Terms and Conditions

​

Commencement of Contract

1. This Contract commences on the date executed by the parties unless otherwise specified.

2. This Contract remains in force until such time as it is terminated under the provisions of this Contract.

 

Scope of Contract

1. The Parties agree that this Contract for European Wasp control activities and any matters arising from it are entirely separate to any other aspect of the Contractors’ joint and several businesses and professional activities.

2. So far as is permitted by law, the Parties agree that no matter in relation to any aspect of this Contract or performance will be raised against any professional or other business activity of the Contractor(s).

 

Contracts with non-landholders

1. In so far as the terms are applicable, a non-landholder contractee agrees that they will be bound to the terms of this Contract as if they were the landholder receiving the feral animal control services of the Contractor(s).

2. Where this Contract is between the Contractor(s) and a non-landholder contractee, the parties agree that the Contractor(s) may also enter a contract with the landholder on whose property the services are to take place or acquire some other form of written consent.

 

Invoicing and Invoicing Third Parties

1. Invoices are payable on the date of issue. The Contractor(s) reserve the right to take enforcement action for any invoices that have not been fully paid after 30 days.

2. Failure to pay an invoice on time may result in the cessation of European Wasp control activities until full payment is made. The Contractor(s) will not be liable for any change in European Wasp numbers or compliance with any permits or obligations during this time.

3. Any concerns relating to invoices must be raised within 7 days of the issuance of the invoice. The Contractor(s) retain complete discretion to vary any aspect of the invoice.

4. Where invoicing is based on a per wasp nest cost, the owner is entitled to personally inspect the destroyed nests or see images of the destroyed nests before paying any invoices. Where invoicing is not based on a per nest cost, the invoices are payable regardless of whether the Contractor(s) present destroyed nests or photographs to the landholder.

5. The Parties agree that expenses related to the services provided under this Contract may be invoiced to the landholder. Invoiced amounts will reasonably reflect the outlay to the Contractor(s) but the landholder acknowledges that the invoiced amounts for expenses may vary from the actual expense incurred.

6. Where invoices are made out to third parties or entities, the terms of this Contract apply as if the invoices were made out to the landholder.

7. The landholder warrants that invoices made out to the parties or entities will be paid according to the terms of this Contract.

8. The parties agree that any contract or agreement between the landholder and another entity in regards to European Wasp control activities is entirely separate from this Contract and in no way varies the terms of this Contract between the Contractor(s) and the landholder.

9. Billing rates are set according to the applicable rate schedule attached to this Contract and may be varied at any time by the Contractor(s).

10. Where GST or other taxation is applicable, the amount of GST or other taxation will be listed as a separate item on all invoices.

11. The Parties may enter an agreement for a lump sum cost for the provision of services over a certain period. This quotation for this lump sum agreement may be based on an existing rate card.

12. Where a lump sum agreement is agreed upon, it becomes entirely payable within 30 days of the issuance of an invoice. The Parties agree that the final amount invoiced may be adjusted to reflect the actual services provided and this may be more or less than the originally quoted amount.

 

Control Methods

1. The Contractor(s) reserve the right to utilise any form of European Wasp control and equipment they deem appropriate in the circumstances.

2. The parties acknowledge that where a landholder requests that a particular type of control activity be utilised or excluded, the Contractor(s) are in no way responsible for any specific outcome.

3. All lethal control activities will be conducted according to applicable legislation. Where approval is needed from a governing body to commence lethal control activities, the Contractor(s) will not undertake any lethal control activities until the requisite approval has been obtained.

4. The Contractor(s) may request confirmation that all notification requirements have been met and may refuse to undertake some or all lethal control activities until the confirmation is received.

5. Where multiple parties are conducting European Wasp control activities on the property, the Contractor(s) may request further details about the identity of the additional people undertaking the control activities, the location of the control activities, the number and types of traps, poisons and materials used and other relevant information. The parties agree that the Contractor(s) will in no way be liable for any actions of any other people in relation to European Wasp control on the property.

6. The Contractor(s) reserve the right to refuse to participate in control activities or continue control activities at any point. The Parties agree that any control activities or plans may be varied by the Contractor(s) at any time subject to governing regulations.

7. The Contractor(s) will not be liable for any interference with or misuse of traps, poisons or materials by the landholder or any other person. If the landholder or any other person unacceptably interferes with any traps, poisons or materials, the Contractor(s) may cease all control activities and report the conduct to the relevant authorities.

