TERMS AND CONDITIONS
Last updated: February 2020
Biological Health Services, ABN: 15152954142 trading as Dr Cameron Jones and Biological Health Services (“BHS”, we”, “our” or “us”) are committed to providing quality services to you.
This policy contains terms and conditions pertaining to:
- our services: “Service Terms and Conditions”; and
Service Terms and Conditions
This is a full and complete list of our Service Terms & Conditions and the client acknowledges that any printed Service Terms on brochures, flyers, or similar may be an abridged version of this primary list and that you have understood, accepted and agreed to all such terms and conditions.
- Overview of our services
- BHS will advise occupants about measured levels of visible and non-visible mould or particulate matter based on suitable scientific evidence being collected and analysed from the subject building/s.
- BHS has a policy mission statement for promoting scientific integrity. Scientific integrity refers to maintaining the quality and objectivity of the inspection and analytical tasks involved with indoor air quality and associated microbiological or other investigations. It is important that all results are written up so they are ethical, sound and worthy of the public’s confidence. All reports are therefore premised on a commitment to sound, objective science where findings are objective, credible, unbiased and transparent. Requests to fabricate, falsify or omit information or alter reports or data will not be tolerated and will be immediate grounds for contract termination on the grounds of client misconduct. We will also not abridge findings, conclusions or recommendations into "short summaries" for clients.
- Scope of work
- All advice regarding restoration or decontamination methods and/or strategies is premised on objective and full and accurate data and occupant history being collected, analysed and interpreted according to the scientific method. We report only on sampled data and will not make prejudicial findings, nor will we redact statements of fact as based on the data. All written discussions, conclusions and recommendations are based on all the sampled data as found on the day of the inspection. Inspections and lab services are provided with an acceptable level of care and quality.
- We do not provide extra provisions or express warranties unless agreed in writing on the Invoice and noted in any Service Terms.
- In all cases, it is preferable to perform an initial site inspection to collect data for a written report. This is likely to only include air samples and/or surface/swab samples with no destructive testing unless agreed in writing before the inspection. This is defined as the non-intrusive pre-remediation assessment. Following the delivery of the written report, a scope of works may be requested as an additional written report and submitted to the responsible authority concerning possible restoration methods to decontaminate the interior volume of mould and or water damaged building elements. It is always assumed that ‘source removal’ of water damaged and mould affected building elements along with the repair of any known defects must occur to minimise problems from mould. In some cases, clients could elect to perform immediate mould decontamination without carrying out suitable laboratory assessments. In these cases, the client may act on their own initiative and it should be acknowledged that we have no special authority to mandate that remediation occurs notwithstanding statements to this effect that may have been made by us.
- With regard to viable sampling and non-viable sampling and spore trap results and similar indoor air quality data and reports prepared for other parties: In cases where restorers/remediators/assessors/other trades are engaged (by the client), then interpretation of the data contained in any report is the responsibility of the client/assessor or restorer. BHS bears no responsibility for sample collection activities or analytical method errors, omissions or limitations. Interpretation and use of these results is the responsibility of the client. No recommendations or scope of works or personal safety recommendations are given or follow from these results except for use of the data contained in this report for the provision of personalized recommendations by the assessor. These recommendations are not to be assumed to be a detailed scope of works unless suitably annotated as such.
- All samples (swabs, direct samples, air-o-cell, tape-lifts, or any other matter for analysis) is only accepted on delivery at our Head Office (Level 1, 459 Toorak Rd, Toorak, VIC, 3142) address within normal business hours (8:30 am-5:30 pm Mon-Fri). No samples will be accepted at our lab address, which is a secure P1/2 facility for staff only. A chain of custody form must be completed for all samples accepted at our Head Office. Chain of custody forms will be supplied electronically on request. All samples must be lawfully obtained.
The client agrees to indemnify BHS and keep BHS indemnified against any loss, damage (including special or consequential loss or damage), costs (including legal fees), expenses, demands or liability for any claim by a third party or parties as a result of or arising from the client's use of the BHS report/interim findings/opinions or recommendations/implementation or scope of works other than in accordance with the terms of this agreement.
- Independence of parties
Nothing in this agreement constitutes either party (BHS or client) a partner agent, employee or representative of the other party or creates any trust, association or partnership at law or for any purpose whatsoever nor do the parties intend that their activities under this service terms agreement or other social linkage constitute a business, financial operation or venture.
- Remediators should implement all recommendations prepared by BHS according to industry best practices and bearing in mind that mould is microscopic and a biological system and therefore careful attention to the practical steps involved with remediation at all stages of the project is considered essential to achieve a safe and hygienic result.
