Privacy Policy

PRIVACY POLICY

This Privacy Policy applies to the services offered by Michelle Ann Esler-McNamara ABN 72 384 021
980 trading as “Sux It Up Gutters” (“Sux It Up”).
Statement of Commitment
This Privacy Policy explains how Sux It Up may collect, use, disclose, store and otherwise
handle personal information (and where applicable, sensitive information), including how you
may access such information held by Sux It Up.

Consent

Sux It Up is committed to safeguarding personal privacy. Sux It Up recognises that individuals
have a right to control how their personal information is collected and used. Providing personal
information is an act of trust and it is taken seriously by Sux It Up. Unless given consent to do
otherwise, Sux It Up will only collect and use personal information as set out below in this
Privacy Policy.

Notwithstanding the above, this Privacy Policy applies to your personal information regardless
of the way in which Sux It Up collects it, which may include:
• When you request a quote through Sux It Up’s website;
• when you send Sux It Up an e-mail or any other form of written enquiry;
• photographs of any part of the services undertaken by Sux It Up for promotional and
portfolio purposes;
• via other mobile interactive features, for example when you provide feedback via a QR
Code application;
• via Sux It Up’s official social media pages that it controls, such as the official pages for
Sux It Up on Facebook and Instagram;
• when you telephone Sux It Up to enquire about our services;
• when you engage Sux It Up to undertake services, whether this is undertaken online or
in person;
• when you make a booking with Sux It Up;
• when you sign up to receive Sux It Up’s updates or marketing material; or
• when you submit an application for a contract or employment with Sux It Up.
Your Personal Information
Personal information is collected by Sux It Up where necessary or related to one or more of its
functions or activities. “Personal Information” is information or an opinion that identifies an
individual. The types of personal information collected may depend on the type of interaction
that you have with Sux It Up, and includes but is not limited to:
• name and contact details;
• address details;
• your credit card details;
• Internet Protocol (“IP) address;
• server address;
• domain name; and
• information you provide to us directly or indirectly through your use of our website.

Collecting Personal Information

Sux It Up will only collect your personal information by lawful and fair means including directly from you or authorised third parties.
Personal information may be requested for a variety of reasons, including but not limited to; enabling Sux It Up to provide a service or product, or to update information presently held on file. You are not obliged to provide the requested information, however failure to do so may result in Sux It Up being unable to provide services to you.
Sux It Up may also collect information from third parties and public sources such as Google Maps.

Photographs and Videos

Sux It Up may take photographs and/or videos of the services undertaken for promotional and portfolio purposes. Sux It Up will only publish this content on its website or within its promotional material with your express permission. All efforts will be taken to de-identify the information contained in the content, including:
• no visible address;
• no visible people; and
• no visible vehicles, or where vehicles can be seen, redaction of any visible numberplates.
Where you do not want photographs or videos taken of the services provided at your address, please inform us at any time at suxitupgutters@outlook.com or 0407 338 085.

Using and Disclosing your Personal Information

Personal information (including sensitive information, where applicable) may be used by Sux It Up for any of the following primary purposes:
• to render services and provide products;
• to respond to a query or feedback;
• to provide information about products, services and/or special offers;
• to obtain opinions or comments about services from you;
• to record statistical data for marketing analysis from you;
• to promote and market all current and future Sux It Up businesses, products and services and to inform about the products and services of any of Sux It Up’s commercial partners;
• to assist with Sux It Up’s internal business processes;
• to conduct market research and/or to improve Sux It Up’s product and service offerings;
• for any other purposes that could be reasonably expected of Sux It Up;
• to enable Sux It Up to comply with its obligations under law; and
• to process and consider an application for employment.
Sux It Up may employ or contract other companies or service providers to assist in providing Sux It Up’s services, including but not limited to; marketing, market research, mail-house services, hosting and product development services, analysis of client lists and/ or consulting services. These third parties may have access to personal information that is needed to perform their specific function(s) and cannot use that information for other purposes beyond those functions.
The third parties to which Sux It Up may disclose personal information to includes:
• related entities of Sux It Up;
• third parties where you consent to the use or disclosure;
• contractors, agents and suppliers Sux It Up engages to provide products and/or perform services;
• Sux It Up’s professional advisors such as legal professionals and accountants;
• law enforcement bodies;
• a purchaser of all or part of Sux It Up’s business; and
• any other person for any other purposes that would be reasonably expected (including if required by law).
Sux It Up does not sell your name or other personal information to third parties.

