Terms and Conditions of Service

In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean Lachlan Jones trading as Hire a DM in Sydney (ABN 84 793 472 595). We and you are each a Party to these Terms, and together, the Parties.

These Terms form our contract with you, and sets out our obligations as a service provider and your obligations as a customer. You cannot use our Services unless you agree to these Terms.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.

For questions about these Terms, or to get in touch with us, please email: contact@hireadminsydney.com.au.

These Terms were last updated on 8th September 2025.

Our Disclosures

Please read these Terms carefully before you accept. Our privacy policy (on our website) which sets out how we will handle your personal information.

These Terms do not intend to limit your rights and remedies at Law, including any of your Consumer Law Rights.

1. Engagement and Term

1.1 These Terms apply from the Commencement Date until the date the Services are completed (as reasonably determined by us) (Term).

2. Services

2.1 In consideration of your payment of the Price, we will provide the Services in accordance with these Terms.

2.2 Our Services are provided within the Sydney Metropolitan Area, defined as the area bounded by:

(a) North: Berowra

(b) South: Engadine

(d) East: Sydney Harbour and Eastern Beaches

Services requested outside this Service Area may be subject to additional travel costs, which will be quoted separately and agreed to in writing before acceptance.

2.3 As part of the Services, we will provide all necessary equipment. You agree to treat the equipment with care and in accordance with our instructions. You agree to pay us the cost of the equipment (as a debt due and immediately payable) where their loss, theft, damage or destruction occurs.

2.4 Changes to the Services need to be written and agreed upon by both Parties. They will be priced as mutually agreed. If your requests change the scope of services or our duties, we are not required to follow them unless agreed in writing as stated.

2.5 If you have any particular requests for the Services, you agree to inform us of the requests in writing prior to the making payment of the Price and we will use our best endeavours to comply with the requests. Any requests made after the Price is paid may be considered a variation. We may refuse any request that we consider inappropriate, unreasonable or contrary to law.

3. Your Obligations

3.1 You agree to:

(a) comply with these Terms and our reasonable requests;

(b) provide us with safe access to your premises (and its facilities) and any other premises as is reasonably necessary for us to provide the Services, free from harm or risk to health or safety at the times and on the dates agreed between the Parties; and

(c) not (or not attempt to) disclose, or provide access to, the Services to third parties without our prior written consent.

3.2 You agree that the premises where Services are provided will be safe and suitable for the Services, are accessible to us and our equipment, will have any domestic animals secured or removed as necessary for safety and are generally free from hazards that may pose a risk to health and safety. If we determine the premises are unsafe or unsuitable, we may refuse to provide Services without refund of the Price.

3.3 Where Services are provided to persons under 18 years of age a parent, guardian, or responsible adult must remain present at the premises at all times during the provision of Services. You acknowledge and agree that we are not providing childcare or babysitting services and the supervising adult remains responsible for the conduct and safety of all minors present. We reserve the right to cease providing Services immediately if adequate supervision is not maintained, without refund of the Price.

4. Bookings, Price and Payment

4.1 All bookings must be made through our website at www.hireadminsydney.com.au.

4.2 Payment of the full Price is required at the time of booking via our online payment system.

4.3 If any payment has not been made in accordance with the payment terms on our website, we may (at our absolute discretion, and without prejudice to any of our rights or remedies under these Terms or at Law):

(a) after a period of 5 Business Days from the relevant due date, cease providing the Services, and recover, as a debt due and immediately payable from you, our reasonable additional costs of doing so (including all recovery costs); and/or

(b) charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 2% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the relevant due date in accordance with the Payment Terms.

4.4 When applicable, GST payable will be clearly shown on our invoices. You agree to pay us an amount equivalent to the GST imposed on these charges. “GST” has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

5. Rescheduling and Cancellation

5.1 You may request to reschedule the Services via written notice at least 24 hours before the Services. If you provide 24 at least 24 hours’ notice, we will use reasonable endeavours to cater to your request, subject to our availability (but are under no obligation to do so) and no cancellation fee will apply if we can accommodate the rescheduling. If you request to reschedule the Services with less than 24 hours notice or if we cannot agree a rescheduled date, this will be considered a cancellation and the below clause will apply.

