Welcome to www.Paynt.com.au (our “Website”). The Website is an online portal where individuals and businesses can schedule, book, and pay for painting services. The Website allows you to submit a request for these services (“Painting Services”) and then generates a work order (the “Work Order”) containing the details of the proposed project (number of rooms, room types, extras, specifications, etc.) (the “Project”). Paynt communicates the Work Order to third party Tradespeople (“Tradespeople”) who have expressed a desire to obtain leads from Paynt. If the Tradesperson accepts a request, the Service notifies you and provides information regarding the Tradesperson and the terms under which the Tradesperson will provide the Painting Services to you (the “Painting Contract”). All services provided by Paynt to you by means of your use of the Website are hereafter referred to as the “Service”. By using the Website or the Service, you agree to the following Terms:
Painting Projects and Contract With Tradesperson
A Tradesperson has sole and complete discretion to accept or reject each request for Painting Services. If the Tradesperson accepts your Work Order request, the Service notifies you and provides the terms of the Painting Contract to you on behalf of the Tradesperson – Paynt is not a party to the Painting Contract. If you indicate you wish to hire the Tradesperson for your Project, you are directly contracting with the Tradesperson (not Paynt) for the Painting Services. The Tradesperson will then perform the Painting Services and complete your Project in accordance with the terms negotiated by you and the Tradesperson, including those terms set forth in the Work Order and the Painting Contract.
IMPORTANT: You understand and agree that Paynt itself does not provide Painting services, and that Paynt is not a Painting contractor, licensed painting contractor or employment service, nor is Paynt an agent of the Tradesperson. The Tradespeople made available through the Service are not employees, contactors or agents of Paynt. It is up to the Tradesperson to offer and provide Painting services, which may be requested through the use of the Website and/or the Service. Paynt only acts as intermediary to facilitate the transaction between you and the Tradesperson. The provision of the Painting Services by the Tradesperson to you is subject to the Painting Contract to be entered into between you and the Tradesperson (not Paynt). PAYNT DOES NOT HAVE CONTROL OVER THE QUALITY, TIMING, OR ANY OTHER ASPECT WHATSOEVER OF ANY PAINTING SERVICES AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE PAINTING SERVICES OR THE CONDUCT OR ACTIVITIES OF TRADESPEOPLE. You agree and understand that you assume all risks when using the Services and the Painting Services, including any risks associated with interactions with Tradespeople and receipt of Painting Services.
Because Painting is a subjective service, Paynt can’t offer refunds once work has started. However, we do offer a 100% satisfaction guarantee (the “Satisfaction Guarantee”). This means we will continue to work to accommodate you, including arranging for additional Painting Services to correct defective or deficient work, until you are 100% satisfied with the outcome. If your Tradesperson did not satisfactorily complete the Painting Contract, you must let us know within 3 calendar days of completion of the Painting Services by contacting us at (02) 8417 1038 and we’ll come back and fix it – free of charge. Issues not reported within 3 calendar days will be corrected only in our discretion. In no event will any refunds or credits be provided once payment has been released to the Tradesperson.
Payment and Payment Disputes
Paynt facilitates payments for the Painting Services. The quoted price for your Project (the “Project Fee”) will be included in the Work Order. At the time you hire the Tradesperson and authorize the Project, you will be charged 50% of the Project Fee. (the “Deposit”). You will be charged the remainder of the Project Fee on the day the Tradesperson begins to provide the Painting Services. Paynt retains the Project Fee until the completion of the Project. If Paynt does not receive a written complaint from you within three days after Painting Services are completed (the “Complaint Period”), then the Project will be marked as closed by Paynt, and the agreed upon payment will be transferred to the Tradesperson. After such time no refund will be made of any part of the Project Fee.
If within the applicable Complaint Period you notify us in writing of a complaint under our Satisfaction Guarantee or of a dispute with the Tradesperson, we will attempt to assist you in resolving the issue. Paynt will continue to hold the Project Fee amount (in a non-interest bearing account) without release pending (1) withdrawal of your complaint (of which you agree to provide prompt written notice to Paynt), (2) joint written instructions from you and the Tradesperson to release the Project Fee; (3) resolution of the dispute pursuant to the Arbitration provisions of these Terms; or (4) receipt of an order from an arbitrator or court of competent jurisdiction or other release required by process of law.
