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KEEKÏ PROPERTY STYLING

TERMS & CONDITIONS

The client and keekï Property Styling agree:

Preliminary

  1. The client has selected the package as outlined in the agreement and agrees with keekï Property Styling to conduct the following work:
      1. Provide home staging and property styling services to the Client at the premises for the agreed term of this contract and in accordance with this contract and any special conditions agreed between the parties.
      2. Supply, rent, style and stage display stock to and at the premises in accordance with the quotation accepted by the Client.
      3. Collect and/or replace any defective or malfunctioning stock within 3-7 days after the Client notifies keekï Property Styling of the defect or malfunction.
      4. Deliver and Pick up home staging stock to and from the premises as required during the initial term or extended term of this contract.
      5. Perform any other service that keekï Property Styling included in the quotation accepted by the Client.
  2. The client authorises keekï Property Styling, her employees, contractors and agents and staff to:
      1. Enter the Property at all reasonable times for the purpose of undertaking the Work;
      2. Install and place furniture and goods on the Property;
      3. Install permanent fixings (hooks / screws) for the purpose of hanging art and mirrors;
      4. Move or remove existing furniture and goods on the Property (whilst every duty of care will be conducted, please know we are not removalists, we are not insured for any accidental damage to your property);
      5. To do all other things reasonably necessary to undertake the Work.
  3. The client agrees to ensure that:
      1. Provide unrestricted access for keekï Property Styling to the premises during normal business hours in accordance with this contract.
      2. Pay keekï Property Styling’s fees and display stock rental charges, including any due interest, strictly in accordance with the quotation signed by the Client and this contract, including for any extension of the initial contract term, by the due date.
      3. Pay any tax invoice rendered by keekï Property Styling under this contract irrespective of whether the staged property sells or is taken off the market before the completion of the initial term or any extended term.
      4. Be ready; Electricity connected, property cleaned and all items specified on your quotation to be removed, be removed prior to our arrival on install day. If the property is not ready and clean ready for install and photography, we have the right to postpone the install to a time when you are prepared.
      5. Return keekï Property Styling’s stock at the conclusion of this contract, including on termination of the contract by either party, in accordance with the terms and conditions of this contract. This is an essential term the breach of which will entitle keekï Property Styling to claim damages for any financial loss suffered.
      6. Safeguard and protect keekï Property Styling’s display stock while it is in the Client’s possession.
      7. Meet keekï Property Styling’s reasonable costs of cleaning any stock that requires cleaning (excluding cleaning required as a result of normal use) upon the return of the stock to keekï Property Styling.
      8. Pay for any damage to stock while in the Client’s possession excluding any accidental damage caused during delivery and pick up.
      9. Indemnify and protect keekï Property Styling in respect of any liability keekï Property Styling may incur to meet and pay legal costs and/or third party costs and expenses due to any default and/or breach by the Client of any of the terms or conditions of this contract including costs incurred in prosecuting successful legal proceedings against the Client.
      10. Respond promptly to any communication received from keekï Property Styling via phone, post and email.
      11. The client shall pay any invoice rendered by keekï Property Styling strictly within fourteen (14) days of receipt of the invoice. An administration fee of 3.9% will be added onto overdue amounts until the full invoice and interest charge has been paid. A further 1% interest will be charged at 342 days. This is an essential term of the contract.
  4. Term
      1. The contract commences on the day stated within Invoice (Start Date).
      2. The initial term of the contract is specified in Invoice (Initial Term), minimum 4 week hire period with week 5 to 6 complimentary. With no refunds for unused time.
      3. Weekly styling continuation from weeks 7-12 is charged at 10% of the initial styling fee per week.
      4. Extensions beyond 12 weeks are subject to stock availability, revised pricing and keeki approval.
      5. Extensions fees are automatically invoiced and payable 2 weeks in advance. No refunds are provided for unused extension periods. To cease extensions inform us in writing no later than 7 days prior to extension expiry.
      6. A minimum of 3 business days' notice is required for collection following an extension period.
      7. Failure to pay extension fees may result in immediate collection of furniture and styling items.
      8. A collection and administration fee of $350 applies where furniture is removed due to non-payment, in addition to any outstanding extension charges.
  5. Contract price and payment terms
      1. The client will pay the rental for the display stock for the term as outlined in the quotation.
      2. The client will pay the additional rental for the display stock for any extended term.
      3. The total rental for the initial term is stated in Invoice (Total)
      4. The payment timetable and payment options for payment of the total rental is stated in Invoice (Payment Options)
      5. Any additional rentals for an additional term will that which is agreed in writing between the parties.
      6. The rental for the initial term is non-refundable and non-adjustable once this contract has been executed and the display stock delivered to the premises.
      7. The client is not entitled to any discount or refund of the total rental if this contract is terminated before expiry of the initial term.
      8. The client is not entitled to any discount or refund of any additional rental payable for an additional term if the contract is terminated before expiry of the additional term.
