Cutleaf Lawn Care & Garden Services (Australia)

a. By accepting a quote, approving works, booking services, or engaging Cutleaf, the client confirms they have read, understood, and agree to these Terms & Conditions.

b. These Terms are intended to comply with all applicable Australian laws, including the Australian Consumer Law (ACL). Clause 12 sets out how the ACL applies to these Terms and to the client's rights.

In these Terms, unless the context otherwise requires:

• "Business Day" means a day other than a Saturday, Sunday, or Victorian public holiday.

• "Business Hours" means 8:00am to 6:00pm on a Business Day.

• "Client" means the person, business, or entity engaging Cutleaf's services, including their authorised representatives under clause 19.

• "Completion" means the date Cutleaf finishes the agreed scope of work for a particular visit or job.

• "Consumer" has the meaning given in the Australian Consumer Law.

• "Growing Season" means the period during which plant and grass growth is active — generally spring through to the end of autumn in Victoria, though this may vary depending on actual seasonal conditions and plant type.

• "Recurring Services" means services scheduled to recur on an ongoing basis (for example, weekly, fortnightly, or monthly mowing or maintenance), as distinct from a single booked job.

• References to "days" mean calendar days unless stated as "Business Days."

a. Quotes are based on information provided at the time of quoting.

b. Quotes are estimates only and may change due to variations, hidden site conditions, material costs, access issues, or additional work requested after quoting.

c. Cutleaf reserves the right to correct clerical or pricing errors before work commences.

d. No amended work will commence without client approval.

e. Unless otherwise stated in writing, quoted prices are valid for 14 days.

f. Unless otherwise stated, all quoted and invoiced prices, together with any fees or charges under these Terms, are inclusive of GST where GST applies. A compliant tax invoice will be provided for all charges.

a. Services will be described in the written quote, invoice, work order, or service description.

b. Variations or additional works requested after acceptance may incur additional charges and must be agreed in writing where practical.

c. If the client is absent, unavailable, or not onsite, work will be completed in accordance with the agreed scope, professional judgment, and industry standards.

d. Exact measurements, finished heights, plant appearance, material colour, aggregate size, or aesthetic outcomes are not guaranteed unless specifically stated in writing.

a. Once a quote is accepted or a service is booked, Cutleaf will schedule the work based on crew availability and confirm a scheduled date (and, where practical, an approximate time window) with the client.

b. Scheduled dates and time windows are estimates, not guaranteed arrival times, and may be affected by weather, traffic, access, or the circumstances described in clause 10 (Delays & Circumstances Beyond Cutleaf's Control).

c. Cutleaf will make reasonable efforts to notify the client of any change to a scheduled date or time window.

d. Recurring services are scheduled on a fixed, ongoing basis under clause 6 (Recurring & Ongoing Services), rather than arranged individually for each visit.

e. For maintenance-type jobs (for example, overgrown lawn or garden clean-ups), Cutleaf's current scheduling target is to carry out the work within approximately one month of quote acceptance, subject to clause 10 (Delays & Circumstances Beyond Cutleaf's Control). This is a target, not a guaranteed timeframe, and accepted quotes are not held open indefinitely.

f. For larger landscaping or project work, Cutleaf has more flexibility around timing and may schedule the job for a mutually convenient time, including the cooler months. Where the client agrees to flexible scheduling, Cutleaf may offer a reduced price to reflect that flexibility.

g. If the client repeatedly postpones or reschedules a maintenance-type job after accepting the quote, Cutleaf may treat the original quote as void. Because quoted prices for these jobs reflect the site's condition — including grass, hedge, or garden growth — at the time of quoting, work delayed by repeated client postponement can significantly increase the scope of work beyond what was quoted, and may require a new inspection and re-quote to reflect the site's current condition before work proceeds.

a. Where services are provided on a recurring basis (for example, scheduled lawn mowing or garden maintenance), this clause applies in addition to clause 9 (Cancellations & Rescheduling), starting from the first scheduled visit of the arrangement — even before a pattern of visits has occurred.

