HomeSource ‘Landlord Assist’ Terms and Conditions

November 2010

Landlord Assist home maintenance and emergency cover is managed by Home Source Ltd ACN 113 755 829, trading as (HomeSource).

1.                   Definitions

1.1               "Commencement Date" means the date that a Member has agreed to these Terms and Conditions.

1.2               "Member" means the nominated Landlord named herein or any person acting on behalf of and with the authority of the landlord.

1.3               "Membership Fee" means an annual fee of three hundred and ninety nine dollars ($399.00) inclusive of GST or $35 inclusive of GST, per month ($420.00 pa), if the monthly payment option is chosen.

1.4               "Parts and Equipment" means any parts, equipment and fittings that have been supplied / used in the provision of the Services.

1.5               "Property" means the property nominated by the Member and subject to these Terms and Conditions.

1.6               "Services" means all services supplied to the Member and includes

1.7               "Terms and Conditions" means these Terms and Conditions of Membership.

2.                   Nature of Service

2.1               HomeSource provides qualified trades people to help manage specific maintenance and emergencies around a landlord’s property, including electrical and plumbing maintenance and emergencies (the Service).  Details of the benefits and the exclusions applicable to the Service are set out below and on the Landlord Assist website page.

3.                   Eligibility

3.1               Subject to these terms and conditions, the Service provided to members is only available in respect of the nominated residential property (the Property).  (Residential properties include houses, duplexes, flats, units and apartments.)

3.2               The Property must be located in mainland Australia, including Tasmania and within a major metropolitan centre or within 20 kms of a regional centre.  (A regional centre is a town which serves a significant regional population of 10,000 or more.)

3.3               The Service is available for maintenance and emergencies occurring within the boundaries of the Property.

3.4               The Service will only be provided to an eligible member.

3.5               The membership will be renewed automatically for a period of twelve (12) months from the anniversary of the commencement date unless expressly cancelled in writing by the Member with 14 days notice.

3.6               The Member undertakes to give HomeSource a minimum of (14) days prior written notice of any changes to the Member's details.

4.                   Price and Payment

4.1               Payment for the Membership Fee can be made by credit card, PayPal or by direct debit from the Member's nominated bank account.

4.2               HomeSource has the right to claim back the cost of parts of a minimum of up to one hundred dollars only, per job ($100.00), or higher if the member choses to raise this amount by default, without the need for prior authorisation by the member. To claim this amount, HomeSource must provide copies of the applicable invoices for the parts being claimed. Payment for parts is to be made by the member within 7 days from the date of the job being completed. Details of a valid credit card need to be supplied to HomeSource at the beginning of a membership for pre-authorisation.

4.3               Unless otherwise cancelled, the membership fee is payable by the Member on each anniversary of the Commencement Date of the membership.

5.                   Qualifying Period

5.1               A 14 day qualifying period applies on subscribing to Landlord Assist.  If you require emergency or maintenance assistance during this qualifying period, this will incur a service surcharge which will be confirmed with you at the time the callout is confirmed. 

5.2               Persons requiring immediate assistance who are not current members to Landlord Assist will incur a service surcharge and the annual Subscription Fee.

5.3               For the avoidance of doubt, a membership commences from the date of signing up even though a claim cannot be made for the first 14 days.

6.                   Proof of Identity and Current Membership

6.1               The Landlord, or their representative (Tenant or Property manager), must be present at the Property during the time of the provision of the Service.

6.2               Service Call Out Limits

6.3               There is a maximum of four (4) Service call outs per year for the Property.

6.4               A callout will be treated as occurring (and deducted from the available callouts) each time a request for Service is made and the problem is resolved, even where HomeSource has not dispatched a service provider.

6.5               Callouts not used in any 12 month period will not be carried over to the next year.  If the owner of the Property ceases to be a member or delist a property, then they will immediately lose access to the Service and to any further callouts for these properties.

7.                   What is an emergency:

7.1               An 'emergency', within the meaning of these terms and conditions, is a sudden and unexpected event occurring during the period of membership of the member, involving the Property and which, in the opinion of HomeSource, exposes the member or a third party (Tenant) to a risk to their health, or necessitates immediate remedial action to render the Property safe or secure, and avoid damage or further damage.

8.                   Landlord Assist Inclusions (i.e. What is covered):

8.1               Electrical and plumbing emergencies and new maintenance requirements

8.2               The membership entitles the Landlord to The Services, including the costs associated with the dispatch of the trades person and the cost of their time on site at the nominated property,, but does not include supply of Parts in these Terms and Conditions. 

8.3               If the repair can be made without parts then there is no cost to the member.  If parts are required these are the responsibility of the member. If the call out has been made as an after-hour emergency call, HomeSource may reserve the right to limit its service to a ½ hour make-safe service and if required commence further repairs at the earliest possible date during business hours.

8.4               The listed property is covered for 24/7 emergency service (see definition of an emergency in paragraph 5) and maintenance call-outs Mon-Fri 7am – 4pm.

8.5               Service inclusions covered include

8.6               The following are covered by the Service: (a) any leaking or dripping tap that requires re-washering or replacing, external overflows, replacement of cylinders, tanks, radiators and sanitary ware; (b) burst or leaking flexible hoses or leaking washing appliances which are fitted with a stop tap; (c) hot water systems; (d) replacement of fuses (e) a blocked toilet, pipe or drain (f) a burst tap or showerhead (g) a burst pipe.

9.                   Home Emergencies Exclusions (i.e. What is not covered):

9.1               There are Conditions and Exclusions, detailed below, which limit the Service that will be provided by HomeSource.  Please read them carefully.