      9. The client shall pay any invoice rendered by keekï Property Styling strictly within fourteen (14) days of receipt of the invoice. This is an essential term of the contract.
      10. The additional rental payable by the vendor for any additional term is that stated in Invoice (Additional Term).
  6. RealFlow Finance Deferred payment offering 
      1. The RealFlow finance portal is a separate entity to keeki Property Styling, all information entered is requested by RealFlow.
      2. Pay Later applications are subject to RealFlow’s eligibility criteria
      3. Pay Later offerings are entered into with RealFlow and are a credit contract between RealFlow and the client, binded by RealFlow’s own terms and conditions.
      4. Any client deferred loan repayments are payable to RealFlow
      5. Any additional Pay Later funds the client has added to the approved application to fund preparation of the property will be transferred from RealFlow to the client.
  7. Delivery and pick up of display stock
      1. The Client must arrange access for keekï Property Styling to the premises for the delivery and pick up of the display stock.
      2. The Client agrees that keekï Property Styling has the right to nominate a day and time convenient to keekï Property Styling for the delivery/pick up of the display stock.
      3. keekï Property Styling will take reasonable steps and care to arrange delivery and pick up days and times that also suit the Client or Client’s agent but without limiting keekï Property Styling’s right under clause 7 (b).
      4. In the event that keekï Property Styling is unable to gain access for any reason, the Client shall pay all additional costs incurred by keekï Property Styling for the re-delivery or re-pick up of the display stock and keekï Property Styling may invoice the Client for such costs.
      5. Any tax invoice delivered to the Client under clause 7 (d) shall be paid by the Client within fourteen (14) days of receipt.
      6. In the event that during pick up keekï Property Styling notes any damage to any item of stock, such damage must be noted and brought to the attention of the Client as soon as practicable.
      7. In the event that this contract is terminated by the Client, the Client must arrange the return of the display stock to keekï Property Styling during normal business hours unless keekï Property Styling agrees to pick up the stock from the premises and the Client agrees to pay keekï Property Styling’s pick up fee.
  8. Client’s obligations while display stock remains on vendor’s premises
      1. The Client rents the display stock from keekï Property Styling whilst the display stock is staged on the premises and until the display stock is returned to keekï Property Styling.
      2. The Client never acquires any ownership of the display stock.
      3. At the conclusion of the initial term or any extended term the Client shall return the display stock to keekï Property Styling or allow access to keekï Property Styling to collect them.
      4. Once the display stock has been staged at the premises the Client must not move the stock from the premises without the prior written consent of keekï Property Styling and must remain in the Client’s sole possession.
      5. If the display stock or any part of the stock is removed from the premises without keekï Property Styling’s prior written consent, this will be deemed an unlawful conversion and/or illegal misappropriation of the stock and appropriate legal action may be taken against the Client.
      6. The Client must keep the display stock in good order and condition, allowing for fair wear and tear and the Client is responsible for any damage to the display stock.
      7. If any of the stock is damaged whilst in the Client’s possession, the Client must pay keekï Property Styling on demand a sum equal to the reasonable market cost of repairing or replacing the damaged items of stock.
  9. Termination and repossession rights and obligations
      1. keekï Property Styling may terminate this agreement forthwith and repossess the display stock if:
        1. any money owing under this agreement is due and remains unpaid for more than 14 days following receipt of a demand for payment by keekï Property Styling; or
        2. the client breaches or is in default under any of the other terms of this agreement and fails to remedy the breach or default within 7 days of receiving a notice of breach or default from keekï Property Styling;
        3. The Client breaches any essential term of the contract;
        4. The Client becomes bankrupt or has an administrator, receiver, provisional liquidator, liquidator or other external controller appointed to it.
      2. If this agreement is terminated before the expiration of the initial term or before the expiration of an extended term, keekï Property Styling shall render a final tax invoice to the Client and the Client shall pay all outstanding and due invoices within fourteen (14) days of receipt of the final invoice.
      3. In the event of this agreement being terminated under this clause the Client must promptly return the display stock to keekï Property Styling or make the stock available for collection by keekï Property Styling on a day and at a time specified by keekï Property Styling.
      4. In the event that the Client breaches clause 9 (g), the Client consents to keekï Property Styling or his/her agents gaining entry to the premises, or gaining entry to any other premises where keekï Property Styling believes the display stock is located, whether the Client is present or not, and to use such force as is necessary in order to repossess the display stock.
      5. The client will make no claim against keekï Property Styling or his/her agents for damage arising out of or in connection with repossessing the display stock under clause 9 (g).
      6. The Client will pay keekï Property Styling all costs and charges (including all legal costs on an indemnity basis) incurred by keekï Property Styling or his or her agent’s incidental to repossessing the display stock.
