Terms & Conditions

A. The Service

A1. The Client has requested, and the PO has agreed to provide a service (“Service”) to provide the Client with the expertise and skills of a professional organiser including but not limited to:

            a) Removing possessions and items, including donating said items
             b) Rearranging possessions and items.
             c) Advice about products which may suit the space.
             d) Advice around where clients may dispose of or donate items they are choosing to remove.
             e) Advice around maintaining systems put in place.
             f) Advice around preventing further clutter..
             g) Advice around rearranging rooms or creating new spaces to improve functionality and aesthetics.
             h) Services do not include cleaning.

A2. The success of our services is dependent upon your co-operation, and we are not responsible for needs/expectations not being met where you fail to co-operate with us.

A3. The Client shall, subject to the terms of this agreement, be entitled to receive the Service from the date this agreement is executed.

A4. The Client agrees that the Client is only entitled to receive the Service if the Client has paid the Fee in full, or where an alternative mutual payment agreement has been established in accordance with clause C2.

A5. The Client warrants that all information the Client provides to the PO under this agreement is true, correct, current, accurate and complete in all respects.

A6. The PO will use its best endeavours to provide a service of the highest possible standard in accordance with the terms of this agreement. However, the PO does not accept responsibility for circumstances or events beyond the PO’s control.

A7. The Client agrees that it will not transfer or assign any of its rights or obligations under this agreement. This includes, without limitation the obligation for payment and the right to cancel the Service.

A8. The PO may transfer or assign its rights and obligations under this agreement at any time without restriction and without the consent of the Client, and upon doing so is relieved of any further obligations under this agreement. This includes, without limitation, if the PO sells their business, in which event the Service may be provided by the buyer of the business.

A9. The Client indemnifies and holds the PO and its agents, employees, contractors, officeholders and shareholders (“the PO Personnel”) harmless from and against any and all claims, demands, proceedings, judgments, damages, costs and losses of any nature whatsoever, including reasonable legal fees (“Claims”) arising out of, or resulting from, or in connection with circumstances or events that are outside the PO’s control.

A10. Without limiting clause A9 the Client acknowledges and agrees to indemnify the PO and the PO Personnel even though the PO and PO Personnel may be required to work in the Client’s private residence, with the Client’s possessions and whilst there may be children or pets in attendance.

A11. Amendments to the terms specified in this agreement may be made by the PO from time to time. Any amendments to this agreement will be notified in writing by the PO to the Client. All amended terms will automatically be effective immediately. The Client’s continued use of the Service shall constitute acceptance of those amendments. If the Client does not agree with such amendments the Client may terminate the agreement with the PO.

A12 The PO reserves the right at all times to alter the Service. In the event the PO does make an alteration to the Service, the Client acknowledges that he/she will not be entitled to any compensation. If the Client does not agree with such alterations, the Client may terminate the agreement with the PO.

A13. From time to time the PO may advise you to obtain goods from a third party. You acknowledge the PO is not a retailer and takes no responsibility for any faults or defects with any goods so purchased.

A14. Recommendations for any third party services are just that. The PO does not take responsibility for, warrant or guarantee third party services or performance. Any third party agreement stands alone and is not relevant to these terms and conditions.

A15. The PO advises the Client to obtain a valuation prior to making decisions around items that may hold significant monetary value. Should the Client not wish to do this the PO does not take any responsibility for financial losses.

A16. All items given by the Client to the PO for the purpose of donation are final and shall be donated at a place of the PO’s discretion. The Client acknowledges that in the event of change of mind, donations are unable to be retrieved from relevant venues / services or charities.


B. Client Obligations

B1. The Client is responsible for ensuring that other household members are comfortable with the PO’s attendance at the home and with the services being provided. The PO strongly advises that a household discussion is held, and all members are made aware of the decluttering and organisation Services.

            a) The Client confirms that all possessions are their own, or they have permission from the owner to declutter and organise the possessions. The PO  does not take liability in the event the Client has not obtained this permission.
             b) The Client confirms that no possessions are stolen or from the proceeds of crime.