You should not make any payments to the Tradesperson for the Project outside of the Website and Paynt will not be responsible for any such payments or refunds thereof. You agree that you will pay through the Service for all Painting Services that you purchase or receive from the Tradesperson, and that Paynt may on behalf of the Tradesperson charge your credit card account as provided by you when authorizing the Project, including the Project Fee and any taxes and charges for supplies authorized by you. Please note that in the event you dispute any part of a Project Fee via chargeback, you agree we have the right at our option to pursue you for payment, to seek reimbursement of any related costs incurred by us, to turn any past due account over to collections and/or report delinquent payment to credit bureaus. We will collect and pay applicable sales tax on behalf of the Tradesperson on your Project. You are responsible for the timely payment of all fees and other taxes related to the Service and Painting Services and for providing Paynt with a valid credit card account for payment of all fees at all times. Paynt retains the right, in its sole discretion, to place a hold on your payment card to cover any payment for the total Project Fee.
The Project Work Order estimate does not include additional charges which may accrue to correct hazardous conditions, such as the existence of lead paint, asbestos, mold, mildew or other hazardous substances. A Tradesperson may immediately suspend work and/or cancel a Project for cause if such substances are encountered.
Paynt asks that if you must cancel your appointment for Painting Services, please do so more than 48 hours before the Project is scheduled to begin. If you do cancel the Project less than 48 hours before Project commencement, you will be charged a cancellation fee of $50 plus the cost of any Supplies ordered for your Project.
A Tradesperson reserves the right to cancel your Project for cause, such as if your site is unsuitable, inaccessible or unsafe or hazardous materials are present, or due to force majeure or inappropriate activity by you or third parties. In such a case, you will be responsible for paying for work performed prior to termination plus the cost of any Supplies specifically ordered for your Project.
No Responsibility for Tradespeople or Painting Services/Release
Paynt does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any Painting Services provided or to be provided by Tradespeople in connection with any Project, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Tradespeople. You acknowledge and agree that Paynt will have no responsibility or liability relating to (i) compliance with EPA Lead laws and regulations, OSHA safety requirements and other laws, regulations and rules relating to the Painting Services provided by Tradespeople, or (ii) compliance with state or local licensing regulations applicable to Tradespeople.
Paynt takes reasonable commercial efforts to screen Tradespeople using reasonable background checks, reference checks and interviews. We also take reasonable steps to verify that Tradespeople have obtained applicable state licenses and insurance/bonding. However, Paynt does not independently verify information from third party sources or verification services. You are encouraged to verify to your own satisfaction that the Tradesperson has obtained the appropriate license, insurance and bonding requirements for your Project. You acknowledge that Paynt is not liable for misrepresentations or misleading or inaccurate information supplied by Tradespeople or third party sources or verification services, and you release Paynt from any liability in connection therewith.
Because Paynt is not involved in the actual Painting Contract between you and the Tradesperson or in the completion of the Painting Service, in the event that you have a dispute with a Tradesperson, you release Paynt (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes (“Dispute Liabilities”), as further provided in the Liability Disclaimer and Release provision below.
Your purchase of paint and other project supplies via the Service (“Supplies”) is subject to these Terms and any terms of sale presented at the time you authorize the purchase. Supplies are not returnable or refundable once purchased. Neither Paynt nor the Tradesperson makes any warranties with respect to Supplies. Supplies are warranted, if at all, only by the manufacturer as evidenced by any written license or warranty that is provided in connection with such product. In the event a product is listed at an incorrect price due to mistake, typographical error, or error in pricing information received from suppliers, Paynt shall have the right to refuse or cancel any orders placed for the Supplies listed at the incorrect price whether or not the order has been confirmed or accepted.
Paynt reserves the right to, and you expressly permit Paynt to, take photos and recordings of the work done by Tradespeople and to reproduce and display such photos and recordings online and in marketing materials for the Service and/or Tradespeople (including the right to permit our designees to do the foregoing). You agree to allow Paynt (or its designee) with reasonable access to the Project site for such purpose, and that you agree that Paynt may disclose, copy, reproduce, publicly display, publicly perform, transmit, distribute, translate, reformat, incorporate, and otherwise use such photos and recordings, along with your name, voice, likeness and other information, content, or materials embodied therein, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes without compensation to you or anyone else. You hereby acknowledge that you have obtained all necessary rights and authorizations from other individuals and third parties with respect to the foregoing.
Links to third party sites/Third party services
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Paynt and Paynt is not responsible for the contents or privacy policies of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Paynt is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Paynt of the site or any association with its operators.