      7. In the event that the display stock or any item of the display stock cannot be repossessed by keekï Property Styling or its agents within 21 days of the Property Stylist delivering a written notice of intention to repossess the display stock to the Client, the display stock will be deemed lost, stolen or destroyed and keekï Property Styling may take legal action against the Client to recover the retail price of the display stock that would have been charged had the Client purchased the display stock on the date of this agreement.
      8. The repossession notice referred to in clause 9(k) may be delivered to the Client in person, or to the client’s selling agent or by sending it by registered mail to the Client’s address as stated in this agreement.
      9. If this agreement is terminated by either party before the expiry of the initial term or any extended term, the Client must pay keekï Property Styling all amounts due under this agreement that remain unpaid at the time of termination.
  10. Limitations on liability of keekï Property Styling and exclusions of liability
      1. The only contractual warranties provided by keekï Property Styling are the statutory ones provided under the Australian Consumer Law that are implied into this agreement and cannot be excluded by keekï Property Styling.
      2. Apart from these statutory warranties that cannot be excluded, keekï Property Styling accepts no liability to the Client whatsoever if the Client fails to achieve a sale of the property before the expiry of the initial rental term or any extended rental term of the display stock or a sale at the price desired or expected by the Client.
      3. keekï Property Styling shall not be liable for any injury, damage or loss suffered by the Client, by any agent of the Client or by any person or prospective buyer invited upon the premises by the Client or the Client’s agent whilst the display stock is staged on the premises other than injury, damage or loss caused by keekï Property Styling’s own negligence.
      4. The Client shall not make any claim against keekï Property Styling for damages in respect of property or personal injury sustained as a result of any use, malfunction, defect or breakdown of the Goods or any of them and indemnifies keekï Property Styling against, and releases keekï Property Styling from all claims, actions, demands or suits directly arising out of or connected with the use, malfunction, defect or breakdown of the Goods.  This clause does not merge on completion or termination of this agreement.
      5. keekï Property Styling will not be liable for any damage caused to the premises by wall hooks inserted into the wall for the purpose of hanging artwork/s and keekï Property Styling is not responsible for the removal of such wall hooks or for the repair of any holes in the walls caused by use of the hooks.
  11. Insurance
      1. Any loss or damage shall be the Client’s responsibility.
      2. The Client acknowledges that the insurance policy offered by keekï Property Styling at the time making this agreement will only cover damage, destruction or loss of the goods due to fire or theft. In the case of theft, it must be reported to the Police and keekï Property Styling with 12 hours of disappearance.
      3. The Client must pay an excess of $1,000 for any claim made on an insurance policy by keekï Property Styling.
      4. Client to arrange Client’s own insurance cover to protect keekï Property Styling’s stock against the risk of loss or damage other than the risk covered by keekï Property Styling’s own insurance cover as provided for in clause 11 (a) of this contract and provide evidence of such insurance cover to keekï Property Styling if so requested.
      5. keekï property styling charges a 10% Damage Waiver on all goods hired. The cover extends to accidental damage, malicious damage by third parties and theft. If loss or damage occurs in excess of $300, or 10% of the replacement cost of the goods (whichever is higher) client pays keekï Property Styling the balance of the retail price of the goods, being the price that keekï Property Styling would have charged the Client had the Client purchased those Goods at the date of this agreement. After this payment has been made, the lost, stolen or destroyed Goods will be deemed to have been returned to keekï Property Styling and this agreement will terminate in respect of them.
      6. Continue to pay monthly rental instalments as recalculated by keekï Property Styling in respect of any Goods remaining in Client’s possession that are subject to this agreement and that are unaffected by this clause
  12. Intellectual Property
      1. keekï Property Styling reserves the right to take photographs and videography of the Property and of the Work. The rights to the photographs and recordings shall solely be held by keekï Property Styling, and keekï Property Styling reserves the right to use the photographs for any purpose she sees fit, including but not limited to promotional purposes.
        The Client may opt out of the use of these images for external promotional purposes by indicating in the Agreement.
  13. Frustration of contract
      1. In the event that keekï Property Styling is rendered unable, wholly or in part, to comply with her obligations under this Agreement by reason of act of God, accident, civil disorder, terrorist act, strike or lockout of workmen, bad weather or by any other event or circumstance not within the control of keekï Property Styling, keekï Property Styling’s obligations under this Agreement shall be suspended for such time as appears reasonable to keekï Property Styling.
  14. Cancellation or postponement of installation of display stock
      1. If the Client cancels this agreement less than five (5) business days prior to the due delivery, installation and staging of the display stock at the premises a cancellation fee of 20% of the total rental applies.
        If the delivery and installation of the display stock at the premises is at the Client’s request postponed less than three (3) business days prior to the due date for delivery and installation a fee of 50% of the total rental must be paid to keekï Property Styling.
  15. Contractors
      1. keekï Property Styling shall not be liable for any loss, damage, cost or expense incurred or suffered by the Client which is caused or contributed to by any contractors, whether engaged by keekï Property Styling or the Client, to undertake any part of the Work which may be suggested by keekï Property Styling.

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