PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.
You are encouraged to print or otherwise make a copy of the Terms for your records. Maintenance Concierge reserves the right to modify, suspend, terminate, or restrict your use of any portion of this website at any time, without notice. Whenever these Terms are amended in a material way, a notice will be posted on this Site. Your continued use of the Site will signify your acceptance of the change in the Terms. The current version of the Terms will normally be available for your reference from a link at the bottom of the home page of this Site. If you choose to use this Site and access our services, Maintenance Concierge will regard this as definitive evidence of your agreement and acceptance that these terms govern Your and Maintenance Concierge’s rights and obligations to each other. Maintenance Concierge will provide the Customer with our Services on the following terms and conditions unless Maintenance Concierge agrees, in writing, to vary these terms and conditions. Maintenance Concierge reserves the right to change these terms and conditions at any time. You are advised to check these terms and conditions before each dealing you have with Maintenance Concierge.
1. Definitions:
a. An “Affiliate” of a Person means and includes any other Person directly or indirectly
controlling or controlled by or under direct or indirect common control with the
Person. For purposes of this definition, “control,” when used with respect to such
other Person, means the power to direct the management and policies of such other
Person, directly or indirectly, whether through the ownership of voting securities, by
contract, or otherwise; and the terms “controlling” and “controlled” have the
meanings relative to the foregoing.
b. “Authorised Representative” means any director, officer, employee, agent, or other
representative of Maintenance Concierge or an Affiliate of Maintenance Concierge.
c. “Content” means documentation, marks, images, charts, graphs, graphics, designs,
photographs, audio and video clips, software, and HTML, XML and similar code.
d. “Customer” means the entity to which the accompanying tender, quotation, letter, text
or email is addressed.
e. “Confidential Information” means all information in relation to a disclosing party, its
business, operations, products, processes, customers, suppliers or contractors which is
or might reasonably be considered by the disclosing party to be confidential, including
all technical data, formulae, specifications, diagrams, plans, drawings, sketches,
designs, business plans and reports, business methods and systems, business records,
production information, unpublished financial accounts and reports, discount and
supply agreements, subcontractor list, customer lists, except to the extent that such
information is lawfully in the public domain.
f. “Consequential Loss” means loss or damage from a breach of contract, tort (including
negligence), under statute or any other basis in law or equity including, but without
limitation loss of profits, loss of revenue, loss of production, loss or denial of opportunity, loss of access to markets, loss of goodwill, loss of business reputation,
future reputation or publicity, damage to credit rating, loss of use, and indirect,
remote, abnormal or unforeseeable loss, or any similar loss whether or not in the
reasonable contemplation of the parties at the time of this Arrangement.
g. “Documentation” means, if issued by Maintenance Concierge, any tutorial, frequently
asked questions, help files, and other information that may be made available by links
on this Site or through a help desk on the operation and administration of this Site.
h. “Fee” shall mean our fee for providing the Services.
i. “Force Majeure Event” means any event or circumstance beyond the reasonable
control of Maintenance Concierge, including without limitation any act of God, strike,
boycott, lockout or other industrial disturbance, default of suppliers or subcontractors, lightning, fire, storm, flood, earthquake, inclement weather, act of war
(declared or undeclared), blockade, insurrection, riot or other civil disturbance,
inability to obtain equipment, labour or essential materials, act of any government or
authority, including refusal or delay in obtaining any necessary consent, approval or
licence, or accident, explosion or breakage.
j. “Intellectual Property” means all intellectual property and proprietary rights (whether
registered or unregistered) owned by Maintenance Concierge prior to performance of
the Services, developed by Maintenance Concierge in performance of the Services or
developed by Maintenance Concierge outside of, or after, performance of the Services,
and without limitation includes business names, trade or service marks, any right to
have information (including confidential information) kept confidential, patents, patent
applications, drawings, discoveries, inventions, improvements, trade secrets, technical
data, formulae, databases, know-how, logos, designs, design rights, copyright and
similar industrial or intellectual property rights.
k. “Marks” means trademarks, service marks, logos and names and titles, of and
associated with Maintenance Concierge or an Affiliate of Maintenance Concierge.
l. “Person” means any individual, partnership, limited liability company, corporation,
trust, estate, association, or any other legal or commercial entity.
m. “Report” has the meaning given to it in Section 4.
n. “Services” shall include all services provided by Maintenance Concierge to the
customer as described in the accompanying tender, quotation, letter, text or email and
shall include without limitation the provision of testing, analysis, provision of reports
and feedback.