b. Either party may end a recurring service arrangement by giving at least 14 days' notice in writing (by email or text). If a visit is already scheduled within that 14-day notice period, the client may choose to have Cutleaf carry out that visit as normal (and be billed for it), or decline attendance, in which case Cutleaf will still bill for that visit without attending.

c. If the property is sold or a tenancy ends, the client should notify Cutleaf as soon as possible. The recurring arrangement does not automatically transfer to a new owner or tenant — they will need to make their own arrangement with Cutleaf — and the notice period in (b) continues to apply to the outgoing client unless Cutleaf agrees otherwise.

d. Clients have access to a client portal showing their upcoming schedule (typically the next 6 scheduled visits), and Cutleaf will also notify the client approximately 24 hours before a scheduled visit that the crew will be attending. The client should ensure the property is ready for access following that notice.

e. The client may skip, pause, or reschedule an individual scheduled visit by giving at least 48 hours' notice before the visit. During the growing season, the client may use this to skip no more than one visit per season. If notice is given less than 48 hours before the visit, or if the crew attends and the visit doesn't proceed, the client will be charged the service price for that visit, or $110, whichever is greater — reflecting the lost job slot, the administrative time spent trying to fill it, and any wasted attendance.

f. If Cutleaf determines, before a scheduled visit, that the visit isn't required (for example, due to insufficient growth or seasonal conditions), Cutleaf will notify the client and skip that visit at no charge. This is separate from, and doesn't affect, any fee that applies under (e) for a client-initiated late cancellation.

g. Recurring services continue on the agreed schedule until ended in accordance with this clause, regardless of whether an invoice has been issued for a prior visit.

h. Cutleaf will make reasonable efforts to notify the client of changes to the recurring schedule (for example, due to weather, public holidays, or crew availability) under clause 10.

i. The price quoted for a recurring arrangement reflects the property's scope and condition at the time of the original quote and site visit. Where the property has since changed — for example, new garden beds, expanded lawn or garden areas, additional plantings, or other features added by the client — such that a visit now reasonably takes longer than originally quoted, Cutleaf may reassess the scope and adjust the price accordingly, with reasonable notice to the client.

j. Cutleaf may otherwise adjust prices for a recurring arrangement to reflect increases in costs such as wages, fuel, or materials, by giving at least 14 days' written notice. If the client doesn't wish to continue at the new price, they may end the arrangement in accordance with (b). Where a cost increase is imposed by a third party with little or no notice to Cutleaf — for example, a council or government fee — Cutleaf may pass on that increase with as much notice as is reasonably practicable in the circumstances.

k. If a scheduled recurring visit is missed due to weather (for example, a rained-out day) or another circumstance under clause 10, Cutleaf will generally try to reschedule it later in the same week or at the next availability. If that isn't possible, the visit is skipped and the client's schedule resumes at the next regularly scheduled visit, at no additional charge and without affecting the skip allowance in (e). Cutleaf may also bring a visit forward if significant rain is forecast, to avoid a rain-out where practical.

l. Where a client has more than one property under a recurring arrangement with Cutleaf, notice given under this clause applies to the specific property identified, unless the client states otherwise.

a. Unless otherwise agreed in writing, payment for one-off or direct residential services is due within 7 days of the invoice being sent.

b. For accounts funded, paid, or administered by a third party — including NDIS plan managers, insurers, government agencies, or commercial and body corporate clients — payment terms are as agreed in writing with the relevant payer and may extend beyond 7 days. Late fees, interest, and collection action under clause 8 only apply once the agreed term for that specific account has actually elapsed.

c. Deposits may be required for large, custom, or multi-day projects.

d. If payment remains overdue, Cutleaf may apply administration fees in stages as the account becomes further overdue, plus reasonable debt recovery costs to the extent permitted by law:

• 9 days after the invoice is sent: a $30 administration fee

• 14 days overdue: a further $30 administration fee (cumulative $60)

• 21 days overdue: a further fee of 20% of the invoice total

e. Accepted payment methods include Cash, EFT, Card on File, or other approved electronic payment methods.