8. Where poisons or traps are required to be monitored at regular intervals, the Contractor(s) may vary the frequency with which poisons or traps are placed in order to accommodate availability to check or replace baits or traps. Other factors such as weather, poison availability, livestock presence, notification requirements may all impact frequency and extent of control activities.

 

Surveillance

1. The Contractor(s) may place trail cameras on the property as part of any European Wasp control activities. The parties agree that the amount that will be invoiced for any surveillance activity may vary from invoice to invoice.

2. Trail or other cameras placed on the property will remain in the possession of the Contractor(s) at all times.

3. Where trail or other cameras are placed on the property, the Contractor(s) may provide details of the general locations of the cameras to the landholder upon request.

4. The Contractor(s) will not place trail or other cameras in or near places that would reasonably be expected to be near human habitation or main access paths without the prior consent of the landholder.

5. In the event that trail or other cameras obtain images of a private or confidential nature, the Contractor(s) will destroy those images and will not circulate them to any other person. This clause does not extend to images that imply illegal activity of any kind.

6. The landholder will be responsible for any interference with trail or other cameras while they are on the property.

   1. Any damage to or interference with trail or other cameras by the landholder or their equipment or agents will result in the cost of repair or replacement being payable by the landholder.

   2. At the discretion of the Contractor(s), the landholder may be responsible for the repair or replacement of trail or other cameras damaged or stolen by trespassers.

   3. Damage or loss of trail or other cameras by livestock or natural events will not be the responsibility of landholder.

7. The Contractor(s) may use any form or surveillance they see fit for the performance of this Contract.

 

Biosecurity

1. The landowner will notify the Contractor(s) of any biosecurity risk in relation to the property that they are aware of or become aware of throughout the duration of this Contract.

2. The landowner will disclose the existence of any biosecurity management plans or other biosecurity orders in relation to the property. These plans or orders must be provided to the Contractor(s) upon request.

3. The landowner may request that the Contractor(s) undertake biosecurity control measures including washing vehicles and equipment, entering biosecurity management agreements and complying with any directive issued by authorities responsible for biosecurity management.

4. The Contractor(s) reserve the right to refuse to access the property or any part of the property or deal with any biosecurity matter in whatever way they see fit.

5. Nothing in this Contract creates any liability on the Contractor(s) for breaches of biosecurity or bio-contamination or any loss or damage therefrom, whether actual or perceived, and any such liability is expressly excluded.

6. The landholder agrees that the Contractor(s) may collect seeds of native plants for offsite propagation.

 

Permits

1. Where an animal species cannot be harmed or a control activity undertaken except where a permit has been issued, the Contractor(s) will not target that species unless in possession of a valid permit. The Contractor(s) may contact the relevant authority to verify the validity of any permit issued and reserve the right to refuse to target a specific species until a confirmation of a valid permit is obtained.

2. The Contractor(s) may provide assistance with the permit application process but do not guarantee that a permit will be issued or will be issued on the terms requested by the landholder.

3. If a permit is issued with a specific quota, the Contractor(s) do not guarantee that the full quota will be obtained within the permit duration.

4. If the conditions of a permit are inconsistent with any term of this Contract, the terms of the Permit will be followed in priority without affecting the validity of this Contract.

5. The Landholder warrants that they will comply with all conditions of any permit issued to them in which the Contractor(s) are involved.

6. The Contractor(s) will in no way be liable for any breach of any permit by the landholder or any other person.

 

Notification of Neighbours and Authorities

1. The Contractor(s) with notify any relevant authorities before the commencement of any European Wasp control activities. Notification will only be conducted prior to an initial attendance at a property and may not be required prior to any subsequent activities on the property.

2. The Contractor(s) will fulfil any notification requirement in relation to any European Wasp control activities as required by law. Any non-compulsory additional notification may be conducted by the landholder. The Contractor(s) will not be responsible for the accuracy or completeness of any notification conducted by the landholder.

 

Property Boundaries

1. The property on which this Contract applies is identified by the attached maps and descriptors. The Contractor(s) will not conduct any activities outside the property boundaries.

2. The landholder warrants that any boundary mapping is accurate and that they will be responsible for any discrepancies. The landholder also warrants that their boundary fencing is accurately located on the surveyed boundary.

3. Where the landholder does not have authority to enter this Contract in relation to any part of the property or any adjoining property, no service will be provided on the parts for which authority has not been granted until such time as the parties with authority have entered into a contract with the Contractor(s).

