MARTIN PEST CONTROL MELBOURNE

Terms and Conditions of Service

1. Definitions and Interpretation

In these Terms and Conditions, the following definitions apply:

In these Terms: (a) references to a person include an individual, company, partnership, trust, association, or other legal entity; (b) headings are for convenience only and do not affect interpretation; (c) words in the singular include the plural and vice versa; (d) a reference to “includes” or “including” means including without limitation.

2. Acceptance of Terms

These Terms and Conditions apply to all Services provided by Martin Pest Control Melbourne. By booking our Services — whether via telephone, email, our website, an online booking platform, or in person — you confirm that:

• You have read and understood these Terms and Conditions in their entirety
• You agree to be legally bound by them
• If you are booking on behalf of a company or organisation, you have the authority to bind that entity to these terms

If you do not agree with any part of these Terms, you must not proceed with a booking or allow us to carry out Services at your property. We reserve the right to refuse service at our discretion.

These Terms and Conditions supersede all prior agreements, representations, and understandings between the parties with respect to the subject matter hereof.

3. Bookings and Quotes

3.1 Requesting a Quote

You may request a quote by contacting us via phone, email, our website contact form, or in person. A Quote is an estimate of the cost of Services based on information provided by you. Quotes are valid for 30 days from the date of issue unless otherwise stated.

Final pricing may vary from the Quote if, upon inspection, the actual scope of work differs materially from the information provided — for example, if the infestation is more extensive than described, or if access to the property is more difficult than anticipated. We will notify you of any such variation before commencing work wherever practicable.

3.2 Booking Confirmation

A booking is confirmed when we have accepted your request and provided a confirmed appointment time. Confirmation may be provided verbally, by email, or by SMS. It is your responsibility to ensure the booking details (date, time, address, and services required) are correct.

3.3 Same-Day Bookings

We offer same-day and emergency pest control services subject to technician availability. Same-day bookings must be made before 12:00 PM (noon) Melbourne time on the day of service to be guaranteed. We cannot guarantee same-day service for all locations or all pest types.

3.4 Cancellations and Rescheduling by You

If you need to cancel or reschedule your appointment, please contact us as soon as possible:

• Cancellations or rescheduling made at least 24 hours before the scheduled appointment: no cancellation fee
• Cancellations made less than 24 hours before the scheduled appointment: a cancellation fee of up to 50% of the quoted service fee may apply
• No-shows (failure to provide access at the scheduled appointment time): the full service fee may be charged

In exceptional circumstances (such as a genuine emergency), we will consider fee waivers at our absolute discretion.

3.5 Cancellations and Rescheduling by Us

We reserve the right to cancel or reschedule appointments due to circumstances beyond our control, including but not limited to extreme weather, equipment failure, or technician illness. We will provide as much notice as practicable and will reschedule your appointment at no additional cost.

4. Scope of Services

4.1 General

We will perform the Services as agreed in your booking or as described in the Quote. All Services are carried out by licensed pest management technicians in accordance with applicable Australian standards and Victorian regulations.

4.2 Inspection

Prior to commencing a treatment, our technician may conduct an inspection of the Property to assess the nature and extent of the pest issue. The inspection will inform the treatment approach and may result in an updated quote if the situation differs from the initial description.

4.3 Treatment Methods

We use a range of pest management methods including, but not limited to:

• Chemical treatments (sprays, dusts, gels, baits)
• Trapping and physical removal
• Fumigation
• Exclusion and proofing work
• Thermal and non-chemical treatments

The method used will be determined by our technician based on the type of pest, the extent of infestation, the property type, and any relevant safety considerations. We will advise you of the method to be used prior to commencing.

4.4 Products

All chemical products used in our treatments are registered with the Australian Pesticides and Veterinary Medicines Authority (APVMA) and are applied in accordance with their registered label directions. We use the minimum effective quantity required to achieve pest control objectives.

4.5 Services Outside Scope

We are not responsible for structural repairs, building works, or preventive measures beyond the scope of pest management. If structural issues are contributing to a pest problem (e.g., gaps in roof allowing possum entry), we will advise you but are not responsible for rectifying such issues unless expressly agreed in writing.