- Indoor mould needs water to sustain it. In many cases, there are building defects that need complete and thorough repair to prevent continued water ingress or moisture build-up indoors. This may not be visible. At the time of inspection, we normally advise that all sources of water ingress or accumulation including plumbing defects or factors leading to elevated indoor humidity or condensation on internal windows, or rising or falling damp needs to be repaired at the same time or very shortly thereafter any decontamination works to minimise the likelihood of mould re-growth. What we mean by 'same time or very shortly thereafter' is within 1-3 days of any decontamination works or earlier if practicable. In some situations, generally with odour abatement service treatments, the underlying reason for odour/smells is due to general building disrepair and dilapidation. In these situations, where there is known to be or likely to be structural reasons for moisture ingress, odour abatement and other disinfection treatments may not be a long-term solution.
- On request, we can issue a post-remediation verification (PRV) or site decontamination lab report for mould decontaminated dwellings which is normally the final lab report. This provides written evidence that some decontamination works have occurred and states the date of this. This does not imply that mould will not re-grow since in some cases, the responsible authority has not elected to proceed with recommendations or implement any works scope, or this may be incomplete or they may have voluntarily elected to only proceed with partial restoration works.
- Items of personal property showing visible mould should be identified if known at the time of the assessment.
- Warranties and Guarantees
- We cannot guarantee any decontamination methods implemented by third parties will work or be effective against viable bacteria, yeasts, moulds, virus and other parasites. There is always the possibility that due to hidden mould behind walls or in inaccessible areas of the building that mould could re-grow. It is therefore advisable that all occupants and key stakeholders (property owners, tenants, property managers) take part in all stages of dialogue with us as we proceed with either mould inspections so as to identify all sources of water ingress or accumulation or other facts or building issues that are likely to impact on the effectiveness of remediation.
- We cannot guarantee that mould will not regrow if building defects, plumbing issues, moisture accumulation in floors/walls/ceilings/sub-floor/carpets/furnishings etc. or other recommendations are identified and not completely repaired, dried or followed. Further, we cannot guarantee that odours/smells due to volatile organic compounds (VOC's) will be neutralised if the underlying building structural issues are not professionally dealt with using suitable professional personnel/trades. Mould remediation aims to get the home/building back to a ‘normal mould ecology indoors’ and although every effort will be made to highlight Standards and Guidelines for practical cleaning, in the event that post-remediation verifications fails for whatever reason, the client acknowledges that further remedial works by their appointed contractor will attract additional costs for assessments and additional interim or PRV’s. No guarantees are provided that mould remediation will be successful and especially where previous recommendations have been made that have not been approved or implemented by the client.
Copyright to any written reports or documents remains with the author. Full payment to all written materials and reports including lab analysis, results, quotations, recommendations and service methods, scope of works, pre- and post-remediation verification lab reports, expert witness reports, desktop reviews, etc. is required before release to client for use in any way.
- Scheduling for jobs and other services is preferred via email. In the event that dates are arranged via telephone or SMS or other Direct Messaging platform or in-person verbally, then this method is confirmation of your booking with us.
- In the event that scheduled works or services are cancelled, hindered or interrupted within 48hrs of the scheduled date, you acknowledge that you are liable to pay a non-refundable amount of 50% of the agreed full-service contract. Cancellations within 24hrs will be charged the full quotation sum. All lab work, data analysis of samples and/or forensic testing fees once the project has been agreed to start that are in writing between the parties are non-refundable after we are engaged on your project and it has begun.
- Quoted service delivery to a set number of buildings/units/room volumes etc may have defined minimum numbers for quoted service delivery. Any reduction in number will attract the full-service fee regardless of implementation.
- Delivery of Services
- Reports are generally delivered approx. 2-4 business weeks after inspection and data/sample collection or sample delivery to our office and the time-frame for report delivery depends on the volume of current work and other factors such as the urgency of results and their implications. Your patience is appreciated. Note that at the conclusion of all inspections a verbal summary is provided of information that is available at the time of data/sample collection. Interim findings are not generally provided. However, interim findings may be provided on request and charged at an hourly rate for document preparation if any initial sampling suggests there is a health and safety issue that should be actioned by any party. Such interim findings are 'partial findings' and as such are provided only on a 'without prejudice' basis since we always prefer to analyse all data prior to making any comment on all the data or implications of such data. It is acknowledged by the client that interim findings may not accurately reflect the level of environmental contamination or level of risk and you agree to be bound by the general indemnity provisions of clause 3. Therefore, full and final reporting of sampled data by way of a 'final written report' is always required, and the client cannot elect to stop lab analysis of already collected samples at the interim reporting stage. Accelerated reporting is usually possible for an additional fee. Please discuss your time-table at service outset. It should also be noted that payment delays will automatically result in additional delays with regard to report finalisation due to the fact that time to prepare reports is only scheduled from the date of payment.
- In the event that any written report we have already supplied to the client requires formatting modifications for other audiences, then such modifications and additions are charged at an hourly rate (example: Expert Evidence submissions).
