Hey Felix's
TERMS & CONDITIONS
In these Terms and Conditions, us, our, Company and we refers to Hey Felix. The concierge service based at and operating from 105A Macleay Street Potts Point NSW 2011.
You, your, refers to the client, customer, member, subscriber or business we have agreed to provide a service for.
PAYG refers to non-subscriber, non-member customers who use the Pay As You Go services on a casual basis.
Fees refers to fee payable by the client for our services.
Partner refers to a supplier, which we acting as your agent and not as a principal, have introduced you to, or engaged on your request and on your behalf to perform services to you.
Service refers to the scheduling, performance and management of tasks, errands and key keeping requests made by you in the normal functioning of the Hey Felix business.
The Depot or The Parcel Depot refers to the Hey Felix address used for shipping customers’ parcels and mail to and picked up from.
The Office refers to the front desk operations of Hey Felix currently located at 105A Macleay Street Potts Point NSW 2011.
General
USAGE OF SERVICE
These Terms and Conditions are in place to govern the use by members and non-members of the Hey Felix services. Hey Felix provides personal help and concierge services, including an alternative address for delivery of customers’ parcels and a central spare key management service.
The act of browsing our website is acknowledgment you have read and understood our Website Terms of Use. The act of completing the payment details for the service you select is acknowledgement you have read, understood and accept the Terms and Conditions and agree to be bound by them in relation to the services provided. Users of the Hey Felix service will provide us with true, accurate and current personal information including your name and contact details. We will handle all personal information we collect in accordance with our Privacy Policy.
To use the Hey Felix service, you must be at least 18 (eighteen) years of age and have the legal right to enter into a binding agreement with us. You also agree and warrant to use the services in accordance with these Terms and Conditions.
Hey Felix shall have the right, from time to time, to alter, modify or change these Terms and Conditions including varying fees or billing methods for any services. Any change to fees will be effective as of posting it on the company website and/or by written notice to subscribing clients either by text or email.
Hey Felix normal hours of operation for On-Request services are from 8am to 6pm Monday to Friday. All prices quoted for these services are for normal hours of operation. Any available after hours On-Request services and pricing are subject to
negotiation and will include a surcharge.
From time to time Hey Felix may not be available for some on-request services due to illness, holiday or personal reasons. Where foreseeable, notice of the effected dates will be advised. Any essential service requiring the personal attendance during this period will be discussed with the customer for a satisfactory solution. Hey Felix will endeavor to provide a temporary replacement service with partnered service providers if agreed with the customer.
Personal
INFORMATION
As part of the function of providing you with our services, we will collect personal information about you and for the purposes outlined and explained in our Privacy Policy
We may, in the process and to facilitate the delivery of services, you agree to us disclosing that information to third parties that help us deliver our services including those as required by law. We may not be able to provide all of our services to you in the way expected if you do not provide this information
In providing your personal information to us, you consent and agree to the collection, storage, use and disclosure of that information as described in the Privacy Policy, Website Terms of Use and these Terms and Conditions.
PROVISIONS OF
Service
Hey Felix will provide services to the customer subject to these Terms and Conditions or any other written agreement made directly between the customer and Hey Felix.
Hey Felix reserves the right to schedule, prioritise, triage, accept or decline to perform on-request services. Our policy is to prioritise service to members paying the highest level of membership fees for included services and match provision and supply of additional services to our ability to deliver on the service standards and response times we set. We reserve the right to restrict or cancel any member or non-member from using the service at any time without notice and we have no liability for any loss, damage or cost that may occur to you as result of restricted or cancelled services.
Hey Felix shall not be liable to the client for any varying response times for on-request services or for on-request services that are not available at the time of request.
Some On-Request services may contain quoted prices for performing certain tasks and errands. It is expected that no one task or errand performed on its own will take longer than a maximum of 30 minutes. Bundling up two tasks or errands is based on them taking no longer than 50 minutes to complete. Bundling up three tasks or errands is based on them taking no longer than 75 minutes to complete. This is a general guideline for any quoted prices for these services.
The appointment companion service assumes no longer than one hour of service required, thereafter will be charged in 15 minute intervals at a rate of $15.