2. General:
a. Maintenance Concierge will provide the Services described in the accompanying
tender, quotation, letter, text or email to the Customer which together with these
terms and conditions will hereafter be called the ‘Arrangement’.
b. This Arrangement will be binding on the Customer from the date the Arrangement is
accepted by the Customer in the Arrangement section below. However, the placement
of the order for or receipt of samples for analysis based on this Arrangement will
constitute acceptance of the Arrangement by the Customer.
3. Provision of Services:
a. Maintenance Concierge will provide the Services by exercising the same degree of skill,
care and diligence that would be exercised by professional service providers in similar
circumstances.
b. The Customer acknowledges that it is the Customer’s sole responsibility to make its
own assessment of the suitability for any purpose of the Services, detection limits and
confidence intervals inherent in Maintenance Concierge’s standard testing
methodology, the Maintenance Concierge Report, and its contents.

c. If the Customer requires the Services to be performed by specific test method or
requires detection limits and/or confidence intervals different to those inherent in
Maintenance Concierge standard testing methodology, then the Customer must
instruct Maintenance Concierge of such a variation prior to Maintenance Concierge
performing the Services.
d. Maintenance Concierge may delegate the performance of all or part of the Services to
an agent or a subcontractor and the Customer consents to Maintenance Concierge
disclosing all information (including Confidential Information) of the Customer to that
agent or subcontractor necessary for the performance of the Service by the agent or
subcontractor.
4. Reports:
a. Maintenance Concierge will endeavour to provide results in the form of a report,
within two working days from the date the sample reaches the Laboratory for analysis.
b. Any reports, findings, results, statement, certification issued by Maintenance Concierge
(Maintenance Concierge Report) is issued on the basis of testing of samples or
materials, information, or documents provided by, or on behalf of, the Customer. The
Customer will indemnify and hold harmless Maintenance Concierge, its officers,
employees, agents and subcontractors for any claim whatsoever in relation to any
Maintenance Concierge Report arising from unclear, erroneous, incomplete,
misleading or false information provided to Maintenance Concierge; or arising from
any incorrect or defective materials or samples provided to Maintenance Concierge.
c. Each Maintenance Concierge Report is:
I. Issued on the testing of samples or specific materials using detection limits and
confidence intervals inherent in Maintenance Concierge’s testing methodologies; and
II. Contains Maintenance Concierge’s results and opinions (if provided) on those
samples or specific materials only.
d. Each Maintenance Concierge Report is solely for the benefit of the Customer, its
officers, and employees, and subject to the following terms:
I. The Maintenance Concierge Report has been commissioned by the Customer on the
terms and conditions contained in this Arrangement;
II. Moral rights in the Maintenance Concierge Report are owned by Maintenance
Concierge;
III. The Maintenance Concierge Report has been prepared at the request of the
Customer for the Purpose agreed between the Customer and Maintenance Concierge.
The Customer may disclose the report to a third party for that purpose only, but
Maintenance Concierge does not accept any responsibility or liability (including,
without limitation, liability for negligence) to that third party. Any disclosure to a third
party must be of the whole of the Maintenance Concierge report, including
Maintenance Concierge’s disclaimer notice which is substantially the same as the terms
outlined in this clause 10(c).
IV. While Maintenance Concierge has taken all due care to ensure that the information
contained in the Maintenance Concierge Report is true and correct and is not
misleading or deceptive, neither Maintenance Concierge, nor any of its officers,
employees or agents make any representations or warranties, express or implied,
other than to the Customer, as to the accuracy of the information contained therein.
Except insofar as liability under any law cannot be excluded, and subject to clause 5,
Maintenance Concierge accepts no responsibility arising in respect of the information
contained in the Maintenance Concierge Report for errors or omissions (including
responsibility to any person by reason of negligence); and
V. Maintenance Concierge reservices its right to review, update or supplement any
Maintenance Concierge Report. Any further information will be provided subject to the
terms of this Arrangement.