9.2               The Service is not a property building or contents policy of insurance or an equipment maintenance contract.  It can complement your property insurance policies, by providing benefits and services which are not normally available under such policies.  It is recommended that you have a buildings insurance policy covering your Property.

9.3               If you request any additional work from a service provider (that is work outside or which exceeds the Service provided at no cost by HomeSource), then you are responsible for all such additional work and accept that all arrangements for that additional work are solely between you and the service provider, and do not involve HomeSource.  HomeSource accepts no responsibility or liability for any work performed by a service provider or by any third party outside the Services to be performed under these terms and conditions.

10.               General Exclusions:

10.1            The Service is not available for: (a) non-residential properties; (b) properties used for commercial, retail, office, industrial or professional purposes; (c) properties used for commercial farming or agricultural purposes; or (d) non-Fixed dwellings – such as trailers, caravans, campervans, recreational or other vehicles.

10.2            The Service is not available for or in response to events which are not available in respect of: (a) major structural damage; (b) area wide disruption to essential services; or (c) major disasters or events.

10.3            The services is not available for any pre-existing conditions, whether know or not by the member.  In the event that any costs are incurred servicing a callout for pre-existing conditions, the member will pay all fees and costs incurred in this callout.

10.4            Renovation work is also not covered, being work beyond that required to repair the immediate issue. For example, if there is an electrical fault, HomeSource will over the cost of the repair of that fault, however, should the property require rewiring, the cost of the rewiring will be at the landlords expense.

10.5            The following are not covered by the Service: (a) damage to boundary walls, hedges, fences or gates. (b) electricity supply to, or failure of burglar/fire alarm systems, Intercoms, CCTV surveillance or to swimming pools and their plumbing or filtration systems; (c) any form of air-conditioning or solar heating systems; or (d) any property which is not in a major metropolitan centre and is located outside a 20km distance of a regional centre. (e) Excavation of pipes or cables (f) Irrigation systems Pumps (g) Chasing of walls (h) Appliances repairs (i) Phone or data systems (j) TV aerials.

10.6            Modifications and changes to a property necessitated by changes or additions to Government Legislation are not covered under the terms of the membership. This includes but is not limited to unscheduled maintenance to a property to benefit from Government rebates and incentives.

11.               Response Times

11.1            There may be occasions when HomeSource may not be able to respond within the normal time frame due to circumstances beyond the control of HomeSource. This may include when there has been a severe storm or civil disturbance that has impacted numerous homes.  In such a case HomeSource will supply a trades person at the earliest possible opportunity and keep the customer informed at regular intervals.

12.               General Limitations

12.1            HomeSource will not be liable for any of the following: (a) loss or damage arising from circumstances known to the member before they became a member; (b) the cost of replacement parts; (c) loss or damage arising from disconnection or interruption of mains services by the deliberate act of the utility company concerned or any equipment or services which are the responsibility or property of the utility company; (d) any cost relating to the attempted repair by you, the tenant or your own contractor; (e) any defect, damage or failure caused by you, the tenant or your own contractor; (f) any defect, damage or failure caused by malicious or wilful action, negligence, misuse, third party interference or faulty workmanship, including any attempted repair or modification which does not comply with recognized industry standards; (g) any emergency in a property that has been unoccupied for more than 60 consecutive days.

12.2            These terms and conditions are to be interpreted strictly in favour of HomeSource where there is any ambiguity. HomeSource is only liable to provide or pay for Services to the extent clearly and expressly provided for in these terms and conditions.

12.3            While the Service does not cover any work on products, if any work is performed on any product that has any form of warranty, HomeSource accepts no liability for performing repairs or make safe procedures that may void such a warranty.  This includes whether it causes the member to breach a contractual obligation or impact on any form of an existing or subsequent insurance claim or legal action involving the member. It is the responsibility of the member to advise the service provider not to repair an item where doing so may void a warranty or cause the member to breach a contractual obligation.

12.4            To the extent permitted by law, HomeSource will not be liable to any person for any indirect, special or consequential loss or damage in connection with the Service, whether in contract, tort (including negligence), statute or otherwise.

13.               Complaints

13.1            If you have a concern, or would like to lodge a complaint or provide feedback regarding the Service please call the Customer Service Team on 1300 733 420.

14.               Cancellations

14.1            The Member may cancel the Membership at any time. Cancellations must be made in writing to HomeSource. At the time of cancellation, if any monies are outstanding these must still be paid. If the Membership Fee has been fully paid, the Member is not entitled to any refund.

14.2            The membership fee or parts thereof are non refundable for cancellations made before the end of a 12 month term. If monthly payment has been chosen an early exit fee applies of $31.82 plus GST x months left on membership.

15.               What to do should you want to make a claim:

15.1            If you have a problem at the Property, you should call the Customer Service Team on the HomeSource Emergency Helpline.  HomeSource will then:

15.2            In the case of an emergency (a) advise you, on what can be done to protect yourself and the Property immediately; and (b) organise the dispatch of a repairer to help address the problem. The costs associated with the dispatch of the trades person and the cost of their time on site is covered by HomeSource.

15.3            In case of a maintenance claim, a contractor will be organised to attend the property to fix the problem. Should parts be required in excess of $100, or higher amount if authorized by the member (see §4.2), the member will be contacted to gain authorisation before proceeding.

16.               Fair use Policy

16.1            In order to provide quality service at a competitive price, HomeSource reserves the right to amend or withdraw Service if use is excessive or results from a lack of maintenance or failure to rectify existing issues.

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