| 1. |
Definitions and Interpretation |
| 1.1 |
In this Agreement, the following words have the following meaning:
(a) "Dog" means the Owner's dog or dogs specified above or as amended from time to time to whom the Services are provided;
(b) "End Date" means the date on which the Services conclude;
(c) "Minder" means the person approved by TopDog Minders to provide the Services;
(d) "Owner" means the person utilising the Services from TopDog Minders specified above;
(e) "Price" means the amount payable to TopDog Minders for the Services as set in its price list;
(f) "Services" means the housing, care and feeding of the Dog by the Minder in the Minder's own home for and on behalf of TopDog Minders;
(g) "Special Requirements" means any additional feeding, grooming, medicinal or other care requirements specified above or as amended from time to time; and
(h) "Start Date" means the date on which the Services commence. |
| 2. |
Basis of Contact |
| 2.1 |
This Agreement applies to the first and each subsequent contract for the provision of the Services by TopDog Minders to the Owner. |
| 2.2 |
Each instance of provision of the Services is a separate contract between TopDog Minders and the Owner. |
| 2.3 |
Before each subsequent provision of the Services, the parties must agree as to the Dog, Price, Start Date, End Date and Special Requirements to which this Agreement will apply. |
| 3. |
Acknowledgement of Minder |
| 3.1 |
The Owner acknowledges that the Minder is approved by TopDog Minders and the Owner consents to the Minder supplying the Services. |
| 3.2 |
The Owner consents to the relocation of the Dog to a different minder (who is approved by TopDog Minders) at the sole discretion of TopDog Minders. |
| 4. |
Basis of Contact |
| 4.1 |
The Owner must pay initial $50 deposit at time of booking the service and 50% of the Price to TopDog Minders once they have met the Minder or within 14 days of receiving the Minder details, whichever is sooner, and the remaining 50% of the Price to TopDog Minders on or before fourteen (14) days before the Start Date. |
| 4.2 |
Payment by cheque is not deemed to be made until the proceeds of the cheque have cleared to TopDog Minders' account. |
| 4.3 |
Payment terms may be amended at the sole discretion of TopDog Minders immediately upon giving written notice to the Owner. |
| 5. |
Special Requirements |
| 5.1 |
If the Owner requests any Special Requirements for his or her Dog, TopDog Minders may increase the Price to account for the Special Requirements. |
| 5.2 |
TopDog Minders can refuse to provide the Special Requirements. |
| 6. |
Payment Default |
| 6.1 |
If the Owner defaults in payment of the Price, TopDog Minders is entitled to cancel the Owner's booking and decline to provide the Services. |
| 7. |
Owner's Obligations |
| 7.1 |
The Owner must make appropriate arrangements with the Minder for the supply of dog food, dog toys and of any Special Requirements |
| 7.2 |
The Owner must deliver his or her Dog to the Minder's premises on the Start Date and pick up his or her Dog at the Minder's premises on the End Date. |
| 7.3 |
The Owner must provide a Dog that is healthy and uninjured, unless with the prior consent of the Minder and a veterinarian's report regarding the condition of the Dog. |
| 8. |
Veterinary Services |
| 8.1 |
If there is illness or accident involving the Dog, the Owner must reimburse, on demand, the Minder and/or TopDog Minders for the expenses incurred in relation to obtaining the services of a veterinarian. |
| 8.2 |
The Minder and/or TopDog Minders will first endeavour to obtain the services of the Owner's nominated veterinarian. However, if the Owner's nominated veterinarian is not available or if the time required to obtain such services would endanger the dog, the Minder and/or TopDog Minders may use such other veterinarian as may be available and considered appropriate. |
| 8.3 |
The Owner accepts the Minder's or TopDog Minders' decision on the need for and selection of a veterinarian. The Owner must not make any claim or take any action over the Minder's or TopDog Minders' decision in relation to obtaining veterinary services. |
| 9. |
Risk and Insurance |
| 9.1 |
TopDog Minders warrants that it has public liability insurance cover which covers third party injury and damage to goods in its care, custody and control. |
| 10. |
Liability and Indemnity |
| 10.1 |
TopDog Minders will not be liable to the Owner for any loss or damage suffered by the Owner where TopDog Minders has failed to provide the Services or has cancelled the Owner's booking. |
| 10.2 |
Provided there is no breach of this Agreement, TopDog Minders will, within 6 months of the making of any claim, pay the Owner for any expense above the value of $500 which TopDog Minders is satisfied was caused as a result of the Minder's negligence. Any payment made does not represent an admission of any liability whatsoever and is paid in full and final settlement of any claim. Any claim made under this subclause must be in writing with detailed explanations of the expense and accompanied by official invoices and is sufficient for any claim to TopDog's insurance company. |
| 10.3 |
TopDog Minders is not responsible for any loss or damage caused to any person, property or animal arising out of the use of the Services if the loss or damage was caused as a result of the Owner not disclosing any relevant information to TopDog Minders. |
| 11. |
Cancellation |
| 11.1 |
If, through circumstances beyond the control of TopDog Minders, TopDog Minders is unable to effect supply of the Services, then TopDog Minders may cancel the Owner's booking (even if it has already been accepted) by notice in writing to the Owner. |
| 11.2 |
The Price is forfeited by the Owner to TopDog Minders if the Owner cancels the booking within fourteen working days of the Start Date. |
| 11.3 |
No refund will be given for early pick up once the booking has commenced. |
| 11.4 |
See Price page on TopDog Minder website for a full list of Payment Terms & Conditions. |
| 12. |
Miscellaneous |
| 12.1 |
If any part of this Agreement is held unenforceable, it must be read down to the minimum extent necessary to render it enforceable and valid, or must be severed from the remainder of the Agreement. |
| 12.2 |
The parties agree to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from them. |
| 12.3 |
Failure by TopDog Minders to enforce any of the terms and conditions of this Agreement will not be construed as a waiver of any of TopDog Minders' rights. |
| 12.4 |
A notice must be in writing and handed personally or sent by facsimile or prepaid mail to the last known address of the addressee. Notices sent by prepaid mail are deemed to be received upon posting. Notices sent by facsimile are deemed to be received upon the facsimile machine confirming transmission. |