In the case of dispute or dissatisfaction of service, Hey Felix liability extends only to the re-provision of the service as outlined further in the Website Terms of Use. Any refunds for services rendered may be provided at Hey Felix’s sole discretion.
PROMOTIONS AND SPECIAL
Offers
Any promotions run by Hey Felix may contain additional terms and conditions to those outlined here. If you wish to participate you must agree to those additions applying specifically to that promotion.
Special promotions or discounted rates for limited time periods must be used within the specified time of the trial as outlined in the promotional offer. At the end of any promotional period, your rights to use that same service will cease, and any further use of the service is prohibited unless you pay the applicable non-discounted fee for that service.
ONCE-OFF AND SUBSCRIPTIONS
Payments
You will be wholly and entirely responsible for all payments of the applicable fees for any of the Hey Felix member subscription services or non-member services. By selecting your service and providing your personal and payment information thereby engaging Hey Felix, you agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms that are in effect at the time you incur a fee or charge and is due and payable under those terms. Hey Felix will not commence any service to a client until a valid credit card has been obtained. Credit card payments are safely and securely made with Stripe for ongoing payments and Square for tap and go payments. Or, if made as a pay-as-you-go payment this can also be done as a tap and go using Square as an online payment clearing service.
You may request for us to purchase on your behalf goods and/or services as part of the Hey Felix range of services from third-party providers. In doing so, you agree that Hey Felix acts as an agent on your behalf in executing third party goods and services purchases. You agree all services and products purchased via the Hey Felix service are non-refundable. Your requests to purchase goods and items on your behalf automatically include the authorisation and discretion to select similar replacement goods or items if the item is not available in the exact form and type you requested.
Where Hey Felix supplies you with quotes for a third party supplier or engages third party suppliers on your behalf, it is the client who is wholly responsible for the payment to those suppliers, and must use their own judgement when entering into a contract with such suppliers, and as to whether that supplier is adequate and fit for purpose for the works undertaken including for value, quality and suitability.
If you require us to purchase any goods on your behalf, your account is payable immediately upon Hey Felix incurring the costs of purchase via your credit card with Stripe and by providing your credit card information you have agreed that we are authorized to invoice your account for all fees and charges due to the company and no additional notice or consent is required to process the payments.
Any order to purchase goods on your behalf is charged to your account immediately or at least on a weekly basis, and is payable the moment Hey Felix incurs the cost of the ordered goods or services and your credit card will be charged accordingly and as per the terms of using the Stripe payment system.
The same payment terms and conditions outlined above and below are applicable to goods and services requested on behalf of customers (both subscriber members and PAYG non-members) using the Hey Felix On-Request services. All on-request services must be paid for prior to delivering the service.
If you are inadvertently charged for a subscription or payment, please contact the Company to have the charges reversed.
Late
PAYMENTS
Hey Felix reserves the right to apply a late payment fee for any unpaid invoices past the due date of either subscription or on-request services. The defaulting customer will be liable to pay an administration and overdue account keeping fee of $20 per month plus 12% interest penalty calculated on a daily basis. Any legal, debt collection or recovery fees incurred by Hey Felix as a result of the outstanding debt owed, shall be recoverable from the defaulting customer.
Subscriptions
ROLLOVER
Your service subscriptions will continue indefinitely on a rolling monthly basis until terminated in writing with one month’s notice period. You agree after each monthly subscription period, and again after any subsequent monthly subscription periods, your subscription will automatically commence on the first day following the end of such period, effectively, each subsequent period being a renewal commencement date. Your subscription will continue for an additional equivalent monthly period, at the listed and advertised price at the time of renewal for your subscription package.
The service subscription cost is payable on the 1st day of each new month of your subscription. The first payment will be made upon commencement of service and upon payment of the initial month’s subscription amount, whereby the subscription price will automatically be charged on the first day of each subsequent month thereafter. Our subscription services operate on a month to month subscriber basis.
You may cancel or change your service at anytime with one month’s notice in writing to ask@heyfelix.com.au
Australian
CONSUMER LAWS
Goods and services sold in Australia come with guarantees that cannot be excluded under Australian consumer laws. There is no intention at all in these terms and conditions to purport to modify or exclude those warranties, conditions and undertakings, and other legal rights, under the Australian Competition and Consumer Act and other laws.