4. The parties acknowledge that separate contracts will need to be entered for each property held by a different landowner including in situations where the different landholdings are adjacent or transverse the property subject to this Contract. The Contractor(s) will not operate any European Wasp control services on any property for which a contract or other legally valid consent is not held.

 

Access to Property

1. The landholder may limit or vary access to various parts of the property from time to time. Any restriction on access must be communicated to the Contractor(s) a reasonable time before any scheduled access is to commence and must be in terms that can be adequately converted to a map.

2. Limitation on access that has the effect of preventing adequate performance of the European Wasp control service may prevent the Contractor(s) achieving desired results. The Contractor(s) have discretion whether to fulfil a scheduled service in this situation. The parties agree that the Landholder may still be liable for the full cost of services in situations where their limiting of access makes effective servicing difficult or where the Contractor(s) decide not to attend due to the access limitation.

3. The parties agree that the Contractor(s) will be able to access the property on foot, by horse, quad bike or vehicle. The landholder acknowledges that some impact on the land may result from use of these access methods and agrees that the Contractor(s) will not be liable for any damage that would reasonably be expected to result from access by these methods.

4. Where the zoning of the property or any conservation guidelines apply to the property or any part of it, the Contractor(s) may be unable to conduct certain European Wasp control activities or may be restricted in how those activities are carried out.

5. The landholder will notify the Contractor(s) of any known zoning or conservation guidelines applicable to the property and may be required by the Contractors to provide documentation of those guidelines or zoning rules.

 

Property Information

1. The landholder will provide the Contractor(s) with relevant information in relation to the property upon request. The Contractor(s) will not be liable for any loss or nuisance resulting from a failure by the landholder to disclose relevant property information.

 

Frequency of servicing

1. The parties may agree on any frequency of servicing subject to regulatory requirements. The fact that a long duration of time passes between servicing does not affect the validity or currency of this Contract.

2. Where a service is scheduled for a specific date or time, the landholder acknowledges that the commencement and completion times of that servicing will vary according to conditions and availability of the Contractor(s).

3. A service scheduled for an evening at any particular time or general time of day/night will be deemed to mean that permission to service the property is given from within a reasonable time either side of that time until sunrise the next day unless otherwise stated.

4. A service scheduled for daytime at any particular time or general time of day/night will be deemed to mean that permission to service the property is given from within a reasonable time either side of that time until nightfall that day unless otherwise stated.

 

Cancellation of scheduled control activities

1. Where the landowner cancels a previously scheduled European Wasp control activity less than 24 hours before it is scheduled to commence, the landowner may be required to pay all or part of the cost as if the service had been provided. If the cancellation is weather or legal related, no invoice for the cancelled servicing activity will be payable provided the Parties agree that the weather or legal situation made the servicing impracticable.

2. For servicing activities that have a regulatory requirement of frequency, such as poisoning and trapping, the Contractor(s) will in no way be liable for any breach of regulatory servicing requirements where the landowner has prevented access to the relevant parts of the property. In this situation, the Contractor(s) may communicate the withdrawn access to the relevant authorities.

3. Where the Contractor(s) cancel a scheduled service in a situation where there is a regulatory requirement for servicing, they will notify the landholder of the cancellation and the requirement for the serving to occur by a specific time. The Contractor(s) may also notify the relevant authorities if the regulatory deadline for servicing is not met.

4. The Contractor(s) may cancel or reschedule a scheduled servicing for any reason. If the Contractor(s) cancel or reschedule a servicing, they will in no way be liable for any loss suffered by the landholder or their affiliates from the cancellation or rescheduling.

 

Use of equipment

1. Where the Contractor(s) utilise any equipment owned or under the control of the landholder for the purposes of performing services under this Contract, they will not be liable for any wear and tear to the equipment reasonably expected from normal use.

2. The landholder warrants that any equipment loaned or offered for use by the Contractor(s) is in fit and safe working order.

3. The Contractor(s) will not be liable for any loss or damage caused by or resulting from the use of any equipment loaned by or offered for use by the landholder whether the third parties, property or otherwise.

4. The Contractor(s) specifically exclude liability for the cost of repair or replacement of any equipment loaned to them by the landholder for their use provided the loss or damage to the equipment was within the course of the normal use of the equipment.

