks allocated to The Window Boyz by the Client whether by accepting a quote, placing a purchase order, placing a work order, email, other written notification or verbal instruction.
7. “Services” means the services provided by The Window Boyz to the Client in furtherance of or peripheral to the completion of a Job.
8. “Site” means the location you have designated as the site for The Window Boyz to attend and deliver or perform the Services.
Legally Binding Agreement:
1. By accepting a quote from The Window Boyz Pty Ltd, You agree:
  1. to be immediately bound, jointly and severally, by the terms and conditions of this Agreement.
  2. that in the event that You breach any term of this Agreement, all funds paid by You to The Window Boyz shall be non-refundable.
  3. that in the event of any inconsistency between this Agreement and any other prior representation or document that the parties have entered into, the terms of this Agreement shall prevail.
  4. that any amendment to the terms and conditions contained in this Agreement must be made in writing with the consent of both Parties.
Warranties:
1. Except as provided in the terms of this Agreement, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the services provided by The Window Boyz for any purpose are expressly excluded to the maximum extent permitted by law. The liability of The Window Boyz shall be limited to the reasonable cost of rectifying defects in the Services provided.
Site Access and Use of Utilities on Site:
1. It is the Client’s responsibility to make sure the The Window Boyz can safely access the Site. Delays or additional charges may apply if The Window Boyz send staff to the Site and are unable to perform or deliver the Services due to factors including but not limited to locked gates, doors, other obstructions or the presence of unrestrained pets. The Window Boyz will not clean any areas considered by the Window Boyz, in their sole discretion, to be unsafe or inaccessible.
2. You agree to provide The Window Boyz with access to and the right to use an on-site water supply as needed to complete the Job or Jobs without compensation. If an exterior water supply is required, it will incur additional charges. It is the Client’s responsibility to make sure the water supply is on and in working order before The Window Boyz arrive. Delays or additional charges may apply if an on-site water supply is not available.
3. You agree to provide The Window Boyz, the with access to and the right to use an on-site source of electricity as needed to complete the stated Job or Jobs without compensation. If an exterior source is required it will incur additional charges. It is the Client’s responsibility to make sure the electricity supply is on and in working order before The Window Boyz arrive. Delays or additional charges may apply if an on-site electricity supply is not available.
4. While The Window Boyz Pty Ltd, present at the Site and performing the Services, you are responsible for keeping all children and pets, as well as other individuals away from the work area. Children and pets must be kept away from work surfaces for at least 24 hours after work is completed. The Window Boyz will not re-attend Your property to re-clean work areas which have been exposed to pets or interference within 24 hours of a Jobs completion.
Scheduling and Delays:
1. The Window Boyz may postpone a Job at any time by providing you with written notice of the anticipated delay and proposing a new date and time for delivery or performance of the Services.
2. In the event that you need to postpone a scheduled job, You must provide The Window Boyz with at least 24 hours notice. Jobs postponed by the Client with less than 24 hours notice will incur a fee equivalent to 50% of the quoted price for the postponed Job.
3. Where a delay in the performance or delivery of Services by The Window Boyz is due to the Client failing to grant appropriate access to the worksite, water or electricity in accordance with Clause 4 or arises as a result of any occurrence reasonably beyond The Window Boyz control (including but not limited to rain, storms or tempest), The Window Boyz shall not be in breach of this Agreement and The Window Boyz shall not be liable to the Client for any costs or damages incurred as a result of the delays.
4. In the event that the Window Boyz are only able to access part of the Site or perform or deliver all Jobs due to the Client’s failure to comply with Clause 4 the Window Boyz reserves the right to charge the full price quoted for the Job.
Payments:
1. Time for payment shall be of the essence of this Agreement.
2. Unless otherwise agreed in writing the fees charged for the Services shall be exclusive of any transaction tax goods and services tax as well as any new transaction taxes which come into existence after the date of this Agreement.
3. All payments are due and payable upon completion of the Job unless otherwise agreed upon in writing by the Parties. Late payments shall incur interest at a rate of 9.07% per annum.
4. Should the Client fail to pay any amount to the Window Boyz when due the Window Boyz shall be entitled to cease all work for that Client until payment is received.