B2. The Client is responsible for ensuring the PO’s safety when attending the premises and is liable for injuries to the PO and PO Personnel and for any loss or damages to PO property whilst on the Client’s premises. Any breaches of this clause B may result in termination of Services without any repercussions financially or otherwise to the PO.

B3. The PO will not work alone at a premises.

B4. The Client warrants no biological hazards are present:

            a) Animals are safely secured & no animal waste is present;
             b) No human waste is present;
                     - Please notify us prior to a session if you’ve been unwell;
                     - We ask you adhere to Covid-19 Health requirements and advice;
                     - If a household member has been vomiting or had diarrhoea their last episode must be at least 24 hours prior to your session;
                     - Sharps must be contained in an appropriately labelled sharps container; and
                     - PO requires notification and photographs of mould on the premises prior to attendance.

B5. Limiting physical, safety and ergonomic hazards:

            a) The PO reserves the right to use their discretion around what they will and will not lift and move;
             b) The PO will not work in confined spaces such as under house or low roof attics without prior discussion;
             c) Electrical wiring must be safe. Any electrics currently being worked on must be appropriately terminated prior to the PO’s attendance;
             d) Where extreme heat or cold pose a risk the PO may require the session to be rescheduled for their own and the Client’s safety; and
             e) Weather events such as severe thunderstorms, snow or bushfires may require the PO to reschedule the session.

B6.Chemical Hazards:

           a) Dangerous liquids, solvents or flammable gases, noxious or harmful gases or chemicals can be dealt with if they are in the original labelled container, they are not leaking and have not been mixed with other substances.

            b) The Client warrants that no illegal drugs are present.

            c) Where a substance cannot be easily identified, the PO may ask the Client to provide an MSDS prior to attendance.

B7.Guns and other weapons:

            a) Any guns on the premises must be disclosed prior to service. The PO requires:

                    - A copy of the owner’s gun license;
                     - A copy of a recent (within one month prior) Police Check. This cost must be covered by the Client; and
                     - All guns must be stored in compliance with local laws.
                     - Any other weapons present must be secured outside of the home in a shed, garage or similar. If the PO is working in these areas, said weapons should be removed prior to the PO’s attendance and secured elsewhere.

B8.Tools and machinery:

        a) Sharp tools and electric tools should be stored appropriately and switched off.

        b) Machinery should be switched off with all applicable safety catches in place.

B9.Physical violence, sexual violence or advances, intimidation, verbal abuse, threats, and invasion of personal space towards the PO, or the Client from any third party residing at or associated with the place of Service will cause immediate termination of the session and no further Services will be provided. 

            a) The PO reserves the right to file a police report in the event of any of the above occurring.
             b) The PO will, where appropriate, refer Clients to domestic violence support services.
             c) The PO will act as a mandatory reporter regarding any children residing in a residence.

B10. The Client should, prior to any session, set aside items they are not comfortable with the PO seeing or dealing with. Examples of these items might include private letters or documents, medical equipment, or items of a sexual nature.


C. Payment terms

C1. The PO shall not be obliged to provide any Service to the Client until the Client has booked, paid, and the PO has received in full, the total fee due under this agreement in respect of the Service (“Fee”), unless an alternative mutual payment agreement has been established between the PO and the Client pursuant to clause C2. 

C2. Where an alternative mutual payment agreement is established between the PO and the Client, the Client acknowledges and agrees he/she is liable to all terms associated with the payment agreement as agreed between the PO and the Client, including but not limited to payment of the full Fee due under this agreement.


D. Cancellation or postponement

D1. The below table outlines when a late penalty fee shall be payable where cancellation or amendment of an existing Service booking occurs (“Late Penalty Fee”), and the amount of that Late Penalty Fee:

Penalty Fee – Must be paid in full within 7 days of cancellation or alteration to bookings.