e. The Customer will not reproduce or publish extracts of any Maintenance Concierge
Report without the prior written consent of Maintenance Concierge, and subject to
terms outlined in clause 11(d).
f. The Customer indemnifies Maintenance Concierge, its directors, employees, agents,
consultants, contractors, successors in title and assigns against any claim made against
any or all of them by third party; or any reproduction or publication of an extract of any
Maintenance Concierge Report.
(g) The Customer acknowledges and agrees that any action, inaction, or decision of the
Customer in response to the Maintenance Concierge Report will be determined by the
Customer. Neither Maintenance Concierge nor any of its officers, employees, agents or
subcontractors will be liable to the Customer or any third party for any action or
inaction of the Customer in response to any Maintenance Concierge report.
(h) Maintenance Concierge will retain Customer data and Confidential Information for
a minimum of 3 years from date of the final Maintenance Concierge Report.
5. Fees and Payment
a. Maintenance Concierge reserves the right to review prices at any time if significant
changes to Maintenance Concierge’s costs are incurred that are beyond Maintenance
Concierge’s control. Such changes may include but are not limited to, changes in
legislative requirements, Customer variations to sample numbers, analytes requested,
turnaround time required, or reporting requirements.
b. Payment for Services shall be made in full prior to Maintenance Concierge going to site
(Due Date) or immediately upon making a booking whichever is the earliest of the two
options, unless negotiated otherwise prior to the placement of an order or submission
of samples. Any such variance from the standard payment terms must be stipulated
separately in writing in the Arrangement. For approved customers, payment shall be
made according to an approved payment term. If you wish to become an approved
client, complete the credit application form here and submit it to us.
c. All prices quoted by Maintenance Concierge are exclusive of GST (or other value added
tax if relevant) unless stated otherwise.
d. All fees due and payable after the Due Date (Outstanding Amount) will be subject to
the payment of interest at a rate of 1.5% per month of the Outstanding Amount from
the Due Date up to and including the date of payment unless Maintenance Concierge
and the Customer otherwise agree in writing.
e. The Customer will indemnify Maintenance Concierge for any fees incurred by
Maintenance Concierge to recover the Outstanding Amount, including any solicitor
fees, or collection agency fees.
f. Prior to the supply of Services, Maintenance Concierge may require a non-refundable
deposit from the Customer.
g. If the Customer cancels a job within 24 hours prior to attendance, Maintenance
Concierge reserves the right to charge the Customer a cancellation fee.
h. Maintenance Concierge will work with the Customer to agree a mutually agreeable
time and date to undertake testing. If this condition is breached by the Customer, the
Customer will forfeit the Fee for a ‘no show’.
i. Testing can be rescheduled in accordance with clause 2.b.

6. Termination
a. Maintenance Concierge may suspend or terminate its obligations under this
Arrangement if (i) monies payable to Maintenance Concierge by the Customer are
outstanding by 20 days or more (unless otherwise agreed) after the date of invoice, (ii)
other substantial breach by the Customer of their obligations under the Arrangement,
which breach is not remedied within 10 days of written notice from Maintenance Concierge requiring the breach to be remedied, (iii) by giving the Customer 30 days
written notice Maintenance Concierge intention to terminate.
b. The Customer may terminate its obligations under this Arrangement in the event of a
substantial breach by Maintenance Concierge of its obligations under the
Arrangement, which breach has not been remedied within 30 days of written notice
from the Customer to Maintenance Concierge requiring the breach to be remedied.
c. If Maintenance Concierge, acting reasonably, suspects that the Customer is insolvent
or is having difficulties paying its debts as and when they become due, or the Customer
is insolvent, Maintenance Concierge may give written notice to the Customer of
Maintenance Concierge’s intention to immediately suspend or terminate its obligations
under this Arrangement.
(d) In the event of termination, Maintenance Concierge is entitled to be paid for all
work performed before the date of termination and for any unavoidable commitments
entered into by Maintenance Concierge before the date of termination.
