WESTERN HEROZ GROUP

TERMS AND CONDITIONS

DOWNLOAD OUR PDF COPY HERE – TERMS AND CONDITIONS WHG

Western Heroz Group refers to “us”, “we”, “our” and customer refers to “you” or ““““your”.

A. GENERAL  TERMS 

1.1 Western Heroz Group receives payment for its product and services. Payment is processed via direct bank deposit, Stripe payment, PayPal, or other payment medium sent to you.

1.2 Invoices are sent via our online accounting third party software Xero accounting. Or any other accounting software used by Western Heroz Group.

1.3 Payments are accepted via bank transfer, cash, or EFTPOS.

1.4 Payments are issued with either an invoice or receipt. A receipt may be handwritten receipt or online receipt.

1.5 Responding to our invoice by paying the invoice or accepting the invoice in response to the email is considered acceptance of contract or an agreement for these terms and conditions. It does not necessarily have to be signed between the parties involved as this copy of terms is always available on the website and a copy of the same can be always accessed by the customer. There is no limitation to downloading this content on this page and the customer must keep a copy of the same for their record and reference.

1.6 A customer has 14 days as “cooling period” to cancel the work after receiving the invoice from us without having to provide any reason whatsoever to us. In such a manner, any deposits or part payments made by the customer shall be refunded minus the expenses incurred by us such as for printing, travel, fuel charges, communication charges, alike. Or a flat fee of preservice charge of $550 is charged to the customer for dishonoured promise or claims made for reimbursements by us whichever is lower. A customer cannot claim for refunds beyond this period, except for provisions as laid out in clause 2.3 below.

1.7 If the customer has any issues or doubts on payment time frame, such as due date for payment, payment time frame, scope of work, unclear work details, or any issues concerning the task proposed, this must be talked over, discussed properly, sorted before the work is accepted and before the payment is made. We will never coerce or force you to make payment for a job neither will we promise for a task that we cannot perform. A customer cannot accept the work, pay the deposit, pay the progress payment and then in midway cancel the task without any justifiable reason, and not pay us for the work progress. If you do this, it will be considered breach of contract or breach of agreement and this breach will be used against you.

1.8 We shall offer you a reasonable timeframe to complete the task, which shall be provided in your invoice, via email, verbally or through a phone call. A reasonable time frame is a time during which we expect to complete your task in order.

1.9 A reasonable time frame is not always possible to achieve especially when the contractor must depend on natural weather, products, labour, and services from external sources. These external sources include council application time frame, sub-contractors hired for the task, product delay due to shipping, service delay due to key operating time (for instance during or pre-Christmas holidays, during public holidays, the Year 2020 as an unprecedented year with delays in shipments, extended service delivery from our sub-contractors and suppliers, alike).

1.9 The customer should and must never coerce us at any cost to perform works within a particular time frame identified by the customer.

2.0 We will not be liable at under any cost to complete the works under the time frame identified by the customer.

2.1 The customer must always ensure to let us know about any changes, your true expectation of a job, and your intention on why you want the way you want it for the proposed work. Reason must be accompanied in your responses which must be in writing either via text message, or email.

2.2 We will ensure to provide clear information, update the customer on the progress track and ensure that proper care and diligence is carried out in providing the information to the customer. Should any of these due diligence by both the parties not be followed on either of their part, it will be considered a breach of trust and breach of contract.

2.3 The customer cannot just decline during the work due to change of mind. Change of mind is a full breach of trust and breach of contract especially during the work in progress. A deposit or part payment may be collected, which the customer has every right to dispute, ask questions on the legality of its collection before paying and booking the job. Once this deposit or part payment is paid, we assume you are fully aware of these terms, your rights, and obligations.

2.4 A change of mind will not guarantee return of your deposit or any payments made for the work. However, jobs that are cancelled due to circumstances beyond us and the customer’s capacity must be mutually resolved and come to an agreement if it concerns the affairs for cancelling the job and if refund of payment is involved.

2.5 Change of mind and cancelling the job, despite the progress of the task, the amount of work involved, we reserve the right to not refund the deposit

2.6 Refunds for customer, if it is to be processed for cancelled jobs, will incur a cancellation fee especially if the cooling period has passed. In this situation, all costs incurred so far for the works is non-refundable and we will deduct the costs for that. Projects intended to be cancelled by the customer within 2 weeks from the day and date of completion cannot be claimed for refunds. Any payments made for deposits, initial consultation fees, charges, or alike is not eligible for refund irrespective of it falls within cooling period, or mutual cancellation between the parties involved, among others and especially if the deposit, consultation fees, or charges is concerning a service that is necessary to start the works proposed. For instance, engineering planning for council application is an initial work progress, an important part of the work which the customer pays in full. This set up of cancellation fees of the remaining project cost plus any payments made by you for deposits, initial consultation fees, miscellaneous charges will be considered amicable solution and no further dispute shall be made between the contractor and the customer. We will not return to work for you, and you must declare in writing that you have no intent to claim any further refunds or damages once this fee is settled.