Less than 24 hours prior to your consultation start time - 100% of session fee payable & deposit is lost.

Less than 48 hours prior to your consultation start time - 50% of session fee payable & deposit is lost.

More than 48 hours prior to your consultation start time - If you choose to reschedule, the deposit will be credited to your final session payment. If you choose not to reschedule, the deposit is forfeited.


D2.
 The PO shall be entitled to deduct any applicable Late Penalty Fee from the Client’s Fee.

D3. If the Client is entitled to a part or full refund of the Fee, the PO shall make that refund as soon as practicable after notice of that entitlement is received by the PO.

D4. Where penalty fees are not paid within 7 days the PO is entitled to recover any fees incurred in actions taken to recover the money owing on top of the penalty fee itself.


E. Privacy

E1. This clause E describes the way that the PO collects, holds and discloses information about its clients (“Privacy Policy”). The PO may from time to time vary its Privacy Policy.

E2. The PO may collect personal information relating to the provision of the Service, including but not limited to the Client's name, occupation, residential address, postal address, contact telephone number, facsimile number, email address and bank account and other financial details. The collection of personal information may assist the PO to provide the Service to the Client.

E3. The PO will store all personal information electronically in password protected emails or files. 

E4. Clients may request access at any time to their own personal information, provided that the PO may charge a reasonable fee for providing such access. The PO may refuse to provide such access to information if legally permitted to do so.

E5. The PO and PO Personnel shall not be liable for any Claim resulting from the loss or theft of the Client’s personal information records.

E6. The PO reserves the right to retain any information provided to it by the Client, provided that the PO does not disclose the Client’s information except in accordance with this agreement or as required by law.

E7. The PO will destroy Clients’ personal information 7 years after the date of the last Service.


F: Confidentiality of the PO’s Information

F1. The Client must not without the PO’s prior written consent divulge or communicate to any person, any document or information regarding the operations, business dealings or financial affairs of the PO which may come to its knowledge in the course of receiving the Service.

F2. The restriction in F1 does not apply to any disclosure of information:

a) which is already in the public domain;

b) which is required by law to be communicated to a person who is authorised by law to receive that information; or

c) that is made to a court or tribunal in the course of proceedings.

F3. The Client indemnifies the PO and the PO Personnel against all Claims and expenses that the PO may incur if the Client breaches this clause F. The PO may recover from the Client as a debt due and owing to the PO, any such costs, losses, expenses or damages.

F4. Without in any way whatsoever limiting any other provision of the agreement, the provisions of clause F continue for a period of one (1) year after the termination of this agreement.


G. Dispute Resolution

G1. All Client disputes are to be made in writing either via registered post to the PO’s principal address or via email to ‘hello@orangeorganisingco.com.au’ with a read receipt function to ensure the dispute information has been received by the PO.

G2. The PO will do its best to resolve all disputes in an amicable and timely manner.

G3. The PO reserves the right to engage relevant legal services if they believe this is necessary. The costs associated with this may be payable by the Client in the event the Client is found to be liable as per these Terms and Conditions or by ruling in a court of law.


H. General

H1. The Service is provided "as is" and "as available" without warranty of any kind. To the maximum extent permitted by law, the PO excludes all express or implied warranties with regard to the Service. Where warranties cannot be excluded under the Australian Consumer Law or similar legislation, the PO in its discretion limits its liability to the cost of the Service or the cost of providing the Service again.

H2. This agreement is governed by the laws of New South Wales, and the Client irrevocably consents to the exclusive jurisdiction of the courts of that state for purposes of any legal action arising out of or related to the use of the Service or this agreement.

H3. If any provision of this agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, this agreement must be construed as if that provision or part of a provision had been severed from the agreement and the parties remain bound by all of the provisions and part provisions remaining after severance.

H4. No right under this agreement is waived or deemed to be waived except by notice in writing signed by the party waiving the right. A party does not waive its rights under this agreement because it grants an extension or forbearance to the other party.