Terms and Conditions

TERMS OF USE

Welcome to Edge Of Tomorrow Pty Ltd trading as Professional Shooter! We are a pest control service that gives our customers access to some restricted information. Edge Of Tomorrow Pty Ltd trading as Professional Shooter website as refereed to now as ( the “Site”) is operated by Edge Of Tomorrow Pty Ltd and trades as  (“Professional Shooter”). Please read carefully our Terms and Conditions and Terms of Use, which may be updated by Edge Of Tomorrow Pty Ltd trading as Professional Shooter from time to time without notice to you (the Terms and Conditions and Terms of Use, as modified from time to time, the “Terms”).

ACCEPTANCE OF TERMS OF USE

By accessing, browsing, and/or using the Site, you accept and agree to be bound to these Terms. In addition, when using particular Edge Of Tomorrow Pty Ltd trading as Professional Shooter services, you also shall be subject to any posted guidelines, FAQs, or rules applicable to such services, which may be posted and modified from time to time.

MEMBERSHIP

Members (those who register or book a service) receive access to forms, advice, trade secrets, methods of conducting our services (“Member Information”) not to be made available to any other person not directly involved in any agreed shooting event. Members are limited to access to the restricted information only when seeking to be involved in or during a shooting event.  Members cannot transfer or gift access, including to other Edge Of Tomorrow Pty Ltd trading as Professional Shooter members. Edge Of Tomorrow Pty Ltd trading as Professional Shooter reserves the right to change access rights from time to time at its sole discretion the number of Eligible members. Edge Of Tomorrow Pty Ltd trading as Professional Shooter makes no guarantee regarding access and are subject to change at any time.

ELIGIBILITY; REGISTRATION INFORMATION AND PASSWORD; SITE ACCESS

THE SITE IS NOT AVAILABLE TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE BY Edge Of Tomorrow Pty Ltd trading as Professional Shooter

BY USING THE SITE, YOU REPRESENT THAT YOU ARE/HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE.

If you are using or opening an account on the Site on behalf of a company, entity, or organisation (a “Member Organisation”), then you represent and warrant that you are an authorised representative of that Subscribing Organisation with the authority to bind such organisation to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organisation.

You agree that the information you provide to Edge Of Tomorrow Pty Ltd trading as Professional Shooter on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.

AGENCY AGREEMENT

Q. What is an agency?

A. Agency is defined as a relationship involving authority or capacity in a person (Agent) to create or affect legal relations between another person (Principal) and third parties (Third Party).

Formation of an Agency Agreement

In order to meet government requirements relating to the destruction of feral animals, we are required to demonstrate a written agency agreement exists that authorises us using firearms on a specified property.  This agency agreement is formed when the property owner or authorised party completes and lodges an on line destruction order form. When they submit that form they have agreed to our entering their property with firearms for the purposes of destroying specified feral animals. They also agree to our notifying the Police, DEWNR, RSPCA, Council and other affected parties regarding the agreed animal destruction.

PRIVATE AND CONFIDENTIAL

Your privacy is important to Edge Of Tomorrow Pty Ltd trading as Professional Shooter. Edge Of Tomorrow Pty Ltd trading as Professional Shooter Privacy Policy is hereby incorporated into these Terms by reference. Please read the privacy policy carefully for information relating to Edge Of Tomorrow Pty Ltd trading as Professional Shooter collection, use, and disclosure of your personal information.

Equally our privacy is important to us! By using this website or our services you hereby agree to keep secret and private any information regarding our involvement in any shoot or consulting arrangement. This agreement to keep all details about our involvement private and confidential also protects you our client; particularly in the event any information is published via social media by the public. Should this information attract the attention of media personal or activist groups etc. who make contact to discuss particulars of any event, you or your organisation or associate bodies are obliged not to provide any information that has not been agreed to in writing by the parties involved prior to any release of information.

PAYMENT

Unless agreed upon prior to commencement of the services provided by Edge Of Tomorrow Pty Ltd trading as Professional Shooter, payment for our service is required on the day of the service and can be made via Visa/Master card or cash as we do not accept cheques.

If cash payment is required, please ensure the correct amount must be given. (We do not always carry change).

Payment via Bank deposit can be agreed upon prior to any work being commenced. Edge Of Tomorrow Pty Ltd trading as Professional Shooter must be contacted at least 3 days prior to the service date to ensure full payment for the service is received on or before the service is provided.