Certain services made available via the Website are delivered by third party sites and organizations, such as the Painting Services which are provided by third party Tradespeople and payment processing which are provided by the Payment Processor. By using any product, service or functionality originating from the Website, you hereby acknowledge and consent that Paynt may share such information and data with any third party with whom Paynt has a contractual relationship to provide the requested product, service or functionality, including sharing your personal information with Tradespeople in connection with soliciting Tradespeople to complete your Project.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and Service strictly in accordance with these Terms. This license does not include any resale or commercial use of the Website or its contents; any reverse engineering of the Website or Service; any derivative use of the Website or its contents; or any downloading or copying of such information for the benefit of another merchant, user or service. You may not use any automated device, computer program, tool, algorithm, bot or similar process to mine, monitor or systematically scrape or extract data from the Website. Except as otherwise specifically provided elsewhere on this website, redistribution, retransmission, republication or commercial exploitation of the contents of the Website are expressly prohibited without the written consent of Paynt and any copyright owner from whom we have obtained a license.
As a condition of your use of the Website, you warrant to Paynt that you will not use the Website or Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Site.
All content included as part of the Website and Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of Paynt or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not delete or alter any proprietary rights or attribution notices in any content.
Paynt is pleased to hear from its users, however you agree that we will be free to use, for any purpose whatsoever, any feedback, suggestions, ideas or creative materials you disclose or offer to us (“Feedback”), including via e-mails or telephone calls. Any such Feedback is PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. By uploading or otherwise providing any Feedback to Paynt, you hereby grant Paynt, the unlimited, perpetual right to use, reuse, redistribute, modify and create derivative works from such Feedback for any purpose and in any media without compensation, including but not limited to publishing, or developing, manufacturing, and marketing products or services using such Feedback, and you warrant that all “moral rights” in Feedback have been waived.
Disclaimer of Representations or Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND SERVICE ARE PROVIDED “AS IS.” PAYNT DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Paynt will not be responsible for any damages or loss that may result from the hacking or infiltration of the Website or Paynt’s computer systems. The information, software, products, and services included in or available through the Website or Service may contain technical inaccuracies, outdated information and typographical errors.
PAYNT’S SOLE WARRANTY IN CONNECTION WITH THE SERVICE, THE WEBSITE AND THESE TERMS IS THE SATISFACTION GUARANTEE FOR YOUR PARTICULAR PROJECT. YOUR SOLE REMEDY UNDER THE SATISFACTION GUARANTEE IS PERFORMANCE OF ADDITIONAL PAINTING SERVICES TO CORRECT ANY DEFICIENCIES IN ANY PAINTING SERVICES PROVIDED, AS PROVIDED IN THE GUARANTEE.
PAYNT MAKES NO OTHER REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR SUPPLIES OBTAINED BY OR FROM THIRD PARTIES, INCLUDING PAINTING SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PAINTING SERVICES OR THIRD PARTY SUPPLIES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Liability Disclaimer and Release
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PAYNT LTD. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOST PROFITS, PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED WITH (1) THE USE OR PERFORMANCE OF THE WEBSITE OR SERVICE, (2) THE DELAY OR INABILITY TO USE THE WEBSITE OR SERVICE, (3) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES OR PAINTING SERVICES, (4) ANY INFORMATION, SOFTWARE, SUPPLIES OR SERVICES OBTAINED THROUGH THE WEBSITE, (5) ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY TRADESPERSON, SERVICE PROVIDER OR ENTITY WHOSE NAME OR ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE, OR (6) OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, SUPPLIES OR PAINTING SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PAYNT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
YOU UNDERSTAND THAT THE QUALITY OF THE PAINTING SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY TRADESPERSON WHO ULTIMATELY PROVIDES SUCH PAINTING SERVICES TO YOU. PAYNT WILL NOT BE A PARTY TO DISPUTES BETWEEN YOU AND ANY THIRD PARTY TRADESPERSON. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING PAINTING SERVICES OFFERED VIA THE TRADESPEOPLE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU, AND YOU EXPRESSLY WAIVE AND RELEASE PAYNT FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY TRADESPERSON (INCLUDING WITHOUT LIMITATION THEFT, STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY) OR RELATED TO THE PAINTING SERVICES.
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT PAYNT OR ITS AGENTS, EMPLOYEES, OFFICERS OR DIRECTORS OR IS LIABLE FOR DAMAGES, IN NO EVENT SHALL PAYNT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) RELATED TO THE WEBSITE, SERVICE, SUPPLIES OR PAINTING SERVICES EXCEED THE GREATER OF (1) $50 OR (2) THE AMOUNT EARNED BY PAYNT, IF ANY, IN CONNECTION WITH SUPPLIES OR SERVICES OBTAINED BY YOU THROUGH THE SERVICE IN THE 6 MONTHS BEFORE THE CLAIM AROSE.