7. Limitation of Liability
a. To the full extent permitted by law, Maintenance Concierge excludes all warranties,
terms, conditions or undertakings (Terms), whether expressed or implied, in relation to
the Services, the Maintenance Concierge Report, or its contents. Where any legislation
implies any Terms in this Arrangement that cannot be modified or excluded then, such
Terms shall deem to be included. However, to the full extent permitted by law,
Maintenance Concierge’s liability to the Customer for any breach of any Terms that
cannot be excluded by law is limited at Maintenance Concierge’s option to the reperformance of the Services or the refund of the fee for the Services.
b. The Customer hereby releases and indemnifies and shall continue to release and
indemnify Maintenance Concierge, its officers, employees and agents from and against
all actions, claims, (actual or threatened), proceedings or demands (including any costs
and expenses in defending or servicing same) which may be brought against it or them,
in respect of any loss (including Consequential Loss), death, injury, illness or damage to
persons or property, and whether direct or indirect and in respect of any breach of any
industrial or intellectual property rights, howsoever arising out of the use of, reliance
on, or benefit of, the Services or any Maintenance Concierge Report, except to the
extent that the loss, death, injury, illness or damage to persons or property was directly
caused by the negligence, wilful acts or omissions of Maintenance Concierge or its
employees.
c. Notwithstanding any other provision in this Arrangement, the cumulative liability
under this Arrangement to the Customer and any third-party claim is limited for any
claim for loss or damage whatsoever, whether arising in tort or contract or any other
cause of action, to the value of the Services provided by Maintenance Concierge to the
Customer.
d. Without limiting the generality of clauses 5(a) and 5(b), it is agreed that, to the full
extent permitted by any applicable laws having jurisdiction, Maintenance Concierge
will not be liable to the Customer or any other person for any special, indirect or
Consequential Loss arising from the Customer’s use of, reliance on, or benefit of, the
Services or any Maintenance Concierge Report.
e. The Customer acknowledges that during the performance of the Services, any samples
supplied by, or on behalf of, the Customer or parts thereof may be altered, lost,
damaged, or destroyed. Maintenance Concierge will not be liable whatsoever to the
Customer or any third party for any samples so altered, lost, damaged, or destroyed.

8. Consumer Guarantees Act
Services provided to all business customers or for commercial purposes are expressly excluded
from all provisions under Consumer Guarantees Act 1993.
9. Customer’s Obligations
a. The Customer warrants they have obtained necessary permissions to arrange the test
and are legally able to grant access to the property as the owner, tenant, property
manager, real estate agent or owner’s agent.
b. The Customer warrants the information provided is correct and not misleading.
c. The Customer will ensure that all personnel, information, samples, test materials,
access to facilities and infrastructure, assistance, records, documentation, and facilities
needed by Maintenance Concierge to perform the Services, are available when
reasonably required by Maintenance Concierge.
d. The Customer will give written notices to Maintenance Concierge of all known safety or
health hazards and special procedures applicable to the performance of the Services
and the safe handling, testing, storage, transport, and disposal of samples submitted to
Maintenance Concierge (including whether the disposal of samples may cause
contamination) or the Customer’s facilities or infrastructure in which Maintenance
Concierge is partly or wholly performing the Services. Maintenance Concierge may in
its absolute discretion, refuse to provide part or all the Services where it determines
that the provision of part or all the Services may pose a health or safety hazard.
e. The Customer must take all necessary steps to remove or remedy any known safety or
health hazards, or any obstacles to or anything that is likely to interrupt the
performance of the Services by Maintenance Concierge.
f. The Customer shall indemnify Maintenance Concierge and keep Maintenance
Concierge indemnified against, any claim, liability, loss (including consequential loss
and loss of profit), damage or expense (including lawyer’s fees) made against, or
suffered or incurred, by Maintenance Concierge and arising from or out of any breach
by the client of the warranty claimed in clause 6(a).
10. Confidential Information
a. Neither Maintenance Concierge nor the Customer will disclose Confidential
Information of the other party to any third party without the prior written consent of
the other party, unless required by law or the rules of a relevant stock exchange.
b. Maintenance Concierge and the Customer will only use Confidential Information of the
other party for the purpose of the supply of the Services.