Bank Transfer Details

On request

Cutleaf will never change these bank details, or ask you to pay a different account, by email or text message. If you receive such a request, please verify it by phone on 0448 716 335 or email admin@cutleaf.com.au before paying.

Card on File Authorisation

By providing card details, the client authorises Cutleaf to charge the card for:

• Approved services and completed works

• Outstanding balances

• Approved variations

• Late payments (clause 7(d))

• Cancellation fees (clause 9)

• Late-notice recurring visit fees (clause 6(e))

• Call-out fees (clause 15)

• Debt collection agency fees where an account has been referred under clause 8(b)

Invoices or receipts will be provided for all charges. The client must ensure card details remain valid and sufficient funds are available.

Where a card is on file, Cutleaf will automatically charge the card for the invoice at the completion of the job. If a charge attempt fails, the client will be notified automatically, and Cutleaf will make up to two further attempts before the due date. If payment has still not been successfully processed by the due date, the account will be treated as overdue and clause 7(d) applies.

a. Overdue invoices may result in suspension or termination of ongoing services, including recurring services under clause 6.

b. If an invoice remains unpaid 30 days after it is sent, Cutleaf may refer the account to a debt collection agency. Cutleaf will generally send a final notice around 28 days after the invoice is sent before doing so. The client is liable for the collection agency's fees, in addition to the amount owing, to the extent permitted by law.

c. Cutleaf reserves the right to recover reasonable debt collection costs, administrative costs, legal fees, and recovery expenses associated with unpaid invoices, to the extent permitted by law.

d. Failure to dispute an invoice or completed works within 7 days of service completion may be treated as acceptance that the works were completed in accordance with the agreed scope. This does not affect the client's non-excludable rights under clause 12.

a. For one-off or non-recurring booked works, at least 7 days' notice in writing (by email or text) is required to cancel or reschedule without charge.

b. Cancellations with less notice may incur a cancellation fee of 50% of the quoted job value, or $110, whichever is greater.

c. Recurring or ongoing services are governed by clause 6, not this clause.

d. Cutleaf may reschedule services due to weather, safety concerns, operational requirements, equipment issues, or site conditions, and will make reasonable efforts to notify the client in advance.

Services may be postponed, modified, suspended, or cancelled due to circumstances outside Cutleaf's reasonable control, including unsafe weather, environmental risks, access limitations, soil conditions, flooding, drought, fire risk, staff illness or injury, equipment breakdown, supply shortages, or government restrictions. Cutleaf will make reasonable efforts to notify the client and reschedule as soon as practicable, and is not liable for delays caused by these circumstances.

a. Cutleaf exercises reasonable care and skill in all services provided.

b. Cutleaf is not liable for:

• Pre-existing damage

• Hidden services or underground utilities not disclosed to Cutleaf in writing

• Damage caused by debris, rocks, roots, or concealed hazards

• Environmental conditions

• Plant shock, transplant stress, or natural plant responses following pruning or reduction

c. Liability is limited to loss caused by proven negligence, to the extent permitted by law.

d. To the maximum extent permitted by law, Cutleaf is not liable for indirect, incidental, or consequential loss.

e. Subject to the client's rights under clause 12, and to the extent permitted by law, Cutleaf's total liability for a claim arising from a service is limited, at Cutleaf's option, to resupplying the service, the cost of having the service resupplied, or the amount paid by the client for that specific service. This limitation does not apply to liability for death or personal injury caused by Cutleaf's negligence, or to any other liability that cannot lawfully be limited or excluded.

f. Cutleaf holds public liability insurance of $20,000,000. A certificate of currency is available on request.

a. Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy given to the client under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded, restricted, or modified.

b. Where Cutleaf provides services to a client as a consumer within the meaning of the Australian Consumer Law, the client is entitled to consumer guarantees, including that services will be provided with due care and skill, will be reasonably fit for any disclosed purpose, and will be supplied within a reasonable time.

c. If a service fails to meet a consumer guarantee, the client may be entitled to have the service performed again or, for a major failure, to cancel and receive a refund for the unused portion together with compensation for other reasonably foreseeable loss or damage.

d. Clauses 11 and 16 operate subject to this clause and do not limit these rights.

