WEBSITE TERMS OF USE, DISCLAIMER AND SERVICE TERMS
Cut Right Property Services
ABN Holder: CHISLETT, DYLAN PETER JOHN
Website: cutright.com.au
Effective Date: 14 / 02 / 2026
Contact email: dylan@cutright.com.au
Contact phone: 0422 054 195
1. Definitions and Interpretation
1.1 Definitions
In these Terms, unless the context requires otherwise:
(a) ACL means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
(b) Agreement means the agreement formed under clause 2 between the Client and the Provider for the provision of Services, incorporating these Terms and any Quote accepted by the Client.
( c ) Client means the person or entity who requests, receives, or pays for the Services, or accesses/uses the Website.
(d) Force Majeure Event has the meaning given in clause 19.
(e) Personal Information has the meaning given in the Privacy Act 1988 (Cth).
(f) Provider, we, us, our means Cut Right Property Services (operated by the ABN holder named above).
(g) Quote means a written quotation, scope, pricing list, hourly rate schedule, or proposal issued by us for Services.
(h) Services means lawn, garden, and non-structural general home/property maintenance services provided by us from time to time.
(i) Website means cutright.com.au and any related pages, content, and functionality.
1.2 Interpretation
(a) Headings are for convenience only and do not affect interpretation.
(b) A reference to “including” means “including without limitation”.
( c ) If there is an inconsistency between a Quote and these Terms, the Quote prevails to the extent of that inconsistency.
2. Application and Acceptance
2.1 Website Terms
By accessing or using the Website, you agree to be bound by these Terms (to the extent they relate to the Website).
2.2 Service Terms
A binding Agreement for Services is formed when:
(a) the Client accepts a Quote (including by email, SMS, written acceptance, or other confirmation), and/or
(b) the Client authorises us to commence Services, and/or
( c ) we commence Services at the Client’s request.
2.3 Updates
We may amend these Terms from time to time by publishing an updated version on the Website. The version in force at the time the Services are booked/accepted applies, unless otherwise agreed in writing.
3. Website Use and General Disclaimer
3.1 Information only
All information on the Website is general in nature and provided for information purposes only. It does not constitute legal, financial, building, trade, engineering, or other professional advice.
3.2 No reliance
You must make your own enquiries and obtain independent advice as necessary before acting on information on the Website.
3.3 Accuracy
While we take reasonable care, we do not warrant that Website content is accurate, complete, current, or suitable for your purposes.
3.4 Availability
We do not guarantee uninterrupted access to the Website. The Website may be unavailable due to maintenance, updates, or events beyond our control.
3.5 Third-party links
The Website may contain links to third-party websites. We are not responsible for their content, privacy practices, availability, or any loss arising from their use.
4. Enquiries, Estimates and Quotes
4.1 Enquiries only
The Website enables enquiries via Webflow forms and direct contact by phone/email. The Website does not provide online booking or payment.
4.2 Rough estimates
Any estimate provided by phone, email, or message prior to inspection is indicative only and may change after a site inspection or further information.
4.3 Quotes
(a) Quotes are generally provided after inspection (unless otherwise stated).
(b) A Quote may be based on assumptions about site conditions and access.
( c ) Unless stated otherwise in writing, Quotes are valid for 14 days from issue.
4.4 Variations
If the scope changes, hidden issues arise, or the Client requests additional work, we may issue a variation (written or verbal) and adjust pricing accordingly. Where practicable, we will confirm variations in writing before proceeding.
5. Services: Scope and Limitations
5.1 General maintenance only
We provide general, non-structural home and property maintenance. We do not perform regulated trade work (including electrical, plumbing, gasfitting, or structural building work) unless explicitly stated and lawfully permitted.
5.2 No guarantee of outcomes
We do not provide a guarantee of outcomes unless expressly agreed in writing. Results may vary due to factors outside our control (including weather, existing site conditions, plant health, materials, and Client maintenance).
5.3 Pre-existing conditions and hidden issues
We are not responsible for:
(a) pre-existing damage, defects, deterioration, pests, rot, mould, rust, subsidence, poor prior workmanship, or non-compliant works;
(b) hidden conditions (including underground services, irrigation, pipes, cables, tree roots, buried debris, or unknown hazards);
( c ) changes caused by weather, seasonal conditions, soil, pests, disease, or third-party actions.
5.4 Advice and recommendations
Any suggestions we provide (including maintenance tips) are general in nature and should be independently verified where appropriate.
6. Client Obligations
6.1 The Client must:
(a) provide accurate information about the site and requested Services;
(b) ensure safe and reasonable access to the property at agreed times;
( c ) secure pets and ensure the site is reasonably safe (including hazards, aggressive animals, and unsafe structures);
(d) disclose known hazards (including asbestos, mould, sharp debris, syringes, aggressive pests, unstable surfaces, biological hazards);
(e) obtain any necessary permissions (including strata/landlord approvals) before work is performed;
(f) ensure vehicles, gates, and access paths allow us to enter/exit and perform the Services; and
(g) comply with reasonable directions we give regarding safety and site access.
6.2 If access is not available or the site is unsafe, we may suspend work until rectified, and the Client may be responsible for resulting delays/costs.
7. Scheduling, Delays and Weather
7.1 Booking times are estimates and may change due to workload, weather, travel, emergencies, or earlier jobs taking longer.