11. Privacy Policy
a. Maintenance Concierge will hold all personal information collected in association with
Maintenance Concierge in accordance with the requirements of the Privacy Act 2020
including any information automatically retrieved during the Customer’s visits to this
website (together “your information”).
b. This website may solicit certain personal information from the Customer through
features or activities.
c. By accessing and browsing this website the Customer consents to the collection, use,
disclosure, storage, and processing of the Customer’s information in accordance with
clause 13.c.
d. The Customer’s information will only be used for internal purposes, and to
communicate with the Customer in relation to Maintenance Concierge and relevant
third-party services, features and activities of this site, and for market research
purposes. In communicating with the Customer for these purposes, the Customer
consents to receiving communications from Maintenance Concierge in any form
including by email or text message.
e. Maintenance Concierge will not release the Customer’s information to any third party
except where required to or permitted to by law, where the Customer has authorised
us to do so, or where disclosure is connected to the purposes for which the Customer’s
information was collected (including any purpose listed above). The Customer’s
information will be retained only for as long as necessary to fulfil the purposes for
which it was collected.
f. The Customer may ask to see their information, and have it corrected, altered or
deleted at any time by contacting Maintenance Concierge at info@maintenanceconcierge.com.
12. Disputes
a. No claim relating to Services will be considered unless made within 14 days of
provision of the Services.
b. Maintenance Concierge follows a pre-determined Disputes Resolution process. This
process can be found here on the website.
13. Intellectual Property
a. All Maintenance Concierge Intellectual Property will remain the property of LVG
Maintenance Limited.
b. Maintenance Concierge grants to the Customer a world-wide, non-exclusive, royalty
free licence to use Maintenance Concierge Intellectual Property for the purpose agreed
to between the Customer and Maintenance Concierge to the extent that it is needed
for the enjoyment and benefit of the Services.
c. Maintenance Concierge agrees to keep confidential all information relating to the
Customer or any client of the Customer, which is at any time made available to
Maintenance Concierge.
d. Any parties operating competing property testing services are expressly excluded from
using Maintenance Concierge resources and information either directly or through
third parties. Maintenance Concierge maintains the right to hold any parties breaching
this term fully responsible for all costs and losses that may result.
14. Force Majeure
a. If Maintenance Concierge is prevented in whole or in part from performing its
obligations by a Force Majeure Event, Maintenance Concierge may suspend
performance of those obligations by giving written notice to the Customer. Any nonperformance or delay in performance resulting from the Force Majeure Event will not
be deemed to be a breach of this Arrangement.
b. If a suspension under this clause 11 exceeds 90 days, Maintenance Concierge may
immediately terminate the Arrangement by written notice to the Customer. In the
event of termination, Maintenance Concierge is entitled to be paid for all work
performed before the date of termination and for any unavoidable commitments
entered into by Maintenance Concierge before the date of termination.
15. Health and Safety
a. On entering the Customer’s premises to supply Services, Maintenance Concierge will
comply with all Department of Labour guidelines, Health and Safety at Work Act 2015
and the Customer will comply with any directions from Maintenance Concierge in this
regard, including both written and verbal directions.
b. Maintenance Concierge will take all practicable steps to ensure their own safety and
the safety of others while on the premises.
16. Miscellaneous
a. Maintenance Concierge may assign or subcontract the storage and handling of samples
under this agreement without prior written approval of the Customers, excluding
transport.
b. Any provision of this Arrangement that is illegal, invalid or unenforceable will be
severed to the extent that it is illegal, invalid or unenforceable, with the remainder of
the Arrangement continuing in full force.
c. This Arrangement is governed by the law of the state, territory, or country in which the
Services are provided, and each party irrevocably and unconditionally submits to the
non-exclusive jurisdiction of the courts of that place.
17. Cancellation Policy
a. Bookings cancelled with greater than 24hs notice – No cancellation fee applies (This
excludes non-business days) – This excludes COVID-19 Risk Management Services.
b. Bookings cancelled with less than 24hrs notice – $99.95 + GST (This excludes nonbusiness days).
c. Bookings cancelled at the scheduled time of booking (or client no-show) or after our
staff member(s) reach site (or is making way to site) – Full Service Fee Charged.
d. COVID-19 Risk Management Services will incur an administrative fee of $30 + GST per
sample/passenger if cancelled after payment is made or booking requested.