5. Your Obligations

5.1 Property Access

You must ensure our technician has safe and unobstructed access to all areas of the Property that require inspection or treatment at the agreed appointment time. This includes, where applicable:

• Unlocking gates, doors, and storage areas
• Moving furniture, stored goods, or other obstructions if requested
• Providing access to roof spaces, subfloors, and wall cavities
• Ensuring pets are secured and not in treatment areas

If we cannot access the Property or areas necessary to perform the Services at the appointed time due to reasons within your control, we reserve the right to charge a call-out fee or the full service fee.

5.2 Accurate Information

You must provide us with accurate and complete information regarding:

• The type and extent of the pest problem
• Previous pest treatments carried out at the Property
• Any known hazards, health conditions, or sensitivities (e.g., chemical allergies, asthma, pregnancy) affecting occupants, including pets
• Any areas of the Property that must not be treated

We are not liable for any adverse outcomes arising from inaccurate or incomplete information provided by you.

5.3 Pre-Treatment Preparation

Prior to our technician’s arrival, you may be required to:

• Remove food, dishes, and utensils from surfaces in treatment areas
• Cover or store fish tanks and bird cages
• Remove or cover pet food and water bowls
• Vacate the Property during treatment and for the recommended period afterwards (as advised by the technician)
• Ensure children and vulnerable persons are not present during treatment

We will provide you with specific pre-treatment instructions relevant to the type of service. Failure to follow these instructions may affect the effectiveness of the treatment and may void any applicable warranty.

5.4 Post-Treatment Obligations

You must follow all post-treatment instructions provided by our technician, including:

• Remaining off-premises for the period specified
• Not cleaning or washing treatment surfaces for the period specified
• Reporting any adverse reactions or concerns to us promptly
• Not allowing unauthorised persons to disturb treated areas

5.5 Property Condition

You confirm that the Property is in a condition that allows safe access for our technician. You must inform us in advance of any known hazards, including electrical or structural issues, aggressive animals, or other safety concerns. Our technicians have the right to refuse entry or discontinue work if they consider it unsafe to proceed.

6. Fees, Pricing, and Payment

6.1 Service Fees

Our fees for Services are as quoted or as stated on our website (subject to change). All prices are in Australian dollars (AUD) and are inclusive of GST unless otherwise stated.

6.2 Payment Terms

Unless otherwise agreed in writing:

• Payment is due upon completion of the Service
• For large or commercial contracts, we may require a deposit of up to 50% of the quoted fee prior to commencement
• Invoices issued for ongoing service agreements are payable within 14 days of the invoice date

6.3 Accepted Payment Methods

We accept the following payment methods:

• Credit card and debit card (Visa, Mastercard)
• Bank transfer (EFT) — details provided on invoice
• Cash (on-site payment to technician)
• Online payment via our website or booking platform

6.4 Late Payment

If payment is not received by the due date, we reserve the right to:

• Charge interest on the overdue amount at the rate of 2% per month (compounding monthly) from the due date until the date of payment
• Suspend or withhold further services until all outstanding amounts are paid
• Refer the debt to a collection agency, in which case you may be liable for collection costs

6.5 Disputed Invoices

If you dispute an invoice, you must notify us in writing within 7 days of the invoice date, specifying the grounds for dispute. Undisputed amounts remain payable by the due date. We will investigate and respond to disputes within 14 Business Days.

6.6 GST

Where applicable, GST is charged on all Services in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Our ABN will be stated on all tax invoices.

7. Service Guarantees and Warranties

7.1 Service Guarantee

We stand behind the quality of our work. Many of our treatments come with a written re-service guarantee as specified in your service report or booking confirmation. The terms of the guarantee — including the period and conditions — will be communicated to you in writing at the time of service.

7.2 Guarantee Conditions

Our guarantee is subject to the following conditions:

• You have followed all pre-treatment and post-treatment instructions provided by our technician
• The property has not been re-infested from an external source after treatment (e.g., through new items brought into the property, or adjacent property infestation)
• You notify us of any persistent pest activity within the guarantee period within a reasonable timeframe
• The guarantee applies to the specific pest and treatment area covered — not to new or different pest issues
• Structural conditions contributing to the pest issue have not materially changed

7.3 ACL Consumer Guarantees

Nothing in these Terms limits, excludes, or modifies any consumer guarantee, warranty, or right that cannot be excluded under the Australian Consumer Law (ACL). Under the ACL, our Services come with guarantees that cannot be excluded, including that Services will be provided with due care and skill, and that they will be fit for purpose. If we fail to meet these guarantees, you are entitled to a remedy under the ACL.