5. The Client agrees to pay any cost incurred by The Window Boyz in seeking the recovery of debts owed under this Agreement.
Termination
1. Contracts for ongoing periodic Services to be delivered by The Window Boyz may be terminated by written notice to The Window Boyz provided:
  1. at least 7 days prior to the next scheduled Job for residential properties; or
  2. at least 28 days prior to the next scheduled Job for non-residential properties.
2. If the Client terminates a scheduled Job but does not comply with Clause 7.1 the Client must pay to The Window Boyz the full price quoted for the next scheduled Job.
Conditions Effecting Service Delivery
1. Window Cleaning: Window cleaning services will only be carried out on vertical windows unless otherwise agreed. All windows must be closed before cleaning, you acknowledge that any open windows which cannot be closed will not be cleaned. Exterior glass surfaces will be cleaned with pure water. You acknowledge that windows cleaned with pure water for the first time may require two or three washes before chemical residue left by traditional cleaning methods, leaching of ingrained dirt from frames and other areas is remedied. External windows will be allowed to dry naturally. Internal glass surfaces will be cleaned using traditional methods. You acknowledge and agree that a surcharge will become payable where the Window Boyz are required to clean windows, determined in The Window Boyz absolute discretion, to be exceptionally dirty.
Removal & Replacement of your House and Land Contents: Removal and replacement of grills, deck furniture, planters and any other items are the responsibility of the Client. Should We need to remove items from the outside area, We will not be responsible for any damage, breakage or storage issues. An additional charge may be applied for time and labour devoted to the removal of these items.
Colour and Tone Concerns: The properties and species of wood, Colourbond, brick age and weather can greatly affect the resulting colour or tone of the stain. You acknowledge that variances may occur on individual surfaces or sections of your property as densities and other characteristics vary across different materials or materials exposed to different conditions. The Window Boyz and its associates attempt to represent the final finish colour and tones as best as possible. While we can often give you an idea of the overall colour or tone you accept there will be variance in the overall finish.
Improper Installations or Wear and Tear: It is the responsibility of the Client to ensure that all items to be cleaned are structurally sounds and watertight prior to cleaning. The Window Boyz is not responsible for damages due to improperly installed siding, loose roof tiles or siding, broken or opened windows, improperly sealed windows and doors, wood rot, defective construction, improperly secured wires, loose or improperly installed gutters and leaders and improper caulking. In every aluminium siding case and in some cases with vinyl siding, the sun and weather will bleach the colour or cause fading. Power washing, which entails removal of chalky, gritty or failing surface materials may cause the faded aspects of the vinyl or aluminium to stand out. The Window Boyz will not be responsible for such conditions. The Window Boyz will not be responsible for the loose mortar that may dislodge during the cleaning process.
Stains: You acknowledge that some stains, marks or undesirable materials cannot be removed by power washing or softwashing. Tree sap, artillery fungus, splatters from stains and paints are examples of materials that cannot be removed by conventional means. We make every attempt to point these areas out to the customer when quoting the project. Sometimes these stains or materials cannot be removed at all.
Electrical Items and Waterproofing: The Window Boyz expects your property to be in good repair and weathertight. This includes, but is not limited to all electrical service including receptacles and light fixtures. Doors and windows shall also be weather tight. The Window Boyz is not responsible for damages resulting from water infiltration due to poor or improper installation, maintenance or repair of electrical-related items or doors or windows.
Shade Sails: The Window Boyz will not take responsibility for shade sails that fail while cleaning. A fail includes stitching coming undone or tears opening up in the cloth. It is Your responsibility to ensure that the shade sail is strong enough to be cleaned without damage.
Sills and Brickwork: You acknowledge sills made of brick, tile, stone or any material other than wood, aluminium, steel or UVPC may damage our brush heads and will not be washed.
Jurisdiction
1. This Agreement shall be governed by and construed in accordance with the Laws of Queensland.
No Waiver
1. Any failure by a party to insist upon strict performance of the terms and conditions or any delay by the party in exercising any of its remedies and rights shall not constitute waiver or variation of such terms and conditions or a waiver of any default or remedy which may have arisen.