Individual's Right of Access

Sux It Up endeavours to ensure that personal information collected and used is accurate, complete and up-to-date. However, the accuracy of information is dependent to a large extent on the information provided to Sux It Up. Individuals have the right to review, amend or delete personal information that may be recorded on Sux It Up’s database.
Information may be reviewed, amended or deleted by contacting Sux It Up via email at suxitupgutters@outlook.com.
A request may be made to delete personal information, and all reasonable steps to delete the information will be made, except where the information is required for legal reasons. Deletion of information may result in Sux It Up being unable provide certain services including after sales services.
To unsubscribe from our email database or opt-out of communications, please contact us using the details below or using the opt-out facilities provided in the communication.

Storage and Security of Personal Information

Sux It Up takes all reasonable steps to keep secure personal information recorded and to keep this information accurate and up to date. The personal information is stored on secure servers (if in digital format), or in locked areas (if in hardcopy format). These repositories are protected in controlled facilities. Sux It Up employees and data processors are obliged to respect the confidentiality of any personal information held by Sux It Up. Sux It Up will only permit authorised personnel to access your information and information will only be disclosed to third
parties where they have the appropriate authority. Sux It Up destroys or de-identifies personal information no longer needed by Sux It Up, wherever possible.

Use of Cookies

Sux It Up uses tracking technologies such as cookies or web beacons to make use of its website and services as convenient as possible. Cookies are pieces of information that a website transfers to a computer's hard disk for record keeping purposes. A web beacon is a technical method that sends information related to the access to websites, when you browse websites, or open or preview a HTML-formatted email. Most web browsers are set to accept tracking technologies such as cookies or web beacons. These tracking technologies do not themselves personally identify users, although they do identify a user's browser. These tracking technologies allow Sux It Up to monitor the Sux It Up website, and to record how many people are using the different parts of the site. It is possible to set the browser to refuse tracking technologies such as cookies or web beacons, however, this may limit the services provided by Sux It Up’s website.
Sux It Up’s website and online services use web analytics such as Google Analytics, a web analytics service provided by Google, Inc. Web analytics uses cookies to help the website analyse how users use the website. This information generated by the cookie about your use of one of Sux It Up’s website (including your IP address) will be transmitted to and stored by the Web analytics provider on servers that may be located overseas.
This information is used for the purpose of evaluating your use of Sux It Up’s website, compiling reports on website activity for website operators, and providing other services relating to website activity and internet usage. Web analytics providers may also transfer this information to third parties where required to do so by law, or where such third parties process the information on its behalf. Web analytics will not associate your IP address with any other data held by it. By using Sux It Up’s websites, you consent to the processing of data about you by web analytics in the manner and for the purposes set out above. Further information may be obtained via the relevant privacy policy, available on request.

GDPR

Sux It Up welcomes the General Data Protection Regulation (“GDPR”) of the European Union (“EU”) as an important step forward in streamlining data protection globally. Although we do not operate an establishment within the EU and do not target any offering of services towards customers/clients in the EU specifically, we intend to comply with the data handling regime laid out in the GDPR in respect of any personal information of data subjects in the EU that we may obtain.
The requirements of the GDPR are broadly similar to those set out in the Privacy Act and include the following rights:
• you are entitled to request details of the information that we hold about you and how we process it. For EU residents, we will provide this information for no fee;
• you may also have a right to:
• have that information rectified or deleted;
• restrict our processing of that information;
• stop unauthorised transfers of your personal information to a third party;
• in some circumstances, have that information transferred to another organisation; and
• lodge a complaint in relation to our processing of your personal information with a local supervisory authority; and
• where we rely upon your consent as our legal basis for collecting and processing your data, you may withdraw that consent at any time.
If you object to the processing of your personal information, or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations. However, please be aware that:
• such objection or withdrawal of consent could mean that we are unable to provide our services to you, and could unduly prevent us from legitimately providing our services to other customers/clients subject to appropriate confidentiality protections; and
• even after you have chosen to withdraw your consent, we may be able to continue to keep and process your personal information to the extent required or otherwise permitted by law, in particular:
• to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and which does not materially impact on your rights, freedoms or interests; and
• in exercising and defending our legal rights and meeting our legal and regulatory obligations.
Updates