The Customer agrees to pay the price quoted and any other charges applicable to the service in full, on the day of the first attendance to your property/site unless alternative payment has been arrangement and agreed to in writing prior to commencement of the agreed service. If payment for our service by invoice has been agreed upon and payment is not made in full within the invoice terms of trade, this will be treated as “Theft of Service” and as such action will commence to retrieve all outstanding amounts owed to Edge Of Tomorrow Pty Ltd trading as Professional Shooter for their service. Any costs incurred during the recovery process will be charged to the client and a further 10% admin fee on behalf of Edge Of Tomorrow Pty Ltd trading as Professional Shooter will be charged every 7 days on any overdue amounts.

Site visit for the purposE of providing a Quotation or Consultation Service

As a rule we don’t recommend a visit to any properties for the purposes of providing any quotations where the bird numbers are less than 50. However, if you do require a site visit by us there is a $100 plus GST charge within our service area. Outside our service area will attract a travel charge.

GST

All prices and quotations exclude GST unless otherwise specified. GST is payable in respect to any service or product supplied to a Customer under this Agreement.

USE OF FIREARMS

Prior to Edge Of Tomorrow Pty Ltd trading as Professional Shooter using a licensed firearm to carry out feral animal extermination on a premises, written consent must be obtained from the property owner or the occupier of the land. It is also recommended that you notify any neighbors, site security, center management, strata management or body corporate or other parties you feel could be affected by our work to be carried out prior to an agreed commencement date.

GUARANTEE

Edge Of Tomorrow Pty Ltd trading as Professional Shooter only deals with the control/extermination of known feral animals specified in and not otherwise excluded from any recommendation & resultant agreement. Edge Of Tomorrow Pty Ltd trading as Professional Shooter CAN-NOT guarantee the outcome of shooting or trapping work. This is primarily due to the fact that Pests are biological and have well developed survival instincts and can re-infest from other locations. Shooting may also be impaired by weather, access, the public, and other matters beyond our control.

PRIOR AGREEMENT

This Agreement supersedes and replaces any and all previous agreements between the parties.

SEVERABILITY

If any provision of this Agreement is illegal and unenforceable in whole or in part, the remainder of this Agreement shall remain enforceable to the extent permitted by law.

GOVERNING LAW

This Agreement shall be construed and enforced in accordance with the laws of the State of SOUTH AUSTRALIA. In the event that any ambiguity or questions of intent or interpretation arise, no presumption or binder of proof shall arise favoring or disfavoring Edge of Tomorrow Pty Ltd by virtue of authorship of this Agreement and the terms and provisions of this Agreement shall be given their meaning under law.

ASSIGNMENT

This Agreement shall be binding upon the authorised party, the company, its executives,  executors and assigns and upon thier employer, its successors and assigns.

INDEMNITY

Except with respect to claims arising from a Party’s separate negligence or willful acts, which shall remain that Party’s personal obligation, each Party agrees to defend, indemnify and hold harmless the other Party and its directors, officers, and employees with respect to a claim arising from the Party’s actual or alleged act, failure to act, error, or omission in the performance of their obligations under this any signed service agreement or any governing law or regulation.

DAMAGE

Shooting by its very nature shooting is dangerous. The client accepts when using our services that the inherent risk associated with shooting can not be avoided if the pest animal(s) are to be managed. The client must use their own due diligence to inform their decision to undertake pest animal destruction. Damage is usually limited to dents in roofing and wall structures made of tin. Some of these surfaces are old, rusted or poor quality and holes maybe the outcome. Results are affected by risk factors. If the back drop is a tin roof, we consider this a normal event and dents may occur. Usually these are large enough to be seen from the ground. However other back drops may not be seen, such as cables under solar panels, electrical cables in support trays, lights, preconditioning ducts, fans, surveillance equipment etc. While we take all due care to make sure our back drop is as safe as possible, we cannot always determine the same when attempting to destroy the pest.