You agree to indemnify, defend and hold harmless Paynt, its officers, directors, employees, agents and suppliers, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees and costs) relating to or arising out of (i) your use of or inability to use the Website or Services, (ii) your violation of any of these Terms or your use or misuse of the Service or Painting Services, (iii) your violation of any rights of a third party including Tradespeople, (iv) your violation of any applicable laws, rules or regulations, or (v) your interactions with Tradespeople or receipt of Painting Services, including all claims against Tradespeople and Dispute Liabilities. Paynt reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Paynt with respect to such defense, including without limitation in asserting any available defenses.
Paynt reserves the right, in its sole discretion, to terminate your access to the Website and Service or any portion thereof at any time, without notice. These Terms shall continue to apply for as long as you use the Service, and any provisions contained herein which by their nature or effect are required or intended to be observed after termination will survive termination and remain binding, including the provisions regarding your indemnification obligations, our limitations of liability and the resolution of disputes through arbitration.
Changes to Terms
Paynt reserves the right, in its sole discretion, to change the Terms under which the Website and Service may be used by updating this posting, and your use after such change signifies your acceptance of the changed Terms. The most current version of the Terms will supersede all previous versions. Paynt encourages you to periodically review the Terms to stay informed of our updates.
The Service is controlled, operated and administered by Paynt from our offices within the Australia. If you access the Service from a location outside the Australia, you are responsible for compliance with all local laws. You agree that you will not use the Paynt content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Choice of Law
To the maximum extent permitted by law, this agreement is governed by the laws of the Australia.
Despite any representations concerning privacy, Paynt reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages on the Website may include additional or different terms relating to the use of personal information collected from such areas or pages.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Paynt as a result of these Terms or use of the Service. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.
Paynt’s failure to enforce any part of these Terms will not be considered a waiver. You will not transfer any of your rights or obligations under these Terms to anyone else without Paynt’s consent.
Unless otherwise specified herein, these Terms constitutes the entire agreement between you and Paynt with respect to the Website and Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Paynt with respect thereto. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.
Paynt welcomes your questions or comments regarding these Terms or your Project:
Paynt PTY Ltd.
608 Harris Street
PAINTING CONTRACT DETAILS
The name, address and license number of the Tradesperson, as well as a description of the Project and materials to be used and provided, Project Fee and the down payment (or Deposit) are identified in the Painting Contract that is executed prior to the job commencement.
PAYMENTS: The remainder of the Contract Price will be charged on the day the Tradesperson commences work. Paynt retains the Project Fee until completion of the Project and expiration of the complaint period.DURING THE COMPLAINT PERIOD, YOU HAVE THE RIGHT, AS PROVIDED IN THE USER TERMS, TO MAKE A COMPLAINT REGARDING THE SERVICES UNDER THE SATISFACTION GUARANTEE. THE TRADESPERSON WILL NOT BE PAID UNTIL EXPIRATION OF THE COMPLAINT PERIOD, AS PROVIDED IN THE USER TERMS. The Tradesperson does not have any financial or other interest in Paynt.
NOTICE OF CANCELLATION
Right to Cancel: The law requires that the Tradesperson gives you a notice explaining your right to cancel. You acknowledge that notice has been given as part of the User Terms. You agree that Tradesperson has given you notice of your right to cancel the Painting Contract.
The Notice of Cancellation may be sent to Paynt at help@Paynt.com.au
Commencement of work under the Painting Contract occurs when the Tradesperson begins performance of the Painting Services. The approximate start and completion dates are identified in the Painting Contract.
A notice concerning commercial general liability insurance and worker’s compensation insurance for the Tradesperson is included in the Tradesperson’s profile sent prior to commencement of the job.
NOTE ABOUT EXTRA WORK AND CHANGE ORDERS
Extra work and change orders become part of the Painting Contract once the order is prepared in writing and agreed to by the parties through the Paynt Service prior to the commencement of work covered by the new change order. The order must describe the scope of the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on payments. Tradesperson’s failure to comply with the requirements of this paragraph does not preclude the recovery of compensation for work performed based upon legal or equitable remedies designed to prevent unjust enrichment.
List of documents incorporated into the Painting Contract: Paynt User terms, Work Order and the Tradesperson profile (including insurance information) on the Paynt Service.
You are entitled to a complete copy of this Painting Contract, agreed to by both you and the Tradesperson, before any work may be started.