 

Ownership of images and sounds

1. Any images, footage or sounds taken on the property in the course of the performance of this Contract remain the property of the Contractor(s). Subject to the confidentiality provisions below, the Contractor(s) may use the footage, images or sounds in any way they see fit.

2. Images or footage obtained may be provided to the landholders on request for their personal use only.

 

Destroyed Wasps and Nests

1. Disposal of destroyed European Wasps and nests onsite will be at the instruction of the landholder subject to what the Contractor(s) consider reasonably practicable in the circumstances. The time taken to dispose of carcasses onsite will be billable as part of normal control activities.

2. Any wasp or nest suspected of having a disease will not be removed from the property and the Contractor(s) may report the presence of the disease to the relevant authorities.

3. Invoicing rates will include the time taken to remove destroyed European Wasps and nests from the site.

4. The landholder acknowledges that offsite disposal of wasps and nests may not be possible for all properties or situations and that fees may apply for offsite disposal.

5. Where the landholder requests that destroyed European Wasps and nests be buried, they are responsible for the digging of burial pits and filling them in. The Contractor(s) will not be liable for any smells, contamination or regulatory breaches resulting from the burial or disposal of any wasps or nests by the landholder.

6. Where the landholder requires the Contractor(s) to dispose of destroyed wasps or nests in a specific manner, such as by burial or cremation, the landholder will be liable for the cost of hiring any professionals, labourers, machinery or materials to undertake that form of disposal in addition for the time taken to obtain, operate and return any machinery or equipment utilised.

 

Acknowledgement of noise factors and other disturbances on people, neighbours and animals

1. The parties acknowledge that the European Wasp control services may involve disturbances for landholders, pets, livestock, neighbours and others. These disturbances may include vehicle noise, blocking of tracks, lights, equipment sounds, wasp remains, gate opening and shutting, talking, radio traffic, visual impacts and smell.

2. The occurrence of reasonable disturbances will not vary any obligation to pay invoices for services provided.

3. The parties acknowledge that the Contractor(s) may see, hear or obtain material of a private or confidential nature during performance of this Contract. The Contractor(s) will manage any such information according to the provisions set out in this Contract and as required by law.

 

No Guarantee of results

1. The Contractor(s) in no way guarantee that any aspect of their activities will lead to a particular result. While best efforts will be made, the landholder acknowledges the risk of unfavourable outcomes including:

   1. Wasps may move to another location, including a less favourable location or a more inaccessible location,

   2. Additional nests may appear,

   3. Wasps may move onto neighbouring properties,

   4. Wasps may become more invasive or aggressive.

2. The parties acknowledge that factors including terrain, size and shape of the property, vegetation, weather and numbers of European Wasps will all affect the outcomes of any European Wasp control activities.

3. The landholder acknowledges that the presence of any other European Wasp control activities by any party other than the Contractor(s) on the property may affect the results of services provided under this Contract.

4. The Contractor(s) may request that the landholder provide details of any other European Wasp control activities conducted on the property including nature, frequency and location of those activities.

5. The Contractor(s) will not be liable for any damage caused by European during or after this Contract is in force.

 

Conflicts of interest

1. The Parties will disclose any conflicts of interest or duty before executing this Contract.

2. Where a conflict of interest or duty arises subsequently to execution of this Contract, the relevant party will inform the others as soon as practicable.

3. The party with the Conflict of interest may enter a written declaration of conflict of interest with the other parties. Such a declaration will be taken to mean that full disclosure of the conflict of interest or duty has been provided.

4. Where either party refuses to execute a written declaration of conflict of interest, services under this Contract may be suspended by the remaining parties until such time as a declaration of conflict of interest is executed.

5. A conflict of interest or duty will not result in this Contract being invalid except as required by law.

 

Confidentiality

1. The Parties agree that the terms of this Contract will remain private and confidential except as required under this Contract or by law.

2. The following will specifically remain confidential unless otherwise agreed in writing:

   1. The location of the property

   2. The species targeted

   3. Number of animals harmed and other results

   4. Any imagery that would reasonably identify the property or the parties

   5. Pricing and invoicing terms

   6. Licence and insurance details

   7. The professional identity of either of the Contractors

 

Insurance

1. The Contractor(s) warrant that they will maintain an adequate level of Public Liability Insurance at all times for all activities performed under this Contract.

 

Subcontracting and Employees

1. The parties agree that Contractor(s) may subcontract any aspect of any activity under this contract to another person or entity.