Any and all other warranties or conditions which are not guaranteed by the Australian consumer laws or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including any liability for incidental or consequential damages that may be caused by breach of any express or implied condition or warranty.
ONLINE PAYMENT
Platform
We use a third party service “Stripe” to manage and process credit card information and payments. When you use our service and provide Stripe with your payment information and credit or debit card number, you agree and authorise Hey Felix to immediately invoice you for all fees and charges owed to us for the services you requested, either by a recurring subscription or once-off, with no additional notice or consent being required. You agree to provide Stripe with a current, up to date and valid credit or debit card (Visa, MasterCard, or other issuer accepted by us) (“Payment Provider”) and also agree to Stripe’s Terms found at https://stripe.com/us/terms. Your Payment Provider agreement governs your use of the designated credit or debit card, and you must refer to that agreement and not to the Terms to determine your rights and liabilities.
You agree to immediately update your payment details in Stripe if there is any change in your billing address or the credit card used for payment for our services. By using the service you also agree to pay an additional fee of 3.5% fee on all once-off goods and services purchased on your behalf. This fee is to cover the various payment processing and handling fees.
Placing an on-going service provider eg. house cleaner, has an initial $40 placement fee and covers the first two shifts of the third party service, this is followed by the managing and scheduling of on-going service providers which is charged at a rate of $20 per booking and placement of the third party where you pay the providers directly for their service. If you are not completely satisfied with the placement and prefer a replacement provider for the on-going service, we will refer another provider and place them within the same on-going fee structure. If the service is more than once a week, the fee does not exceed $20 applied as a weekly payment for the weekly management of the service. The same principle applies to a less frequent service eg., once a month service a $20 management fee applies for the monthly service. Placement of cleaners and other on-going regular services are required to be booked and scheduled through Hey Felix and not directly with the service provider(unless otherwise agreed in writing between the customer and Hey Felix which will carry a separate recruitment fee). If we pay third party on-going service providers on behalf of the customer, reimbursement is billed to you with an additional 5% for recovery of processing and fees.
Arranging and placing a once-off service provider is charged at a rate of $40 per booking and placement up to a $400 cost of the third party. The fee coverts to a 10% fee of the third party service after $400 is exceeded and charged by the third party directly to you the customer. The $40 placement and 10% fees after $400 are charged by Hey Felix to you the customer. These must be paid in advance of the third party service provider performing the service.
Hey Felix does not accept any liability for any dissatisfaction of service other than to the extent of reprovision of those services.
The Parcels and Keys service are each subject to their own respective service charges as outlined in the Parcel Depot and Key Concierge section of these Terms and Conditions.
While we will take all reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
CHANGES AND CANCELLATIONS
To Visits
You can cancel or change a visit by contacting Hey Felix up to 48 hours before our visit is scheduled.
Cancellation fees may apply if scheduled services are cancelled or changed within 24 hours of the scheduled service.
Cancelling
YOUR MONTHLY SUBSCRIPTION
There are no lock-in contracts. You can cancel your monthly subscription anytime by giving one month’s notice in writing at ask@heyfelix.com.au
Keys
SERVICE
Together with safely keeping the keys to your home for your own access(or third parties you authorise), Hey Felix may also be providing you with certain tasks and errands you request, such as giving authorised access to tradespeople, pet care, parcel deliveries, house cleaning or grocery deliveries. As part of fulfilling these services, Hey Felix will require access to your residence.
When you engage Hey Felix services or make a request, you agree to provide Hey Felix with a set of keys to your residence(where necessary), along with any other information reasonably required by us to perform the requested tasks. We will take reasonable measures of care to protect the security of all keys provided by you to Hey Felix and/or authorised persons of Hey Felix.
The monthly cost of keeping and managing your spare key including pick ups and returns, is $15 per month, payable on the first day of each month. This service includes unlimited pick ups and returns.
The monthly fee also includes coverage to attend your annual fire inspection in case you can’t be in attendance yourself(24 hours notice required if you require Hey Felix in attendance otherwise Hey Felix may be able to attend at an extra charge).