Sux It Up reserves the right to review, amend, update and change this Privacy Policy from time to time to reflect its practices and obligations. Any changes will take effect when they are made or posted on Sux It Up’s website.
Problems, Queries or Complaints
For further information regarding this Privacy Policy or to make a complaint about the steps taken by Sux It Up to protect your personal information or privacy, please contact Sux It Up at suxitupgutters@outlook.com or 0407 338 085.

Sux It Up will investigate any complaints received in writing and take all reasonable steps to resolve them as soon as possible. If you are not satisfied with the result of your complaint to Sux It Up, you can refer your complaint to:

Office of the Australian Information Commissioner
Phone: 1300 363 992
Post: GPO Box 5288, Sydney NSW 2001
Online Form: www.oaic.gov.au (Privacy Complaint Form).

​

Terms and Conditions​

These are the Terms and Conditions on which Michelle Ann Esler-McNamara ABN 72 384 021 980 trading as Sux It Up Gutters will carry out work for you. By accepting the Contractor’s quote, the Client is deemed to have accepted these Terms and Conditions.

1. DEFINITIONS
For the purposes of these Terms and Conditions:
(a) “Additional Fees” means the fees applicable to Work not foreseen or not requested by the Client before commencement of the
Work including:
• Do and Charge Work;
• any material differences in the conditions of Site from the quote in accordance with clause 2.2; or
• latent conditions or obstacles at the Site requiring the hire of special equipment to complete the Work.
(b) “Contractor” means Michelle Ann Esler-McNamara ABN 72 384 021 980 trading as Sux It Up Gutters, its successors and assigns
or any person acting on behalf of and with the authority of the Contractor.
(c) “Client” is the customer named on the quote or tender provided by the Contractor to the Client, being a real estate agency,
property manager or private customer.
(d) “Do and Charge Work” means Work performed under direction of the Client without a formal quotation or variation.
(e) “Fees” means the fees payable by the Client as set out in any quotation or tender provided by the Contractor and accepted by
the Client, as varied in accordance with clause 5 and includes any Additional Fees.
(f) “Site” means the place where the Contractor’s work will be carried out.
(g) “Work” means the performance of gutter cleaning work as more particularly described in the quote provided to the Client and as
varied in accordance with clause 5.

2. FEES
2.1 The Client shall receive a quote specifying the Work to be undertaken by the Contractor in order to fulfill the Client’s instructions.
2.2 Any quote provided to the Client is based on the visible conditions of the Site at the time of inspection, or, where a Site visit is
not conducted, information provided to the Contractor by the Client. Additional Fees may be incurred where the Work performed
is materially different to the scope of the quote.
2.3 Prices shall be valid for 30 days unless otherwise agreed in writing.
2.4 The Client shall accept the quote or tender by signing and returning a copy to the Contractor, emailing the Contractor or
continuing to instruct the Contractor to carry out Work.

3. PAYMENT
3.1 Fees for private customers are payable within 7 days after receipt of the Contractor’s tax invoice.
3.2 Fees for real estate agencies or property managers are payable within 14 days after receipt of the Contractor's tax invoice.
3.3 The Contractor may elect to issue invoices at the completion of Work or by periodic progress payments.
3.4 The Contractor reserves the right to cease Work until any overdue Fees are paid.
3.5 Interest on any overdue Fees will accrue daily from the date when payment becomes due until the date of payment at a rate of
6% above the cash rate published by the Reserve Bank of Australia.
3.6 The Client must pay to the Contractor any costs, expenses or losses incurred by the Contractor as a result of the Client’s failure
to comply with these Terms and Conditions (including debt collection and legal costs on a full indemnity basis).