The client must ensure:

• Safe and accessible work areas

• Pets are secured

• Children and other bystanders are kept clear of the work area while Cutleaf's crew is operating equipment

• Hazards are removed

• Vehicles, trampolines, furniture, and other obstacles are moved by the client before the scheduled visit

• Accurate instructions and expectations are communicated prior to commencement

• Any hidden services, underground utilities, or known hazards are disclosed to Cutleaf in writing before work begins

• Where a service involves fertilisers, herbicides, pesticides, or similar treatments, people and pets are kept off the treated area for the period specified in the relevant service-specific policy or as advised by Cutleaf at the time of service

Failure to comply may result in additional fees, delays, or suspension of works.

Cutleaf's crew is not engaged to move large or heavy items such as trampolines, furniture, or garden structures — moving these before the scheduled visit is the client's responsibility under this clause. If a crew member moves a minor item as a courtesy, this is done at Cutleaf's discretion and doesn't create an ongoing obligation to do so.

Where a hazard the client was responsible for disclosing or securing under this clause causes injury to Cutleaf's staff or subcontractors, or damage to Cutleaf's equipment, the client indemnifies Cutleaf against reasonable costs arising from that injury or damage, to the extent permitted by law.

a. Cutleaf may refuse to commence, or may suspend or terminate, a service where the client or another person at the property behaves in an abusive, threatening, or unsafe manner toward Cutleaf's staff or subcontractors.

b. Cutleaf may also refuse, suspend, or terminate a service where the property presents a safety risk that hasn't been addressed under clause 13, or where the client is in material breach of these Terms, including repeated non-payment.

c. Cutleaf's crew may decline to start, or may stop and leave, a job at any time if they reasonably consider it unsafe to continue — including due to aggressive animals, unstable structures, unsafe access, or aggressive behaviour by any person at the property. Where a job is stopped for this reason because the client hasn't met their obligations under clause 13, the client remains liable for the visit as if it had been completed.

d. Where reasonably practicable, Cutleaf will explain the reasons before ending a service. This clause does not limit any other right under these Terms, including the right to charge fees already incurred.

a. Access must be provided at scheduled service times, which generally fall within Business Hours.

b. If Cutleaf's crew attends but cannot gain access, and the client becomes available again later the same day while the crew is still working in the area, Cutleaf will return to complete the job for a $110 call-out fee, charged in addition to the normal service fee.

c. If Cutleaf has already finished working in the area for the day and must make a dedicated return trip on a separate occasion to complete the job, a $210 return trip fee applies instead, charged in addition to the normal service fee and covering the drive out and back. Unlike travel between multiple scheduled jobs on the same day, this cost isn't shared across other jobs, so it's charged in full.

d. A cancellation fee (clause 9) or rescheduling charge may also apply where relevant.

a. In addition to, and without limiting, the client's rights under clause 12, Cutleaf offers a 3-day workmanship assurance on eligible services unless otherwise stated in writing.

b. If the client notifies Cutleaf of a workmanship issue within 3 days of service completion, Cutleaf will assess and, where appropriate, rectify the issue at no additional charge.

c. This assurance excludes:

• Natural events

• Regrowth

• Seasonal plant behaviour

• Weed growth

• Weather effects

• Drought or excessive rainfall

• Pest or disease damage

• Soil movement

• Client interference

• Lack of maintenance after service completion

d. Results may vary based on environmental conditions, watering, soil quality, weather, plant health, and ongoing maintenance.