5.2 If you wish to cancel the Services or you do not provide sufficient notice of rescheduling the Services and we cannot accommodate your request, we will retain a cancellation fee of $100. You acknowledge that this cancellation fee is a genuine pre-estimate of our loss due to our preparing for the Services and blocking out the date and time in our schedule preventing other clients from making a booking.

5.3 If we need to cancel or reschedule the Services for any reason, including due to sickness or any matters out of our control, we will provide you with as much notice as possible and provide a full refund of the Price.

6. Intellectual Property

6.1 Each party will maintain ownership of any intellectual property they independently create during the duration of this Agreement. There will be no transfer of intellectual property rights between the Parties, except as explicitly outlined in this Agreement.

7. Confidential Information

7.1 Subject to clause 7.2, each Party must keep confidential, and not use (except to perform its obligations under these Terms) or permit any unauthorised use of, information provided by the other Party, including information about these Terms and the other Party’s business and operations.

7.2 Clause 7.1 does not apply where the disclosure is required by Law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with these Terms and provided that the disclosing Party ensures the adviser complies with the terms of clause 7.1.

7.3 This clause 7 will survive the termination of these Terms.

8. Australian Consumer Law

8.1 Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at Law, nothing in these Terms excludes those Consumer Law Rights.

8.2 Subject to your Consumer Law Rights, we provide all material, work and services (including the Services) to you without conditions or warranties of any kind, implied or otherwise, whether in statute, at Law or on any other basis, except where expressly set out in these Terms.

8.3 This clause 8 will survive the termination or expiry of these Terms.

9. Termination

9.1 These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:

(a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or

(b) the Defaulting Party goes bankrupt, insolvent or is otherwise unable to pay its debts as they fall due.

9.2 Upon expiry or termination of these Terms:

(a) by us pursuant to clause 9.1, you also agree to pay us our additional costs, reasonably incurred, and which arise directly from such termination (including recovery fees); and

(b) we may retain your documents and information (including copies) to the extent required by Law or pursuant to any information technology back-up procedure, provided that we handle your information in accordance with clause 7.

9.3 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

9.4 This clause 9 will survive the termination or expiry of these Terms.

10. General

10.1 Amendment: These Terms may only be amended by written instrument executed by the Parties.

10.2 Assignment: Subject to clauses 10.3, a Party must not assign, novate or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

10.3 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.

10.4 Disputes: A Party may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms (Dispute) without first meeting a representative of the other Party within 10 Business Days of notifying that other Party of the Dispute. If the Parties cannot resolve the Dispute at that meeting, either Party may refer the Dispute to mediation administered by the Australian Disputes Centre.

10.5 Governing Law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

10.6 Notices: Any notice given under these Terms must be in writing addressed to the addresses set out in these Terms, or the relevant address last notified by the recipient to the Parties in accordance with this clause. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

10.7 Publicity: Despite clause 7, with your prior written consent, you agree that we may advertise or publicise the broad nature of our supply of the Services to you, including on our website or in our promotional material.

10.8 Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

11. Definitions

In these Terms, unless the context otherwise requires, capitalised terms have the meanings given to them on our Wesbite, and:

Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.

Business Day means a day on which banks are open for general banking business in Sydney, New South Wales, excluding Saturdays, Sundays and public holidays.

Commencement Date means the date that you accept these Terms.

Consumer Law Rights has the meaning given in clause 8.1.

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

Law means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of the Services.

Price means the price set out on the Website, as adjusted in accordance with these Terms.

Services means the services set out on the Website, as adjusted in accordance with these Terms.

Terms means these terms and conditions and any documents attached to, or referred to in, each of them.

Website means www.hireadminsydney.com.au or such other website as we may designate from time to time.