4. SCOPE OF WORKS
4.1 The Contractor is able to provide the following services as part of the Work (and subject to the quote):
(a) gutter cleaning and debris removal;
(b) downpipe flushing;
(c) roof valley cleaning;
(d) external window cleaning;
(e) external hour washing / pressure cleaning;
(f) driveway and path pressure cleaning;
(g) carpet cleaning; and
(h) pool cleaning and basic pool maintenance, such as skimming, vacuuming, emptying baskets and basic chemical balancing.
4.2 Unless specifically included in the quote, the Contractor will not perform the following Services:
(a) roof repairs or tile replacement;
(b) gutter repairs or replacement;
(c) structural building repairs;
(d) removal of vermin, pests, or nests;
(e) electrical work;
(f) plumbing repairs; and
(g) pool equipment repairs, chemical supply or treatment of algae outbreaks.
4.3 Debris removed during the Work will be placed in the Client’s green waste bin or bagged and removed from the Site in accordance with the quote.

5. VARIATIONS
5.1 The Client may request a variation to any Work that the Contractor has previously provided a quote or tender in relation to, by notice in writing to the Contractor. If the Contractor accepts such variation, the Contractor will advise the Client of the Fees applicable to such Work.
5.2 If the Client requests the Contractor to carry out Do and Charge Work and it is not possible to comply with clause 5.1, the Contractor will be at liberty to charge the client for such Work and will use best endeavours to confirm the fees applicable to the Do and Charge Work in writing as soon as practicable.

6. CLIENT RESPONSIBILITIES
6.1 The Client shall:
(a) provide exclusive Site access for the Contractor to complete any necessary Work;
(b) provide safe and unobstructed access to all areas of the Site required to be accessed by the Contractor to carry out the Work;
(c) provide free access to water and power supply;
(d) secure any pets located at the Site; and
(e) move all vehicles from driveways, paths and wherever access is needed by the Contractor.
6.2 The Client indemnifies the Contractor where any damage to property or person occurs as a result of the Site not being clear and safe.
6.3 The Client warrants that it holds appropriate house and contents insurance for the Site.
6.4 Where the Client is a real estate agency or property manager, the Client:
(a) must confirm that they have authority to approve the Work on behalf of the owner of the Site;
(b) must provide written authority from the owner of the Site prior to the commencement of Work; and
(c) is solely responsible for co-ordinating access to the Site with any third parties such as tenants.

7. CANCELLATION
7.1 Any cancellations of the Work by the Client must be made at least 24 hours’ prior to the schedule start time of the Works.
7.2 Late cancellations may result in a call-out fee, to be advised by the Contractor depending on the location of the Site in proximity to the Contractor’s business premises. The Client acknowledges payment of a call-out fee is fair and reasonable in the circumstances of a late cancellation by the Client.
7.3 Without prejudice to the Contractor’s other remedies, the Contractor will be entitled to cancel all or any part of the Works which remain unperformed and all amounts owing to the Contractor will, whether or not due for payment, become immediately payable in the event that:
(a) any Fees become overdue or in the Contractor’s opinion the Client will be unable to meet its payments as they fall due; or
(b) the Client becomes bankrupt or a receiver or liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client; or
(c) the Contractor is unable or unwilling to carry out the Work for any reason.
7.4 The Contractor reserves the right to cancel, postpone or reschedule the Work at any time if it deems, in its reasonable discretion, that the Site is unsafe to carry out the Works. This includes but is not limited to unsafe roof access, electrical hazards, unsafe surfaces or structural concerns.

8. WEATHER DELAYS
In the event of adverse weather conditions (including but not limited to wind, rain and lightning) which require the Work to be suspended, the Contractor will reschedule the Work and use its reasonable endeavours to complete the Work as soon as practically possible. The Contractor is not liable for any delays in completion of the Work due to adverse weather conditions.

9. WARRANTY
9.1 The Contractor warrants that the Work will be carried out in accordance with all relevant laws in an appropriate and skilful way. The Contractor will hold public liability during the provision of the Work and will provide a copy to the Client upon request.
9.2 The Contractor will carry out the Work with due care and will take all reasonable measures to exacerbate any pre-existing damage.
9.3 The Contractor cannot make any guarantee about the results produced by the Work and the Client acknowledges that results will vary depending on the age, quality, condition and type of surface of the Site.
9.4 The Client acknowledges that results of the Work will vary depending on the age and condition of the Site.