2.7 All payment terms must be complied to be eligible for warranty, which may be product warranty or workmanship confidence.

2.8 Non-payment of such dues or payments due to us will be considered breach of contract and warranty won’t be applicable.

2.9 All payments must be made without fail and on time as outlined under the invoice terms and conditions.

3.0 We reserve the right to store your credit card details or your bank details for us to process the payment.

3.1 By offering the credit card details, we reserve the right for direct debit.

3.2 We do not offer cash out via our EFTPOS service.

3.3 We reserve the right to cancel the payment and discontinue to offer our product and service. Any refunds to be made will be less the bank fees, stripe fees, or pay pal fees or any surcharge applicable on that payment system.

 B. Direct Debit

When you are making direct debits, it is your responsibility to ensure the details you provide are correct.

1.1 Western Heroz Group collects payment for its product and services.

1.2 We collect direct debit by keeping your bank details or your credit card details. They will only be stored for payment purpose with us and not for any other matters.

1.3 By providing the credit card and bank details, you authorise us to direct debit as per the direct debit contract.

1.4 Any change in your credit card or bank details must be informed to us by email.

1.5 You must ensure there are adequate funds available to process your direct debit.

1.6 We do not check your bank statement.

1.7 We do not process your direct debit, but your bank does. We may liaise with your bank to process the direct debit funds.

1.8 Direct debits requested after a business working day may be processed on the following bank business day.

1.9 We do not check that the details provided by you are correct.

2.0 You must ensure that the details in the payment instructions provided by you are correct or all or part of the debit may be unsuccessful or made to an unintended account.

2.1 Your direct debit is only processed for that amount.

2.2 We won’t charge any further costs other than what’s agreed for direct debit.

2.3 If you believe that a drawing has been initiated incorrectly, we encourage you to take the matter up directly with us by contacting us during business hours. Email sales@westernherozgroup.com.au or info@westernherozgroup.com.au

2.4 If you do not receive a satisfactory response from us to your dispute, contact your financial institution who will respond to you with an answer to your claim:

  1. within 5 business days (for claims lodged within 12 months of the disputed drawing); or
  2. within 30 business days (for claims lodged more than 12 months after the disputed drawing).
  3. You will receive a refund of the drawing amount if we cannot substantiate the reason for the drawing

2.5 If your drawing is returned or dishonoured by your financial institution, a dishonour fee of $10.00 will be debited to your account held with Western Heroz Group.

2.6 We will attempt to process the direct debit on the next scheduled due date. Should two consecutive payments be returned or dishonoured by your financial institution we will cancel the direct debit agreement and pursue recovery action against you.

2.7 Your financial institution may also charge you a fee.

2.8 You agree to cover all costs for the recovery action made against you.

C. Stripe

1.1 Western Heroz Group collects payment for our products and services.

1.2 Stripe offers online credit card payment facility.

1.3 Western Heroz Group offers online payment service via our third-party Stripe.

1.4 We collect a credit card handling payment of 1.75% on stripe payments.

1.5 It is your responsibility to ensure you provide correct details.

1.6 We may ask you over email or payment may be taken via phone call for stripe credit card payment.

1.7 We do not store your credit card details except for the payment due by you to us.

1.8 You must ensure the credit card details are correct and up to date.

1.9 You must provide your credit card details for us to process the charges.

2.0 Your credit card details will be deleted once the payment is complete.

2.1 Payments from your nominated credit card will continue until the period the payments are due and not cleared.

2.2 Continuous dishonoured drawings, more than twice from your credit card has a dishonour fee of $10.00 and will be debited from your account and held with Western Heroz Group.

D. Pay Pal

1.1 Western Heroz Group collects payment for its product and services.

1.2 Western Heroz Group offers online payment facility via PayPal.

1.3 Western Heroz Group offers online payment service via its third-party PayPal.

1.4 We collect a processing fee on PayPal payments to cover our administrative expenses. These processing fees are capped to a maximum of 1.75% of the total invoice.

1.5 It is your responsibility to ensure you provide correct details.

1.6 We may ask you over email or payment may be taken via phone call for stripe credit card payment.

1.7 We do not store your credit card details except for the payment due by you to us.

1.8 You must ensure the credit card details are correct and up to date.

1.9 You must provide your credit card details for us to process the charges.

2.0 Your credit card details will be deleted once the payment is complete.

2.1 Payments from your nominated credit card will continue until the period the payments are due and not cleared.

2.2 Continuous dishonoured drawings, more than twice from your credit card has a dishonour fee of $10.00 and will be debited from your account and held with Western Heroz Group.

