STYLE BY LEAF – PLANT HIRE – TERMS & CONDITIONS

1. These terms and conditions apply where a client has agreed that Style by Leaf will source, deliver, install, and maintain the plants & pots for the period specified below (Service Agreement)

2. Service Agreement: The client accepts the services for an initial minimum term of twelve (12) weeks commencing from the date of this agreement unless otherwise agreed. This agreement will automatically be extended, if not terminated or varied and will operate until such time as it is terminated by either party giving at least one week (7 days) written notice of termination.

3. Payments: The client agrees to pay the fees specified in this agreement. Fees under a service/hire agreement are payable in advance each week (7 days). The first payment is due on the day of delivery & installation. 

4. Acceptance: The client’s acceptance of these T&Cs may be confirmed by signing this document or emailing Style by Leaf with written confirmation.

5. Ownership: The client acknowledges that all plants & pots or other items installed by Style by Leaf remain the sole property of Style by Leaf. Style by Leaf may replace any display at any time provided the replacement is of equivalent or higher standard.

6. Pricing Policy: After the initial minimum term, and no more than once annually, Style by Leaf may review the fee it levies under any service agreement and may increase that fee by written notice to the client.

7. Responsibility of Style by Leaf
   Style By Leaf agrees to:

   • Source, deliver, install/set-up & provide weekly/fortnightly maintenance (water, mist, fertilize, dust, clean, prune, rotate & identify/treat diseases)

   • provide you with high quality, appropriate, healthy, stunning plants.

   • replace any plant at our discretion if it is not up to standard with no extra charge to you.

   • Style by Leaf is on site for the sole purpose of caring for & maintaining our plants, privacy & confidentiality is of the upmost importance to us.

   • we will not be liable for any human or pet having a reaction from digesting or touching a plant.

   • we will leave your premise exactly how we found it & will not touch anything that does not involve the installation or maintenance of the plants.

8. Responsibility of the client

   The client agrees to:

   • provide Style by Leaf access to your property/building once a week/fortnight to perform maintenance of plants & pots.

   • notify Style by Leaf if there is a problem with a plant &/or pot.

   • inform its own staff not to water, fertilise, or provide any of the above care to any plant, use as an ashtray, pour any liquids of any type into, or relocate or modify any plant or pot without our permission.

   • acknowledges it is your responsibility to compensate Style by Leaf for the cost of any lost/stolen or damaged plants/pots where such loss or damage is beyond the control of Style by Leaf. Payment is due within 7 days & Style by Leaf will replace the plant within 7 days.

   • will agree to have appropriate & agreed upon signage of Style by Leaf on our plant displays or an agreed upon area in your premises.

   • provide Style by Leaf staff with sufficient access to hot and cold water for use in the maintenance care provided.

   • ensure the temperature range to which the displays are subject remains in the range of 15 to 25 degrees Celsius inclusive. The client acknowledges this is the most appropriate temperature range to ensure optimum performance from the displays and the client agrees to use its best endeavours to maintain temperatures at the site within the limits of that range.

   • not sell, lease, or part with possession or otherwise encumber any property of Style by Leaf without the written approval from Style by Leaf

   • upon termination of this agreement, provide Style by Leaf with access to the site to remove all property belonging to Style by Leaf as soon as possible.

9. Reduction: At any time after the initial minimum term the client may reduce the number of hired displays by giving no less than seven (7) days written notice to Style by Leaf.

10. Subcontracting: Style by Leaf may engage subcontractors to perform the services for the client.

11. Force Majeure: Style by Leaf shall not be responsible for failure to meet any contractual obligations if the failure results directly or indirectly from a cause beyond its control.

12. Termination: Style by Leaf may suspend or terminate a service agreement or hire immediately if the client:

    • is in breach of a material obligation and does not remedy that breach within two (2) business days of notice from Style by Leaf

    • the client breaches any other provisions and fails to remedy (if capable of remedy) within ten (10) business days of notice from Style by Leaf

    • the client becomes insolvent or deemed insolvent, bankrupt, ceases or threatens to cease to carry on business, a receiver, manager, administrator, liquidator, or similar officer is appointed to any of its assets or steps are commenced seeking such an appointment or if any event having a similar effect occurs in relation to the client.

    • For the purpose of this clause, it is agreed that any non-payment, failure to allow access to the displays and removal of displays without approval from Style by Leaf are material breaches of this agreement.

13. Removal of equipment: On termination of this agreement, howsoever that arises, Style by Leaf may remove all its property in the client’s possession or control and for that purpose may enter the premises and remove the property. Style by Leaf shall use all reasonable care in removing its property but shall not be responsible for restoring that part of the premises to the original state. If Style by Leaf is unable to remove its property, the client shall be liable for the replacement value of the property that has not been recovered.

14. Debt collection expenses/collection of displays: The client indemnifies Style by Leaf for all expenses incurred in relation to the recovery of debts owing by the client and this obligation shall survive termination of this agreement.

15. General:

    • This agreement may only be amended in writing signed by both parties.

    • A reference to ‘writing’ or ‘written’ includes electronic mail. If any provision of this agreement is illegal, invalid, or unenforceable, it may be severed without affecting the enforceability of the other provisions.

    • The parties agree that this agreement shall be governed by the law of the state where the customer is located.