e. Hard pruning, hedge reductions, and regenerative trimming may temporarily alter plant appearance while regrowth occurs.

a. Landscaping, hedge trimming, pruning, gravel installation, turf works, and garden services are subjective in appearance and may vary from client expectations.

b. Unless exact specifications are agreed in writing, Cutleaf will complete works using professional judgment, practical suitability, and industry standards.

c. Cutleaf does not guarantee:

• Immediate aesthetic outcomes

• Exact hedge shapes

• Future regrowth performance

• Colour consistency

• Material size uniformity

• Plant density following reduction pruning

d. Plant regrowth timelines vary depending on species, weather, watering, and seasonal conditions.

Natural and landscaping materials including gravel, stone, mulch, soil, turf, timber, and plants may vary in size, colour, texture, dust content, shape, and appearance from samples, photographs, previous installations, or client expectations.

Where exact products are not specified in writing, Cutleaf reserves the right to select commercially suitable materials appropriate for the intended use of the area.

a. Cutleaf may rely on instructions provided by property owners, occupants, spouses, tenants, agents, representatives, or persons reasonably appearing to have authority regarding the works.

b. Approval provided by text message, email, phone call, social media message, online acceptance, or verbal onsite instruction may be treated as authorisation to proceed with quoted works.

c. The client is responsible for ensuring all desired specifications, heights, measurements, materials, and expectations are clearly communicated before commencement.

a. Cutleaf may use employees, contractors, or subcontractors to perform any part of the services, and may allocate different crews or personnel to a job at its discretion, provided the work is carried out to the standard required under these Terms.

b. Where a subcontractor is engaged to carry out part of the services, Cutleaf will share only the client's name and property address with that subcontractor — enough for them to attend and complete the job — and nothing further, unless additional information is specifically required for that job and requested by Cutleaf.

Cutleaf may photograph or video record properties, worksites, landscaping conditions, completed works, or service areas for quoting, documentation, quality assurance, training, dispute resolution, legal purposes, or marketing purposes, unless otherwise agreed in writing.

At sites where children or vulnerable persons may be present — including childcare centres, schools, retirement villages, and NDIS participants' homes — Cutleaf will take reasonable care to avoid capturing identifiable images of people, and will not use such images for marketing purposes without the relevant consent.

Client information is collected, used, and disclosed for service delivery, administration, billing, marketing (where permitted), and legal compliance in accordance with the Privacy Act 1988 (Cth) and Cutleaf's Privacy Policy.

Personal information is not sold. Information may be shared with trusted third-party service providers or where required by law — see clause 20(b) for how this applies to subcontractors specifically.

Where services are delivered to NDIS participants, Cutleaf also handles personal information in accordance with applicable NDIS Commission privacy requirements.

a. If the client has a concern about completed works or an invoice, they should contact Cutleaf at admin@cutleaf.com.au or 0448 716 335 within 7 days of service completion (see clause 8(d)).

b. Cutleaf will acknowledge complaints within a reasonable time and work with the client to resolve the issue, which may include reinspection, rectification, or further discussion.

c. Nothing in this clause affects the client's right to pursue a complaint through Consumer Affairs Victoria, the Australian Competition and Consumer Commission, or any other applicable body.

These Terms are governed by the laws of Victoria, Australia, and the Australian Consumer Law.

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be read down to the minimum extent necessary to make it valid or enforceable or, if that isn't possible, severed. The remaining provisions continue in full force and effect.

Cutleaf may transfer or assign its rights and obligations under these Terms — for example, if the business is sold or restructured — by giving reasonable notice to the client. The client may not assign their rights or obligations under these Terms without Cutleaf's written consent.

Cutleaf may update these Terms & Conditions from time to time. Updated Terms apply to future services and future accepted quotes.

These Terms constitute the entire agreement between Cutleaf and the client and override prior discussions or agreements unless otherwise agreed in writing.