2. Where the Contractor(s) subcontract services under this Contract, the landholder will be informed before the subcontractor undertakes any control activities. The landholder may request additional conditions be applied to work performed by the subcontractor provided the conditions do not substantially impact the performance of this Contract.

3. Where the Contractor(s) subcontract or employ another individual or entity to perform any service under this Contract, they warrant the subcontractor or employee is appropriately licenced and qualified to perform the tasks.

4. The Contractor(s) are in no way liable for any conduct, damage or loss caused by any subcontractor or employee outside the scope of services provided under this Contract.

5. The landholder agrees that neither they nor their affiliates will enter any contract or agreement with any subcontractor or employee of the Contractor(s) for any service of the same or similar nature to those provided under this Contract. This clause applies to current and former subcontractors and employees for a period of 12 months after the person or entity ceases to be subcontracted or employed by the Contractor(s) or 12 months after this Contract is terminated, whichever is the latter.

 

Termination of contract

1. This Contract may be terminated by the parties at any time by mutual written agreement.

2. Where one party unilaterally purports to terminate this Contract, they must provide written reasons to the other parties of their reasons for terminating the Contract. Upon receipt of these reasons, the remaining parties may agree to the termination in writing or may request further details to be provided within seven days. If further details are provided, the remaining parties may agree to the termination or may request a variation of the Contract or may enforce its terms. If no further details are provided, the remaining parties may agree to the termination, seek a variation or enforce the terms of this Contract.

3. The parties reserve the right to take any action to enforce this Contract and any of its terms.

4. The parties agree that each party has a right to be provided with details of any accusations made against them and to respond to any such accusations before this Contract is terminated.

5. All invoices for work done under this Contract must be paid regardless of whether the Contract has been terminated.

6. The Contractor(s) reserve the right to take any action necessary to protect their reputation and interests both while this Contract is in force and after its termination.

7. The Contractor(s) reserve the right to terminate this Contract in the event of:

   1. Any defamatory conduct by, or linked to, the landholder and

   2. Any breach of privacy or confidentiality occurs

and reserve the to pursue any action to protect their character, reputation, privacy and confidentiality.

 

Severance

1. Any part of this contract found to be invalid or unenforceable may be severed without affecting the remainder of the Contract.

 

Governing Law

1. The laws of New South Wales as they apply from time to time are to govern the interpretation and enforcement of this contract and any other matters arising from it.

 

Whole of Agreement

1. This Contract is the entire agreement between the Parties.

 

Definitions

1. For the purposes of this Contract, the following definitions apply:

 

“Contractor” means NAME and any subcontractors or employees.

“Control Activity” and “European Wasp Control Activity” mean any form of onsite activity under this Contract.

“Employee” means any person or entity employed by the Contractor(s) to perform any services under this or a similar contract at any time and includes that person or entity’s affiliates, successors and assigns.

“European Wasp Control Service” means the business carried on by the Contractor(s) in relation to European Wasp control.

“European Wasp” means Vespula germanica.

“Know of” and “aware of” mean actual knowledge, implied knowledge or things that either party ought reasonably to have knowledge of.

“Landholder” includes any person or their agent who is the owner, tenant or manager of the land on which the services under this contract are to take place. For the purposes of notification of an activity under this contract, Landholder may include the person who is located on the property or has custody over it.

“Control Activity” includes poisoning, trapping, and any other activity with the primary object of killing European Wasps.

“Maps” include physical maps, printed satellite images, printed maps, GPS data, digital maps and hand drawn maps.

“Non-landholder contractee” means any person, entity or association with authority over or representing the interests of any landholder upon whose property the feral animal control services of the Contractors are to occur.

“Offsite” means anywhere that is not onsite.

“Onsite” means the property subject to this contract including its fixtures, the airspace above it, bodies of water and underground areas.

“Relevant Property Information” includes types, numbers and locations of livestock and pets, location of gates, fences, water bodies, obstacles, known hazards to the Contractors or any of their assets, location of neighbours, conservation areas, biosecurity matters, previous European Wasp siting locations and times, locations of other property attendees, workers, volunteers and shooters.

“Servicing” means providing a service under this Contract whether on the subject property or otherwise.

“Subcontractor” means any person or entity contracted by the Contractors to perform any services under this or a similar contract at any time and includes that person or entity’s affiliates, successors and assigns.

“Surveillance” includes use of scopes, digital sights, rangefinders, trail cameras, other cameras, binoculars, telescopes, thermal imaging, and torches.