7.4 Limitations

To the extent permitted by law, our liability for any breach of a term or condition implied by the ACL that cannot be excluded is limited to the re-supply of the Services or payment of the cost of having the Services re-supplied.

7.5 No Guarantee of Complete Eradication

While we will exercise all professional skill and care, we cannot guarantee the complete eradication of all pests in all circumstances. Pest management is an ongoing process that may require follow-up treatments. Re-infestation can occur due to factors outside our control. We will advise you honestly about the expected outcomes of any treatment we recommend.

8. Limitation of Liability

8.1 General Limitation

To the maximum extent permitted by applicable law (including the ACL), our total aggregate liability to you arising out of or in connection with these Terms or the Services — whether in contract, tort (including negligence), statute, or otherwise — is limited to the total fees paid or payable by you for the specific Service giving rise to the claim.

8.2 Excluded Losses

Subject to the ACL, we are not liable for:

• Any indirect, consequential, incidental, special, or punitive loss or damage
• Loss of profit, revenue, business, or opportunity
• Loss of goodwill or reputation
• Loss of data or damage to software or IT systems
• Any damage to property that is pre-existing or not directly caused by our negligence
• Any cost or damage arising from your failure to follow our pre-treatment or post-treatment instructions

8.3 Property Damage

We carry public liability insurance. If you believe that our technician has caused damage to your property in the course of performing the Services, you must notify us in writing within 48 hours of the completion of the Service. We will investigate all claims and respond within 10 Business Days. Claims notified outside this period may not be accepted.

8.4 Pre-existing Conditions

We are not liable for damage arising from pre-existing pest damage, structural deficiencies, or conditions at the Property that were present prior to the commencement of our Services. We recommend that you inspect your property for pre-existing damage before our technician arrives.

8.5 Force Majeure

We are not liable for any failure or delay in performing our Services due to circumstances beyond our reasonable control, including but not limited to acts of God, extreme weather, pandemic, government restrictions, industrial disputes, or infrastructure failures. In such cases, we will endeavour to reschedule the Services at the earliest practicable opportunity.

8.6 Chemical Sensitivities

While we use registered and approved products and will take all reasonable precautions, we are not liable for adverse reactions arising from undisclosed health conditions, chemical sensitivities, or allergies that you have not brought to our attention prior to the Service. You acknowledge your obligation under Clause 5.2 to disclose all known sensitivities.

9. Health, Safety, and Compliance

9.1 Licensed Technicians

All pest management activities are carried out by technicians who hold current licences issued under the Public Health and Wellbeing Act 2008 (Vic) and relevant Victorian pest management regulations. Copies of our licence documentation are available on request.

9.2 Chemical Handling

All chemical products are applied in accordance with their registered label directions as required by the Agricultural and Veterinary Chemicals Code Act 1994 (Cth). We hold required Safety Data Sheets (SDS) for all products used. SDS information is available to you on request.

9.3 Safety Instructions — Mandatory

9.4 Environment and Waste Disposal

We comply with the Environment Protection Act 2017 (Vic) and all applicable regulations regarding the storage, use, and disposal of pest control chemicals. We do not discharge chemicals into stormwater drains, waterways, or the environment.

9.5 Workplace Safety

Our technicians operate in accordance with the Occupational Health and Safety Act 2004 (Vic). If our technician identifies a safety hazard at your Property that poses a risk to them or others, they may decline to proceed with the Service until the hazard is addressed. This does not affect your obligation to pay any call-out fee that may apply.

10. Your Warranties and Representations

By booking our Services, you warrant and represent that:

• You are the owner of the Property or have the authority of the owner to permit pest control work to be carried out
• You have disclosed all relevant information about the Property, its occupants, and the pest problem
• You will comply with all pre-treatment and post-treatment instructions provided by us
• You will ensure the safety of our technician while at the Property
• All information provided in your booking or in connection with the Services is true and accurate
• You are at least 18 years of age

11. Intellectual Property

All content on our website, including text, images, logos, service descriptions, and treatment methodologies, is owned by or licensed to Martin Pest Control Melbourne and is protected by Australian copyright law. You may not reproduce, distribute, or use our intellectual property without our prior written consent.