A casual key drop off for specific pick up by an authorised third party is available as a pay as you go casual service on the basis of a 24 hour period of holding the key with the sole purpose of providing it to an authorised third party within that 24 hour period incurring a fee of $4.50 per pick up. All returns are free of charge. If you use the casual key service and don’t take back possession of your key, Hey Felix will make several attempts to contact you to advise the key will be destroyed for security purposes after 30 days if not retrieved.(unless otherwise agreed in writing) This may incur a fee which will be charged to your account.
Other than cases of gross negligence or wilful misconduct, Hey Felix disclaims all liability, responsibility and warranties related to lost keys, any unauthorized use or access to your keys or improper locking of residences.
Keys are kept in a dedicated locked key safe and coded to remove any reference to the address inside alarmed premises.
Keys will only be used by Hey Felix with the permission and instruction of the customer in the process of providing the requested service.
Hey Felix does not currently provide a 24/7 lockout key service included in any subscription. The Monthly Keys subscribers can call during opening hours 8am-7pm Monday to Friday, 10am- 2pm Saturday for a key pick up from the office in case of a lockout(or home delivered if available). Outside these hours you can call for an extended hours lockout service generally available up to 11pm Monday to Sunday for key pick up at the office.
Parcels
SERVICE
The Hey Felix Parcels address can be used by approved customers in accordance with these terms and conditions and as outlined in the registration form.
The right to use the address is solely for the name of the person registered only and a customer cannot transfer or assign the right to another person or entity without prior written approval from Hey Felix.
The service fee shall be paid by way of casual pay as you go payment of $4.50 for each parcel/item at the time of picking up the item from the parcel depot. This can be paid for by way of credit card tap and go before the parcel is released to the registered person or their authorised third party.
If the customer is registered for the monthly payment fee and service, this will be paid automatically each month by way of credit card. Payments will be aligned to the first day of each calendar month.
The $15 per month fee entitles the customer to pick up or drop off for courier pick up from the Parcel Depot up to ten(10) items in total each calendar month.
The $60 per month fee entitles the customer to the same service rights outlined in point 4 above and in addition they are entitled to up to four(4) in-home deliveries of the same number of items in each calendar month. This fee also entitles the customer to retain one spare key anonymously kept in the Hey Felix key safe with unlimited pick ups and returns by the customer or their authorised persons at no additional fee. This waives the standard $15 per month fee for this Keys service.
Any parcel items exceeding the amount of ten(10) per month will incur the regular $4.50 pick up fee.
The customer ensures the amount of parcels delivered to Hey Felix Parcel Depot does not regularly exceed 10 items per month or become an unreasonable amount so as to adversely effect the efficient operation of the Depot service as deemed by Hey Felix management.
Hey Felix has the right to withhold and retain any item pending any monies owed by the customer.
The customer authorises Hey Felix to be their agent concerning any item/parcel delivered to the Parcel Depot address containing their registered name for the service. Hey Felix may collect or retrieve a customers parcel from Australia Post under the written direction and authority of the customer.
The customer authorises Hey Felix to return to sender any parcels/items delivered to the Parcel Depot under that customer’s name within 30 days of receipt of the parcel unless otherwise agreed in writing with the registered customer.
If this agreement is terminated for any reason or the customer has not paid the service fee, Hey Felix may return to sender any items delivered under that customer’s name within 30 days of receipt of parcel/item.
This agreement my be terminated anytime without notice if Hey Felix reasonably believes
– The customer is not the person they claim to be by way of fictitious or assumed name on the registration form or that their address is not in fact where they actually reside or any other information in the registration process reasonably considered to be false
– Some other persons are using the address in place of the registered customer for purposes other than the intended use of the Parcel Depot and receipt of parcels and items
– If there is any reason to believe the use of The Depot will not be used for legal and proper purposes as outlined in these terms and conditions
Once this agreement is terminated, the customer no longer has the right to use the Parcel Depot address for any further shipment of items.
