Our Service Terms & Conditions are as follows for Biological Health Services (BHS):
1. We will advise occupants concerning quantifiable visible and non-visible mould or particulate matter based on suitable scientific evidence being collected and measured at the premises. A guide to our fee structure is available from our page titled "Laboratory Fees and Consulting Services".
2. BHS has a policy and procedure 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 such 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.
3. All advice regarding 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, lab services or decontaminations 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.
4. 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.
5. 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.
6. 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 inspection. Following delivery of the written report, a scope of works may be submitted to the responsible authority concerning possible methods to decontaminate the interior volume. In all cases, works will not proceed without written authorisation. In some cases, clients will elect to perform immediate mould decontamination without carrying out laboratory assessment. In these cases, the client will be advised that decontamination services are provided only based on the initial site inspection and that no quantitative assessments were carried out.
7. 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/assessor/other trades are engaged (by the client), then interpretation of the data contained in any report is the responsibility of the client/assessor. 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 Scope of Works unless suitably annotated as such.
8. 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.
9. 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.
10. On request we can issue a site decontamination certificate 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 a complete works scope, but has voluntarily elected to only proceed with partial decontamination works. This will always be highlighted in our written correspondence with the responsible authority. In most cases this will take the form of a pots remediation verification lab report with data.
11. We guarantee our decontamination methods to be effective in killing >99.99% of viable bacteria and mould based on kill threshold results obtained with commercially available biological indicators. 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 stake holders (property owners, tenants, property managers) take part in all stages of dialogue with us as we proceed with either mould inspections and/or mould decontamination so as to identify any sources of water ingress or accumulation or other facts or building issues that are likely to impact on the effectiveness of treatment.
12. We cannot guarantee that mould will not re-grow 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 Trades. Mould remediation aims to get the home back to a ‘normal mould ecology indoors’ and although every effort will be made to follow Standards and Guidelines for practical cleaning, in the event that post remediation verifications fails for whatever reason, the client acknowledges that further remedial works will attract additional costs. No guarantees are provided that mould remediation will be successful and especially where previous recommendations have been made that have not been approved for implementation by the client.
13. When performing aerosol/gas/air scrubbing/UVGI/Steam/etc. mould decontamination works it is necessary that the occupants have all indoor areas accessible, tidy and free of mouldy items of personal property. Items of personal property with visible mould should not be returned to the indoor environment to minimise the likelihood of indoor re-infection/cross-contamination.
14. Following aerosol/gas decontamination/other recommended works, the occupants need to undertake to regularly clean the premises, maintain adequate indoor ventilation with fresh air and follow any specified recommendations (e.g vacuuming with a HEPA filter vacuum, vent cleaning, use of liquid disinfectant, etc).
15. Many of the room-based methods we employ for odour neutralisation, microflora disinfection and growth retardation are dangerous. For example, ultraviolet germicidal irradiation (UVGI) uses wavelengths of light that are germicidal to bacteria/fungi/virus pathogens and damaging to human eyesight. For this reason, we require all persons and pets to not be inside the home or facility while works are undertaken. Another example, involves application of ozone vapour. This is a lethal gas, and all persons and pets cannot be allowed entry under any circumstances until BHS personnel allow occupants to return. Whenever room-based decontamination occurs, the occupants or clients must provide key access for the duration of the project. A decontamination work plan is developed for each property and will be affixed to the front doorway along with appropriate Hazard signage. It is to be understood that while decontamination works are occurring, BHS has effective site control. The principal, client or owner agrees to indemnify BHS of any claim arising out of our need to assume site control for health and safety of BHS personnel and restriction of access for other persons.
16. “Make Safe Works” are defined as decontamination methods applied to render a defined surface, object or room volume reasonably safe for entry or use by persons. Make safe works do not imply that mould will not return if underlying building defects are not rectified. The aim of make safe works are to minimise harm to persons through exposure to unreasonable levels of mould. It is the responsibility of the title holder/landlord/stakeholder in control to proactively address building defects and implement rectification at the same time or soon thereafter that will address moisture ingress or accumulation problems that may foreseeable give rise to conditions favouring mould growth even after make safe works. Make safe works are usually not intended to be full mould decontamination works.
17. All meth pre- and post-testing, mould pre- and post-testing and cleaning/decontamination services are pre-paid or on invoice prior to submission for lab testing. No clandestine drug or mould remediation/decontamination work will be undertaken without payment in full before service. Final reports will not be released until payment is made in full and are unconditional.
