Terms of Service

These are the Terms of Armour It Pty Ltd of ACN 640 224 620 (“we”, “us”, “our”).  By using our services, you agree to be legally bound and to abide by these Terms.  If you do not agree with these Terms, you must not use our services.  We may modify these Terms at any time, without notice to you. 

1. Performance of the services

[1.1] Provision of the services involves the entry  of our representatives onto the premises specified by you and entry into the spaces and/or rooms in these premises as nominated by you (the Space).

[1.2] No person except our representative(s) is/are to be present in the Space (or relevant affected area as we deem) when the services are provided.

[1.3] The services involve our representatives applying, spraying, or “fogging”, by way of wipes, spray bottles, misters, or electric foggers, the Zoono Z71 Microbe Shield (Zoono) on all visible surfaces in the Space but without moving or adjusting any item, equipment or furniture

2. Services, Time and Manner of Delivery

[2.1] We will provide such services to you as are set out in our quote to you. 

[2.2] Our quote is valid for thirty (30) days from the day we send it to you.   We reserve our right to alter or decline a quote after the expiry of thirty (30) days. 

[2.3] We will provide the services on the date(s) set out in the quote or other mutually agreed date(s) or time periods. The services will be provided to you within the timeframe specified in the quote or as otherwise agreed. 

[2.4] Time frames and date of delivery are provided for guidance only and we make no guarantee that the services will be performed within the specified period. 

[2.5] The timely completion of the services requires your cooperation in providing information and access relevant to the services.  We may charge additional fees and expenses that arise from your delays in providing this cooperation.

3. Fees, Payment and Charges

[3.1] You must pay us for the services.

[3.2] The fees payable for the services are set out in the quote.  The interval(s) at which we may invoice you for the services is set out in the quote.

[3.3] We may vary our fees where we have provided services that are different or in addition to those set out in the quote either at your request, or because we have been required to complete additional work that was not anticipated at the time of this agreement.  We may revise our fees from time to time.

[3.4] Rates quoted to you remain in force until we otherwise advise you.

[3.5] You agree:

(a) not to withhold any sums due to us;

(b) if not paid before provision of the service, settle all invoices raised by us within fourteen (14) days of issue;

(c) to pay us interest at a rate of the Cash Rate Target stipulated by the Reserve Bank of Australia as at the date of the relevant invoice plus 2%, calculated on a daily basis, on any payment which is not settled in accordance with these Terms; and

(d) to pay to us such costs and expenses as we may incur in recovering payment from you where you fail to make payment in accordance with these Terms.

[3.6] If you fail to pay us in accordance with these Terms, we reserve the right to cease your work immediately, and without penalty.

[3.7] Provision of the services at a residential Space requires payment on delivery of the service, or prepayment when more than one occasion of the service is purchased.

[3.8] Provision of the services at a commercial space requires payment within 14 days from the date of provision of the service or prepayment when more than one occasion of the service is purchased.

[3.9] Prices are subject to change without notice. Existing customers will be notified 30 days in advance. Pre-paid services will be exempt from price increases until the pre-paid services are provided, after which any further services will be subject to the updated price.

[3.10] To the extent permitted by law, no refunds or exchanges will be permitted.

[3.11] No refunds will be provided in respect of pre-paid services. However, we reserve the right, at our absolute discretion, to provide you with a mutually suitable option in the event of extenuating circumstances. For example, transfer the service to a comparable Space.

[3.12] In the event of a cancellation or rescheduling of a service, you must provide us with a minimum of 36 hours’ notice. If you notify us in less time, you are liable to pay the less of the price of the service or $250.

4. Warranty by you

[4.1] You warrant that you are authorised to permit our entry onto the premises and into the Space to provide the services, and you agree to permit us to use electricity at the premises for the purpose of carrying out the services.

[4.2] You agree to indemnify us and hold us harmless for any damage or any other adverse effect caused to any surface, equipment or other item as a result of the provision of the service or otherwise caused by us during the provision of the service, including any actual or alleged theft of any items in the Space.

5. Disclaimer of warranties

[5.1] To the extent permitted by law, we exclude all warranties, of any kind, in respect of the services or the satisfactory completion of the services. 

[5.2] Our liability in respect of such warranties is limited to the resupply of the services, or the price you paid for the services.  

[5.3] While the application of Zoono to surfaces provides resistance to a range of bacteria, mould, and microscopic parasites, we make no warranty or claim as to the effectiveness or efficacy of Zoono to prevent or terminate any bacteria or mould  or its application by way of the services.

[5.4] While the application of Zoono to surfaces provides resistance to a range of bacteria, mould and microscopic parasites for up to 30 days, we make no warranty or claim as to the period of time that Zoono will remain on the surfaces to which it is applied.

6. Limitation of Liability

[6.1] To the extent allowed by law, our liability to you for loss or damage arising from or in relation to the services, whether arising from breach of contract, tort (including negligence) or otherwise, is limited to the total fees payable by you for the services.

[6.2] To the extent allowed by law, we exclude all liability to you for any indirect, special or consequential loss, damages or costs, loss of profit or revenue, loss of business, business interruption, loss of data or loss of goodwill arising from or in relation to the services.

[6.3] We shall not be liable for any delay in performing, or any failure to perform, any of our obligations if the delay was due to any event outside our reasonable control.

[6.4] You are liable for and will indemnify us, our directors, employees and contractors from and against any liability, loss, claims, costs, damages or expenses that may result from any third-party claims arising out of or in relation to the provision of the services, and will reimburse us for all costs and expenses (including legal fees on a solicitor/client basis) incurred by us in connection with any such action or claim.

7. Termination

[7.1] Either party may terminate this arrangement to provide services:

(a) at any time with thirty (30) days written notice;

(b) immediately if the other party becomes bankrupt or insolvent; or

(c) immediately if the other party commits any material breach of these Terms that is either incapable of being remedied within fourteen (14) days of receipt of a notice requiring the breach to be remedied.

[7.2] In our sole discretion, we may terminate this agreement at any time, with seven (7) days’ notice, if:

(a) you fail to pay our fees within our terms of payment;

(b) we consider that a request for a service is inappropriate or for any improper, immoral or unlawful purpose;

(c) you fail to provide us with clear and/or timely instructions to enable us to provide the services;

(d) we are of the view that there has been a break down in our working relationship; and

(e) for any other reason outside our control, which has the effect of compromising our ability to perform the services within specified timeframes.

[7.3] If the arrangement to provide services is terminated, you agree to pay us for:

(a) any work we have done and any expenses we have incurred up to and including the date of termination;

(b) any amount remaining on a pre-payment or subscription, or otherwise forfeit any prepayments already made to us for the services; any rights or obligations that have accrued up to and including the date of termination will survive.

8. Severability

[8.1] If any part of these Terms is held to be illegal, invalid or unenforceable by a Court of law, the legality, validity and enforceability of the remaining parts will not be affected.

9. Waiver

[9.1] Any failure or delay by us to enforce any provision of these Terms will not be interpreted as a waiver of our rights or remedies. 

10. Force majeure 

[10.1] Neither party will be liable to the other for any delay or failure to fulfil its obligations (excluding payment obligations) under this agreement to the extent that any such delay or failure arises from causes beyond its control.

11. Entire agreement

[11.1] This agreement is the entire agreement between you and us relating to the services.  It replaces and supersedes any previous correspondence, understandings or other communications (written or oral).

12. Applicable law

[12.1] These Terms shall be governed and interpreted by the laws of New South Wales, Australia. 

[12.2] Any dispute arising from the Terms, or a breach of the Terms, will be subject to the exclusive jurisdiction of the Courts of New South Wales, Australia.