E. EFTPOS

1.1 Western Heroz Group collects payment for its product and services.

1.2 Western Heroz Group offers mobile payment facility via its EFTPOS facility.

1.3 EFTPOS facility accepts Google Pay, Apple Pay, Tap and Pay.

1.4 It is your responsibility to ensure you provide correct credit card.

1.5 You must ensure the credit card details are correct and up to date.

1.6 We will only use your credit card for EFTPOS for payment purpose for that invoice only.

1.7 Sufficient funds must be available to process EFTPOS facility.

1.8 We do not offer cash out service via our EFTPOS facility.

1.9 We do not store your credit card via our EFTPOS facility.

F. Humm and Zip payment 

1.1 We offer Humm and Zip payment.

1.2 There is an administration fee of 10% on top of the total invoice to manage Humm and Zip payments.

1.3 Your repayment is with Humm, and Zip and you will repay these merchants for the credit availed under the credit terms sent by Humm or Zip to you.

1.4 It is your responsibility to ensure that you maintain good repayment history and in no manner should our works or disputes of our works be a reason to withhold your credit repayment. We are not liable for your non-repayment of credit availed from Humm or Zip.

1.5 Please ensure that the service is utilised well and any issues arising on your activity in using this service is your full responsibility and you are directly responsible for that liability.

G. Liability

1.1 Works performed by us and accepted by you is a final binding contract, agreed and understood under good faith. This is reflected in the invoice we send to you along with any documentation such as drawings for the works proposed. Unless this information on scope of the work is changed, such an information shall remain final and binding.

1.2 We will ensure all our works are performed as per the general standards in place and conducted in a manner that solves the problem or issues which would have otherwise caused the customer problems if the work wasn’t resolved or underperformed.

1.3 We will not take any liability for works not under our purview or works that are beyond our control or works not listed to be performed under our invoice terms.

1.4 We will take direct liability for damages occurred under our works and fix any damages at our own cost for that damage occurring.

1.5 We will not take any liability for damages which may be indirectly caused due to other workers who are working at the same time as us but not related to us or not hired by us.

1.6 We will not take any liability for damages which may be directly caused by our workers or contractors hired by us who performs damages intentionally.

1.7 At any point during the works, the customer ensures to be cooperative and treat our workers with respect and behave in a manner that is accepted as a good human principle and to ensure there is very less issues such as mistrust and misunderstanding.

1.8 At any point during the works, Western Heroz Group ensures to be cooperative and treat the customer with respect and behave in a manner that is accepted as a good human principle, values of a good tradesman and in a professional manner.

1.9 At any point should there arise any issues during the works, the customer and Western Heroz Group must ensure dispute resolutions are dealt in a very cooperative manner and performed in a way to an intent to resolve issues and get the works done as soon as possible.

1.10 At any point should the customer feel ill-treated, abused, under duress, or threatened, customer has every right to cancel the works, despite the progress of the works on going. The customer in this regard can hire other contractor to finish the remaining part of the works and balance bill to be paid by Western Heroz Group.

1.11 To be eligible for the clause 1.10 above, the customer must prove that there is enough justification to not continue the works with Western Heroz Group and that sufficient damage has been made, proven by actual damages.

1.12 At any point should Western Heroz Group feels ill-treated, abused, under duress, or threatened by you, Western Heroz Group has every right to cancel the works, despite the progress of the works on going. Western Heroz Group will not be liable to complete the works in this circumstance and will refund the cost of the project less the amount of money utilised to perform the works.

1.13 To be eligible for the clause 1.12 above, Western Heroz Group must prove that there is enough justification to not continue the works with the customer and that sufficient damage has been made, proven by actual damages.

1.14 We are not liable to pay you any money or cover cost for any inconveniences caused such as due to delays or rescheduling of the task whatsoever.

1.15 Western Heroz Group will only perform works as invoiced and nothing beyond those terms shall held us liable for services not covered under the invoice.

1.16 If the invoice or our work description doesn’t specify a particular detail, it means we are not liable for that work and we will not perform any extra work under any circumstance unless it is agreed to and unless extra payment and extra time required to is agreed both between the customer and us.

1.17 Under no circumstance we are liable to complete the works if any discrepancies occur during the work which is beyond our control and if the customer doesn’t agree to variation in cost and time frame of the Project.

1.18 At all times, the customer and Western Heroz Group must treat other with respect and perform all their actions in an amicable manner and their intentions well-served to produce harmony on the project.

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