Service reports and treatment documents provided to you may be used for your personal or business records but must not be reproduced for commercial purposes or provided to competitors.

12. Privacy

We collect, use, and disclose personal information in accordance with our Privacy Policy, which is available on our website at https://martinpestcontrol.com.au/privacy-policy/. By engaging our Services, you consent to the collection and use of your personal information as described in our Privacy Policy. Our Privacy Policy is incorporated into these Terms by reference.

13. Complaints and Dispute Resolution

13.1 Internal Complaints Process

We take all complaints seriously. If you are dissatisfied with any aspect of our Services or conduct, please contact us:

Please provide your name, contact details, booking reference, and a clear description of the issue. We will:

• Acknowledge your complaint within 2 Business Days
• Investigate the matter thoroughly and fairly
• Provide a written response within 10 Business Days
• Offer a remedy where we have failed to meet our obligations

13.2 External Dispute Resolution

If we are unable to resolve your complaint to your satisfaction, you may contact:

• Consumer Affairs Victoria: 1300 558 181 | https://www.consumer.vic.gov.au
• Australian Competition and Consumer Commission (ACCC): 1300 302 502 | https://www.accc.gov.au
• Victorian Civil and Administrative Tribunal (VCAT): For disputes involving amounts within VCAT’s jurisdiction

13.3 Governing Law and Jurisdiction

These Terms are governed by the laws of Victoria, Australia, and the Commonwealth of Australia. Any dispute that cannot be resolved by mutual agreement shall be subject to the jurisdiction of the courts of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of those courts.

14. Ongoing and Commercial Service Agreements

14.1 Scheduled Services

Where you have engaged us for ongoing or recurring pest management services (e.g., monthly, quarterly, or annual programs), the terms of the specific service agreement will apply in addition to these Terms. In the event of a conflict, the specific service agreement prevails.

14.2 Termination of Ongoing Agreements

Either party may terminate an ongoing service agreement by providing 30 days written notice. If you terminate the agreement without notice or within the minimum service period (if applicable), an early termination fee may apply as specified in your service agreement.

14.3 Commercial and Strata Clients

For commercial, strata, or body corporate clients, additional terms may apply as set out in a separate commercial service agreement. We may require a signed agreement before commencing commercial services.

15. Website Terms of Use

15.1 Use of Our Website

By accessing and using our website at https://martinpestcontrol.com.au, you agree to use it lawfully and for its intended purpose only. You must not:

• Use the website in any way that violates applicable laws or regulations
• Attempt to gain unauthorised access to our systems or data
• Upload or transmit viruses, malware, or other harmful code
• Scrape, crawl, or harvest data from the website without our written consent
• Use automated tools to submit forms or generate fake bookings

15.2 Website Availability

We do not guarantee that our website will be continuously available, error-free, or free from viruses or other harmful components. We reserve the right to suspend or withdraw the website at any time without notice.

15.3 Third-Party Links

Our website may contain links to third-party websites. These links are provided for convenience only. We do not endorse or take responsibility for the content, products, or services of linked third-party websites.

16. General Provisions

16.1 Entire Agreement

These Terms, together with any Quote, booking confirmation, or service agreement, constitute the entire agreement between you and us with respect to the Services and supersede all prior agreements, representations, and understandings.

16.2 Variation

We may update these Terms and Conditions from time to time. The version published on our website at the time of your booking applies. We will notify you of material changes before they take effect where practicable. Your continued engagement of our Services following any update constitutes your acceptance of the revised Terms.

16.3 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision is severed from these Terms and does not affect the validity or enforceability of the remaining provisions.

16.4 Waiver

A failure or delay by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. A waiver of any default is not a waiver of any subsequent default.

16.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights or obligations to a related entity or successor business without notice to you.

16.6 Notices

Notices under these Terms may be given by email, post, or in writing. Notices to us should be sent to info@martinpestcontrol.com.au. Notices to you will be sent to the email or address provided at the time of booking.

16.7 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and us. We operate as an independent contractor.

17. Contact Information

For all enquiries, bookings, complaints, or questions about these Terms and Conditions, please contact us:

These Terms and Conditions are governed by the laws of Victoria and the Commonwealth of Australia.

Martin Pest Control Melbourne  |  0435 073 966  |  info@martinpestcontrol.com.au  |  martinpestcontrol.com.au