Piscean Aquarium Services – Terms and Conditions

Effective Date: 22 September 2024

Business Name: Piscean Aquarium Services

ABN: 81176363686

Service Area: Sydney, NSW

These Terms and Conditions (“Terms”) govern all services provided by Piscean Aquarium Services (“Piscean”, “we”, “us”, “our”) to the client (“Client”, “you”, “your”). By accepting a quote (verbally or in writing, including SMS or email), paying an invoice or deposit, or permitting service to commence, you agree to these Terms.

1. Formation of Contract

   A legally binding agreement is formed when you accept a written quote (including via SMS or email), reply with written confirmation such as “YES” or “ACCEPT”, pay a deposit or invoice, or permit service to commence. Electronic communications constitute valid contractual acceptance. These Terms apply to one-time services, emergency call-outs, ongoing maintenance programs, custom design programs, and installations.

2. Scope of Services

   Services may include: aquarium cleaning and maintenance; waste water changes and replenishment; water parameter testing; dosing treatments and supplements; algae management; equipment inspection; aquascape adjustments; and saltwater preparation and delivery.

Services exclude (unless agreed in writing): structural cabinetry repairs; electrical rewiring; plumbing beyond standard hose servicing; silicone resealing or tank reconstruction; and major remediation of pre-existing system failures. Aquarium ecosystems are dynamic biological systems. Piscean does not guarantee specific biological or aesthetic outcomes.

3. Variation of Services

   Piscean may recommend additional works or treatments during service. Variations will be quoted and approved where practicable. Small additions and changes may be made at our discretion. Urgent remedial action required to prevent system damage or livestock loss may be undertaken and invoiced accordingly.

4. Service Types & Pricing

• Ongoing Maintenance Program: Typical rate $169–$249 + GST per hour; frequency every 2–4 weeks; minimum 10 services. Early termination may result in re-rating completed visits to the applicable one-time service rate. Includes travel, standard water testing, and basic water treatments. Excludes livestock, plants, décor, medications, supplementation, equipment/filter media, accessories, and GST unless stated. Rates may be reviewed with 14 days’ notice.

• One-Time Service / Call-Out: Typically $189–$249 + GST per hour, exclusive of GST unless stated. Includes travel (standard areas), water testing, and water treatments.

• Service Areas: Northern Beaches, North Shore, Eastern Suburbs (NSW). Additional travel charges or alternative rates may apply outside these areas.

5. Livestock & Additional Purchases

   Piscean may supply livestock, plants, décor, medications, and equipment where appropriate. All additional items are itemised separately. Special orders may require prepayment. Additional livestock, products, or treatments may be supplied where pre-approved or reasonably required.

Livestock Disclaimer: Aquatic livestock are sensitive to environmental fluctuation. Piscean does not guarantee survival or compatibility once introduced, except in cases of proven negligence.

6. Installations & Design Programs

   Deposits are required for installations and custom design projects and become non-refundable once materials are ordered or design work commences, except where required under Australian Consumer Law. All design concepts, layout plans, written guides, and proprietary methodologies remain the intellectual property of Piscean unless otherwise agreed in writing. Clients must not reproduce, share, or sell any proprietary content without written permission.

7. Payment Terms

   Payment is due as stated on invoice. Accepted methods: bank transfer, debit card, credit card, or cash (by prior arrangement). Late payments may result in administrative fees, suspension, or termination of service. Clients indemnify Piscean for reasonable debt recovery costs. All payments are non-refundable except as required under Australian Consumer Law.

8. Cancellations & Access

   Minimum 48 hours’ notice required. Failure to provide notice or safe access incurs a $129 + GST fee. Pre-purchased materials remain payable. Unsafe conditions may result in immediate suspension of service.

9. Client Responsibilities

   Clients agree to: maintain safe electrical infrastructure; ensure cabinetry and flooring are structurally sound; disclose known leaks or equipment faults; provide unobstructed access; maintain appropriate property insurance; and comply with local water, waste, and environmental laws. System monitoring and environmental stability remain the Client’s responsibility between services.

10. Parking & Site Access

    Clients must provide safe, convenient, and free access to the service site, including sufficient on-site parking. Where street or paid parking is required, any incurred parking costs will be invoiced to the Client. Failure to provide reasonable parking may result in service delays or additional fees.

11. Limitation of Liability

    Nothing in these Terms excludes rights under Australian Consumer Law. Liability is limited to re-supply of services or the cost of re-supply. Piscean is not liable for indirect or consequential loss. Total aggregate liability for property damage is capped at the amount paid for the relevant service. Piscean is not responsible for pre-existing damage or fragile décor outside reasonable control.

12. Consumer Guarantees

    Services will be provided with due care and skill, within a reasonable time, and in accordance with Australian Consumer Law.

13. Force Majeure

    Piscean is not liable for delay or failure due to events beyond reasonable control, including supplier shortages, natural disasters, pandemics, severe weather, road closures, power outages, or government directives.

14. Termination of Service

    Either party may terminate with written notice. Piscean may terminate immediately for non-payment, unsafe conditions, abusive behaviour, or breach of these Terms. Minimum commitments and rate adjustments apply for early termination of ongoing services.

15. Conduct & Professional Standards

    Piscean maintains a zero-tolerance policy toward abusive, aggressive, discriminatory, or unsafe behaviour. Service may be terminated immediately in such circumstances.

16. Health, Safety & Biosecurity

    Piscean staff may suspend or delay service if health, safety, hygiene, or biosecurity conditions are deemed unsafe. Clients must comply with staff instructions regarding safe handling and environmental control.

17. Privacy

    Personal information is collected solely for service delivery, billing, and compliance under the Privacy Act 1988 (Cth). Information is not sold or disclosed except where operationally or legally required.

18. Media & Marketing

    Piscean may photograph aquarium systems for quality assurance and marketing. No identifying personal information will be published without consent. Clients may opt out in writing. If consent is declined, anonymised images may still be used internally for quality control.

19. Dispute Resolution

    Parties agree to attempt good-faith negotiation prior to legal proceedings. These Terms are governed by the laws of New South Wales, with jurisdiction in NSW courts.

20. Severability

    If any provision is invalid or unenforceable, the remainder remains in full force and effect.

21. Waiver

    Failure to enforce any right under these Terms does not constitute a waiver of that right.

22. Entire Agreement

    These Terms constitute the entire agreement between the parties and supersede all prior discussions, representations, or agreements relating to the services.

23. Acknowledgment

    By accepting a quote, replying in writing, paying an invoice or deposit, or permitting service commencement, you confirm that you have read, understood, and agreed to these Terms.