- Mail order lab tests must be promptly returned within a reasonable time frame expected for environmental microbiology samples that is normally 7-days by the client for analysis after receipt. If the mail-order testing services (perishable items/test media) are cancelled after the testing kits have been shipped out or collected, please note that no refunds are provided for any reason. Further details from mould.net.au
- Due to COVID-19, there may be additional fees for PPE for all on-site inspections.
- Payment for services
- Payment for services is agreed to be immediately on completion of data collection/sampling or works implementation and delivery of written materials for expert witness/legal reports or client use will only occur on payment in full of all invoices prior to document release. For onsite inspections payment is required at the completion of sample collection in full on the day. Parking fees will be charged as required at cost. If the balance of payment is not made then the report is considered abandoned and no further work will be performed, nor will refunds for work already done be given, nor will such incomplete or completed reports/data/or any other further information be provided to the client and debt recovery action will be launched. In the event that there is a foreseeable health and safety risk we may forward any reports/results/recommendations onto relevant authorities for action to minimize harm to the community without your consent.
- Quoted prices for Services are all exclusive of goods and services tax (GST) and GST will be levied on all invoices.
- Payment is only acceptable via Credit Card, EFT or Bank Cheque. No cash will be accepted. A $35 dishonour fee will apply for any credit card transactions that are declined due to insufficient funds. All EFT transactions will need to send through proof of funds deposit within 24-hrs of service.
- In the event of non-payment within 7-days after data collection at site or service start and/or completion as applicable according to the service terms agreement, or failure to pay deposit or balance in full as agreed, you acknowledge that we may use third-party debt collection services or other avenues of legal redress including VCAT or other to collect monies owing. Failure to pay submitted invoices for works will also result in (i) your account being referred to an external collection agency, (ii) the listing of a payment default with a credit reporting agency, (iii) a charge being taken out over your title and (iv) listing this matter with VCAT or similar legal channels. You further acknowledge that you will agree to pay all costs associated with such recovery actions and services.
No refunds apply once inspections, assessments or lab work (defined as ‘the project’) have occurred. In the event the client wishes to abandon the reporting of results, then the client is still liable for the full cost of the project.
- Limitation of services
- The client acknowledges that you have engaged BHS to provide an unbiased, objective and scientifically defensible survey of the situation and that any written reports or recommendations that follow are developed and based only on the 'field data' as recovered and documented from visual inspection, indoor air quality, environmental, aerobiological, biochemical, microbiological or molecular/DNA and/or other sampling methods that have been applied generally only within selected habitable room volumes. Unless agreed on in writing, or as part of verbal instructions onsite as part of site walk-through, no destructive testing within walls, in ceilings or under floors will be performed as part of the first assessment. You further acknowledge that you agree for us to use digital photography and video to document your home, building and contents and for the purpose of highlighting features or regions of interest and for educational or instructional content on the internet and on social media sites and/or for illustration of reports and to link such data with locational features and that such documentation may compromise your privacy.
- This website or documents arising from our lab inspections or other consulting services for you, the client, may contain general information about medical conditions and treatments. This information is not advice, and should not be treated as such. It is provided “as is” without any representations or warranties, express or implied. You must not rely on the information on this website or in documentation we provide to you as an alternative to medical advice from your doctor or other allied healthcare providers. If you have any specific questions about any medical matter you should consult your doctor or other allied healthcare providers. If you think you may be suffering from any medical condition you should seek immediate medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website or arising from documentation or verbal statements we may provide to you.
- In many cases, we are asked whether a particular property is fit or unfit for habitation. Our reports will in all cases detail exactly what has been inspected, measured and evaluated and against what standards, guidelines or expert academic reference works were used to compare your data against. In all cases, the defect/s that may contribute towards a claim of unfitness would need to be generally proven/supported with one or more expert witness declarations in addition to what we may be able to provide. You acknowledge that any decisions regarding the unfitness or otherwise of a particular property is your responsibility and that you may need other expert advice and evidence to justify your claim.
- Scope of works for OH&S management of mould and air quality remediation at specific building areas are written based only on the data contained and analyzed in a formal lab report for the specified building area. Any deletions or substitutions of recommended tasks or methods by the client will void such recommendations. Transference of written scope of works to similar buildings or adjacent areas that have not been tested will also void such recommendations.
- Due to COVID-19, there could be supply chain delays or other factors that limit our ability to service our clients or cause unexpected delays. This applies to onsite inspections, consultancy, expert witness and mail-order testing kits and services. We appreciate your understanding during these difficult times.