18. Unless otherwise agreed, you are responsible for collecting hire equipment from our premises. The costs of preparing, loading and transporting the hire equipment will be at your expense. You are liable for and indemnify us against all liability, claims, damage, loss, costs and expenses (including, without limitation, legal fees, costs and disbursements on a full indemnity basis, whether incurred or awarded against us and any environmental loss, cost, damage or expense) in respect of: (a) personal injury; (b) damage to tangible property; or (c) a claim by a third party, in respect of hire or use of the equipment or your breach of these Service Terms and Conditions. The required fees must be paid prior to or on the commencement date of the hire period. A cancellation fee may be charged by the owner where equipment has been reserved by booking and the hirer cancels the booking without reasonable notice or fails to take delivery of the equipment. The hirer further agrees that the use of the equipment carries with it dangers and risks of injury and the hirer agrees to accept all dangers and risks. The equipment shall not be used by anyone other than the hirer without the express written permission of the owner. Any damage to the equipment caused wilfully or accidentally or through malfunction or due to electrical equipment is the hirer’s liability and the hirer must take adequate precautions. The hirer will be charged for any repairs required to the damaged equipment. The hirer agrees that the equipment has been received by the hirer clean and in good working order; and the hirer agrees not to in any way part with possession of the equipment, nor assign this hire contract, nor remove or relocate the equipment without the prior approval of the owner. Further details from the dedicated hire portal of our business at: heparentals.com.au.
19. Copyright to any written reports or documents remains with the author. Full payment to any written materials and reports is required before release to client for practical use.
20. Copyright to all written materials including reports, lab analysis, results, quotations, recommendations and service methods, scope of works, pre- and post-remediation verification lab reports etc. rests with Biological Health Services and Privacy Provisions will be enforced for disclosure to third parties without written consent.
21. 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 of any Invoices in full prior to document release. For onsite inspections payment is required at the completion of sample collection in full. Parking fees will be charged as required at cost. If 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.
22. Quoted prices for Services are all ex. gst and gst will be levied on all invoices.
23. 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.
24. Scheduling for jobs and other services is preferred via email. In the event that dates are arranged via telephone or SMS or in person verbally, then this method is confirmation of your booking with us.
25. 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 or decontamination works 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.
26. 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.
27. 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 pay all costs associated with such recovery actions and services.
29. Reports are generally delivered approx. 2-3-4 business weeks after inspection and data/sample collection or sample delivery to our office and the time-frame for report delivery depends on 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.
30. 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).
31. 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 (8:30am-5:30pm 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.
32. 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, a 50% refund will be applied to the unused kit, minus the shipping and handling fee. All requests for refund must be applied for within 7 days of the initial order. After 7 days, the entire cost of the test is non-refundable. Further details from mould.net.au.
33. No refunds apply once inspections (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.
34. If subfloors and building interiors are to be decontaminated/sprayed, then all power to the property will be turned off at the meter box. Sometimes application of subfloor and in-room-volume decontaminates in the liquid or vapour phase may cause electrical tripping of RCD's or similar. This can occur if existing electrical conduits can admit moisture or are already malfunctioning. You (the client) acknowledge that in the event that power does not function as expected after decontamination, that you will need to engage an electrician to address any malfunctions that may have been caused by our decontamination sprays.
35. All scheduled works time lines contain a fail-safe margin of error so all estimates for service delivery are approximates only and are designed to ensure that effective germicidal results are achieved well within the nominated works schedule per area or room volume.
36. Any items of personal property that are intended to be decontaminated must be left in the room or area that is to be decontaminated. BHS is not liable for moving items of personal property from other buildings or locations to the decontamination zone for treatment. Selection of items of personal property that require decontamination is ultimately the decision of the owner. You acknowledge that there are no published guidelines that determine what items of personal property are or are not contaminated. Any recommendations we have given that are based on quantitative evidence are to be used as a 'guide only' to allow the client/owner to make a more informed decision regarding the potential for mould or spore contamination and to decide on what porous personal property should be cleaned or discarded. It is recommended that when in doubt, throw it out.
37. 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 initial testing. You further acknowledge that you agree for us to use digital photography or 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.
38. 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. Not withstanding Point #28, 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.
39. 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 information on this website or in documentation we provide to you as an alternative to medical advice from your doctor or other professional healthcare provider. If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare provider. 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.
40. 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 experts advice and evidence to justify your claim.
41. 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.
42. 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.
43. 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.
44. We maintain a policy on the use, retention and storage and disposal of sensitive information and personal data. Its aim is to ensure that BHS complies with the Data Protection Act 1998 and that sensitive business information is protected from unauthorised access, dissemination, alteration or deletion. Potentially high risk personal data or sensitive business information or the like submitted to us for appraisal or stored on portable computing devices or in hardcopy format is not keep if we do not need it and it will be destroyed at our discretion.
45. Social engagement and education (also known as #edtech) 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 jobsite 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.
46. 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. The Style Guide defined here: https://www.biologicalhealthservices.com.au/style-guide/ specifies how such entities should refer to this relationship in all digital and print media.
47. 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.
Last Reviewed: 06/04/17