10. LIABILITY
10.1 Surface and Property Condition
(a) The Contractor will not be liable for damage, including but not limited to water ingress, to the Site during the provision of the Work caused by:
(i) fragile, old or worn roof tiles or sheets;
(ii) rusted gutters or fittings;
(iii) loose tiles or ridge capping;
(iv) faded paintwork or oxidised surfaces;
(v) brittle window seals or frames;
(vi) deteriorated silicone or sealants;
(vii) building defects;
(viii) structural failures or deterioration;
(ix) underground drainage blockages;
(x) worn carpet fibres; or
(xi) equipment failure.
(b) The Client acknowledges that the Work may reveal existing damage or staining that cannot be removed.
(c) If the Work involves house washing or pressure cleaning, the Client acknowledges that some surfaces may release paint, coatings or oxidised material during cleaning. The Contractor will not be liable for deterioration due to age, sun damage or poor maintenance.
(d) If the Work involves carpet cleaning, the Client acknowledges that results will depend on the type of stain or contamination of the carpet, and stains such as pet urine, dye, chemicals and bleach may not be removed even after the Works are completed.
10.2 Non-excludable Rights
The parties acknowledge that, under applicable State and Commonwealth law, certain conditions and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Client in relation to the provision of the Work which cannot be excluded, restricted or modified by the contract (“Non-excludable Rights”).
10.3 Disclaimer of Liability
The Contractor disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the Client, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-excludable Rights. To the extent permitted by law, the liability of the Contractor for a breach of a Non-Excludable Right is limited, at the Contractor’s option, to the supplying of the Work again or payment of the cost of having the Work supplied again.
10.4 Indirect Losses
Notwithstanding any other provision of these Terms and Conditions, the Contractor is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence or breach of statutory duty or otherwise to compensate the Client for:
(a) any loss of profit, revenue, business, contracts or anticipated savings;
(b) any loss or expense resulting from a claim by a third party; or
(c) any special, indirect or consequential loss or damage of any nature whatsoever caused by the Contractor’s failure to complete or delay in completing the Work.
10.5 Force Majeure
The Contractor will have no liability to the Client in relation to any loss, damage or expense caused by the Contractor’s failure to complete the Work or to deliver the Goods as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, pandemic, the inability of the Contractor’s normal suppliers to supply necessary Goods or any other matter beyond the Contractor’s control.

11. PRIVACY
The Client hereby authorises the Contractor to collect, retain, record, use and disclose commercial and/or consumer information about the Client, in accordance with the Privacy Act 1988 and subsequent amendments, to persons and/or legal entities who are a solicitor or any other professional consultant engaged by the Contractor, a debt collector, credit reporting agency and/or any other individual or organisation which maintains credit references and/or default listings.

12. INTELLECTUAL PROPERTY
12.1 The Client agrees that the Contractor may take and use photos of any of part of the Work for record-keeping, promotional and portfolio purposes.
12.2 The Client authorises the Contractor to use any photos taken as a case study for quality control or workplace health and safety purposes.
12.3 Where the Contractor has designed, drawn or written plans for or associated with the Work, then copyright in those designs drawings, plans and documents will remain vested in the Contractor and will only be used by the Client with the consent of the Contractor (which it may grant at its discretion).

13. GENERAL MATTERS
13.1 Severability
Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. If that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
13.2 Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of the State of Queensland and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland.
13.3 Subcontracting
The Contractor may sub-contract its obligations under these Terms and Conditions.
13.4 Notices
Any notice provided under these Terms and Conditions must be in writing.
13.5 Dispute Resolution
The parties agree to attempt in good faith to resolve any dispute regarding these Terms and Conditions through negotiation including negotiation with the assistance of an agreed mediator.
If the dispute or difference is not resolved to the satisfaction of the parties within 30 days, either party may refer the matter to a mediator.
Mediation shall be effected:
(a) by a mediator agreed upon in writing by the parties; or
(b) in the absence of such agreement, by a mediator appointed by the Queensland Law Society

​

​