- OH&S Legislation
- OH&S legislation exists to ensure that workers and other persons can operate in a safe environment. Organisations have an obligation to maintain equipment and to put into place strategies to prevent injuries and control hazards in the workplace. It is a requirement for all duty holders to consult with others and to take reasonably practicable steps to eliminate or minimise risk. Early reporting and early identification of serious OHS risks are essential to being proactive. Notwithstanding clause 14, you acknowledge that any inspections we may undertake at any building or site controlled by you the client with regard to quantifiable levels of mould/bacteria/yeast/mycotoxin levels may impact on other persons. This impact or potential for adverse impact may occur due to a failure to inform of immediate risks or a failure to implement mechanisms for the control of microbial contamination or potential for risk from related building-specific factors. You acknowledge that we may at our discretion inform other persons reasonably likely to need to know about the contents of our reports and that this may breach your privacy. This is especially important for landlord/tenant or management/staff situations as well as WorkSafe or similar appropriate authorities. You further acknowledge that we consider unsafe workplaces (and homes) under one of the nine reportable conduct types included in the Australian Standard AS8004-2003 Whistleblowing Protection Programs for entities.
- Ownership of samples
All biological samples will be autoclaved after analysis or disposed of as biological waste or in some cases may be stored permanently as reference cultures or viable and/or non-viable cultures/samples having biotechnological or other intellectual property significance. The client acknowledges that all biological environmental samples from the time of sample acquisition become the property of BHS and that the client agrees to waive all current and future rights to ownership of any isolated cell lines or biological material components. These isolates are added to the Biobank and may be used for research or other commercial purposes.
- Obtaining and sharing footage
Social engagement and education is an important component of our customer service efforts. We reserve the right to take photographs, video and audio during any aspect of our work on any job site and engage with any persons we may interact with during the course of our work and you acknowledge that we may share these without notification to you on various different social media platforms. This footage does not contain personal information, as it is defined under the Privacy Act 1988.
- Strategic business relationship engagements
From time to time, BHS or Dr Cameron L Jones may enter into strategic business relationships defined as Brand Ambassador or Social Media Influencer with various entities. A style guide is available from us that specifies how such entities should refer to this relationship in all digital and print media.
- Consumer rights principles are important to us, and in the event that you experience a problem, please contact us to discuss. Unresolved disputes will proceed to mediation as required for resolution.
- This Policy
This website and any associated websites (“the Website”) are operated Biological Health Services, ABN: 15152954142 (“BHS”, “we”, “our” or “us”) and are available at www.drcameronjones.com and www.biologicalhealthservices.com.au and may be available through other addresses or channels.
The Website is our platform wherein we advertise our services. In summary, our services include:
- onsite water damage and mould inspections/assessments
- accepting air and mould samples for analysis as a contract lab; and
- providing expert witness and desktop reviews of reports as part of dispute resolution.
Our full service terms and conditions form part of this document.
We may, at any time and at our discretion, vary these Terms by publishing the varied terms on the Website. We recommend you check the Website regularly to ensure you are aware of our current terms. Materials and information on the Website (“Content”) are subject to change without notice. We do not undertake to keep the Website up-to-date and we are not liable if any Content is inaccurate or out-of-date.
- Licence to Use the Website
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use the Website in accordance with these Terms. All other uses are prohibited without our prior written consent.
- Prohibited Conduct
You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to the Website; which we would consider inappropriate; or which might bring us into disrepute, including (without limitation):
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(b) using the Website to defame, harass, threaten, menace or offend any person;
(c) interfering with any user using the Website;
(d) tampering with or modifying the Website, knowingly transmitting viruses or other disabling features, or damaging or interfering with the Website, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Website;
(e) using the Website to send unsolicited email messages; or
(f) facilitating or assisting a third party to do any of the above acts.
- Exclusion of Competitors
You are prohibited from using the Website, including the Content, in any way that competes with our business.
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
- Intellectual Property Rights
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in the Website and all of the Content. Your use of the Website and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to the Website or the Content. You must not:
(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with the Website or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
- User Content
You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Website. By making available any User Content on or through the Website, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Website.
You agree that you are solely responsible for all User Content that you make available on or through the Website. You represent and warrant that:
(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of the Website will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
- Third party sites
The Website may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
We may, at any time and without notice to you, discontinue the Website, in whole or in part. We may also exclude any person from using the Website, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
- Warranties and disclaimers
To the maximum extent permitted by law, we make no representations or warranties about the Website or the Content, including (without limitation) that:
(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(b) access will be uninterrupted, error-free or free from viruses; or
(c) the Website will be secure.
You read, use and act on the Website and the Content at your own risk.
- Limitation of liability
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of the Website and/or the Content and/or any inaccessibility of, interruption to or outage of the Website and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of the Website or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Your use of the Website and these Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
The Website may be accessed throughout Australia and overseas. We make no representation that the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access the Website.
- Contact for notices
Biological Health Services, ABN: 15152954142
Email: [email protected]