The customer is only permitted to use the Hey Felix Parcel Depot address with strict adherence to the laws and regulations of Australia and Australian states. This includes industry codes
The customer’s right to use the Parcel Depot address does not extend further than simply the use of it for delivery and pick up of parcels as an alternative address to their own address and has no further rights of claim to the property the address is located at. The Parcel Depot serves only as a facility to enable customers to pick up and drop off parcels.
Any items/parcels/articles delivered to the Parcel Depot address must contain only items that comply with Australian federal and state laws and their regulations. If Hey Felix has reason to believe an item delivered to or dropped off at the Parcel Depot is dangerous and/or does not comply with the laws of Australia or is in any way part of a criminal activity then it may be delivered to the police for inspection and Hey Felix have no obligation to deliver it to the customer or sender.
Dangerous or illegal goods must not be lodged for shipment or receiving by Hey Felix Parcel Depot.
The customer may authorise a third party to pick up an item on their behalf. This must be in writing and the third party must produce a valid photo identification of themselves before the parcel/item will be released. A valid phot identification is a recognised government issue identification eg. Passport, drivers license and must be in the opinion of Hey Felix or any agent acting on behalf of, reasonably considers it to .match the identity of the customer or their authorised persons
You may lodge a parcel for return at the Parcel Depot address for pick up by a pre-arranged courier you have booked. Details of the booking must be provided Hey Felix is only acting as a conduit for the pick up by a third party courier you have engaged and takes no responsibility for the performance and conduct of those third party services. Please be aware of the terms and conditions of the third parties which you engage for these purposes.
Hey Felix accepts no responsibility for the conduct of third parties and no liability for any loss or damage caused by those third parties in relation to their services provided.
Parcel size shall not exceed 10kg in weight and no larger than dimensions of length, depth and width, the sum of which does not exceed 120cm(total linear dimensions). Hey Felix reserves the right to refuse delivery of parcels and items exceeding these limits. There may be occasions where we can do this but it must be agreed in writing.
All deliveries must have clear name and address labels attached as a requirement for acceptance into the Parcel Depot.
The customer carries full responsibility for what is contained within each parcel utilising the Hey Felix Depot under their name.
Hey Felix is not a common carrier and reserves the right to refuse to carry or handle any parcel and accepts no liability as a common carrier.
Hey Felix may open any item that does not have any identifying label or one that is not legible as to who the recipient is, to determine where the item is sent from and who it is intended for.
Hey Felix will notify you by SMS or email or phone call, via whichever medium you request, when your parcels are available for collection. Photo identification is required in order to pick up any item.
Complimentary Services
OFFERED WITH A PROPERTY FOR SALE OR LEASE
Hey Felix has various offers available to vendors, landlords, sales and managing agents of residential properties to attach to the sales and marketing of a property for sale or lease as an added value service with a limited pre-paid subscription time period.
The value of the each package can vary depending on the prepayment amount made to Hey Felix to purchase the services. Usually these service offerings when pitched by and purchased via a property agent include a package discount to normal retail pricings offered. The minimum package usually starts around $300 worth of retail value increasing up to higher amounts for more comprehensive monthly services for a fixed period.(if selected). Moving services may include a combination of supervision, co-ordination, sourcing services, providing property access to authorised third parties under direction up to the value of the package purchased. Direct packing assistance included in the moving packages include up to 3 hours for the $300 package with the balance being used with the other moving services listed above. Eg plus 2 hours of supervision/coordination or property access/attendance.
All Complimentary Services offered with the property are for the exclusive use only of the new occupants, being the registered owner(s) or lessee(s) of the property and is not transferrable to any other persons or used in any other way than what is intended and part of the Hey Felix service offerings as set out in these Terms and Conditions and Website Terms of Use.
Dispute
RESOLUTION PROCEDURE
Reasonable endeavours will be made to mediate any dispute concerning the use of the Hey Felix website or service. Disputes in relation to any service provided by Hey Felix or any other related issue will be dealt with seriously and must be reported to the company within 24 hours of the service being rendered along with any supporting evidence and submitted to ask@heyfelix.com.au
If resolution can’t be made between the company and the complainant, within a reasonable timeframe, it shall be referred, where appropriate, to external dispute resolution services or authorities.
Hey Felix carries a current certificate for public liability insurance for up to $20m.