7.2 Weather may impact lawn/garden and exterior works. We may postpone or reschedule where necessary for safety, quality, or practicality.
8. Subcontractors and Delegation
8.1 We may engage subcontractors or delegate Services to suitably qualified persons (including, occasionally, our trusted contractors) to assist in service delivery.
8.2 Where subcontractors are used, we remain responsible for the Services to the extent required by law, subject to these Terms.
9. Pricing, Deposits and Progress Payments
9.1 Pricing will be as stated in the Quote or agreed rates/pricing list.
9.2 For larger jobs, we may require:
(a) a deposit; and/or
(b) progress payments, as set out in the Quote or agreed in writing.
9.3 Unless otherwise agreed, payment is due within 14 days of invoice date.
9.4 We accept payment by bank transfer or cash (unless otherwise stated).
10. Late Payment
10.1 If an invoice is unpaid after the due date, we may:
(a) suspend further Services until payment is made; and/or
(b) take reasonable steps to recover the debt.
10.2 Invoices are strictly 14 days. We reserve the right to charge interest on any overdue account at a rate of 10% per annum, calculated daily and applied monthly, from the due date until the date of payment.
11. Cancellations and Rescheduling
11.1 We do not charge a general cancellation fee.
11.2 However, if the Client cancels after we have incurred direct costs (including purchased materials, disposal fees, booked subcontractors, or travel already undertaken), the Client must reimburse those reasonable out-of-pocket costs.
11.3 The Client should provide as much notice as possible to reschedule.
12. Materials, Waste and Disposal
12.1 Unless included in the Quote, materials and disposal fees may be charged separately.
12.2 If waste removal is included, it applies only to waste generated by the Services as agreed.
13. Photographs, Marketing and Testimonials
13.1 We may take before and after photographs for operational purposes (including records and quality assurance).
13.2 We may publish photographs for marketing purposes (including on the Website, Google Business Profile and social media).
13.3 If you do not want photographs used for marketing, you must notify us in writing prior to publication. If a photograph may reasonably identify a person or contain sensitive information, we will take reasonable steps to obtain consent prior to publication.
13.4 Testimonials and reviews reflect individual experiences and do not guarantee that all Clients will achieve the same results.
14. Intellectual Property
14.1 Unless otherwise stated, we own (or license) all intellectual property on the Website, including text, photos, logos, branding, graphics, and layout.
14.2 You must not copy, reproduce, adapt, distribute, or commercially exploit Website content without our prior written consent.
15. Prohibited Conduct
15.1 You must not:
(a) misuse the Website;
(b) attempt unauthorised access to the Website or systems;
( c ) introduce malware or harmful code;
(d) scrape or harvest data from the Website; or
(e) use the Website in a way that infringes our rights or the rights of others.
16. Privacy
16.1 Our handling of Personal Information is governed by our Privacy Policy available on the Website.
16.2 By submitting an enquiry via the Website or contacting us, you consent to us collecting and using your Personal Information in accordance with our Privacy Policy.
17. Limitation of Liability
17.1 ACL notice
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the ACL or any other applicable law that cannot lawfully be excluded.
17.2 General limitation
To the maximum extent permitted by law, we exclude all liability for any loss or damage arising from or in connection with:
(a) use of the Website or reliance on Website content;
(b) third-party links or third-party services;
( c ) delays, interruptions, or unavailability of the Website;
(d) factors outside our reasonable control (including weather and pre-existing conditions).
17.3 Consequential loss
To the maximum extent permitted by law, we are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of opportunity, or loss of goodwill.
17.4 Liability cap (Services)
To the maximum extent permitted by law, our aggregate liability arising from Services is limited (at our election) to:
(a) resupplying the Services; or
(b) paying the cost of having the Services supplied again; or
( c ) the amount paid by the Client for the Services giving rise to the claim, whichever is the lesser, to the extent such limitation is permitted by law.
18. Indemnity
18.1 The Client indemnifies us (and our personnel) against all claims, losses, damages, and expenses arising from:
(a) the Client’s breach of these Terms;
(b) inaccurate information provided by the Client;
( c ) unsafe site conditions not disclosed to us;
(d) third-party claims arising from the Client’s acts or omissions, except to the extent caused by our negligence or unlawful conduct.
19. Force Majeure
19.1 We are not liable for delay or failure to perform obligations due to events beyond our reasonable control, including weather events, natural disasters, illness/injury, supplier disruptions, road closures, or government restrictions (Force Majeure Event).
19.2 If a Force Majeure Event occurs, we may suspend or reschedule Services without liability.
20. Complaints and Dispute Resolution
20.1 If you have a complaint, you must contact us first and provide reasonable details.
20.2 We will attempt to resolve disputes in good faith through discussion.
20.3 If a dispute remains unresolved, either party may pursue remedies available under law.
21. Governing Law and Jurisdiction
21.1 These Terms are governed by the laws of New South Wales.
21.2 The parties submit to the exclusive jurisdiction of the courts of New South Wales.
22. General
22.1 Severability: If any clause is invalid or unenforceable, it is severed and the remainder continues.
22.2 No waiver: Failure to enforce a right is not a waiver.
22.3 Entire agreement: These Terms, together with any accepted Quote, form the entire agreement in relation to the Services.
23. Contact
Email: dylan@cutright.com.au
Business name: Cut Right Property Services
ABN holder: CHISLETT, DYLAN PETER JOHN