CONFIDENTIALITY AGREEMENT

It is understood and agreed by the customer that Edge Of Tomorrow Pty Ltd trading as Professional Shooter will disclose confidential information and may provide certain information that is and must be kept confidential. To ensure the protection of such information, and to preserve any confidentiality necessary under patent and/or trade secret laws, it is agreed that

1. The Confidential Information to be disclosed can be described as and includes:

Invention description(s), technical and business information relating to proprietary ideas and inventions, ideas, patentable ideas, trade secrets, drawings and/or illustrations, patent searches, existing and/or contemplated products and services, research and development, production, costs, profit and margin information, finances and financial projections, customers, clients, marketing, and current or future business plans and models, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure.

2. The Recipient agrees not to disclose the confidential information obtained from Edge Of Tomorrow Pty Ltd trading as Professional Shooter to anyone unless required to do so by law or by agreement in writing.

3. This Agreement states the entire agreement between the parties concerning the disclosure of Confidential Information. Any addition or modification to this Agreement must be made in writing and signed by the parties.

4. If any of the provisions of this Agreement are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole.

The Customer agrees that they have read and understand this CONFIDENTIALITY AGREEMENT and accepts the duties and obligations set forth herein.

LIABILITY

LIMITATIONS

Breach of the following Limitations by the Client may result in the termination of any recommendation & resultant agreement.
1. It is the responsibility of the Client to ensure that any ‘Targeted Areas’ are not disturbed and are kept clear of any people so as to avoid any possibility of harm by shooting, ricochet, traps etc.
2. Edge Of Tomorrow Pty Ltd trading as Professional Shooter must be notified IMMEDIATELY of any risks that might affect the outcome of our shooting efforts.
3. Any recommendation & resultant agreement does not include the inspection and assessment of matters outside the scope of Edge Of Tomorrow Pty Ltd trading as Professional Shooter. Accordingly, this is not an inspection report or management proposal for timber pests such as termites, wood borers, fungal decay and chemical delignification or other excluded pests including bed bugs. We shoot/trap feral animals. Any work outside that scope has not been considered in any recommendation & resultant agreement.
4. Inspections only cover areas of the property which are normally accessible. Inspections do not cover areas which are inaccessible or not readily accessible or obstructed at the time of inspection. All quotes/recommendations unless otherwise stated have not allowed for any access equipment such as height platforms, hides, ladders, scaffolds etc.
5. Edge Of Tomorrow Pty Ltd trading as Professional Shooter is not liable for any reliance placed on any recommendation & resultant agreement by any third party other than that disclosed by the Building Owner named in the recommendation and subsequent agreement who may have provided instruction to the Client.
6. Any recommendation & resultant agreement only applies to the work of Edge Of Tomorrow Pty Ltd trading as Professional Shooter. It does not apply to the work of any other pest manager or successor in business with Edge Of Tomorrow Pty Ltd trading as Professional Shooter.
7. Any agreed service obligations are strictly between Edge Of Tomorrow Pty Ltd trading as Professional Shooter and Client and Building Owner named in any final agreement document. All service obligations terminate on sale or transfer of ownership of the property. A new owner must contact Edge Of Tomorrow Pty Ltd trading as Professional Shooter to re-establish any agreement.

EXCLUSIONS

1. Any recommendation & resultant agreement expressly excludes the treatment, rectification or repair of damage resulting from past, current or future shooting or trapping activity.
2. Any recommendation & resultant agreement expressly excludes the treatment, rectification or repair of any shooting or trapping damage which has been neglected through the actions or in-actions of the Building Owner or its servants, agents or invitees.
3. We exclude: Body collection (other than retrieval from ground level), cleaning of blood stains, responsibility for birds landing outside the property and any liability for any negative social media, TV coverage or other forms of media public coverage or print.
4. Clearing and cleaning any bird nests, droppings, or other debris, past deterrent removal i.e. nets, spikes, owls etc.

TERMINATION

This contract may be terminated by Edge Of Tomorrow Pty Ltd trading as Professional Shooter forthwith if the Client is in breach of any of his/her obligations under any contract or if the Company going into liquidation, receivership or administration or if the Client shall commit an act of Bankruptcy or have any Receiving Order made against him/her or shall make any arrangement with his/her creditors or any Assignment for the benefit of such creditors or if distress or execution shall be levied or threatened upon any of The Client’s property or any judgement against The Client shall remain unsatisfied for more than 14 (fourteen) days. The Client may only assign the burden of this contract with the prior written consent of Edge Of Tomorrow Pty Ltd trading as Professional Shooter.

Shooting

Any pest destruction order is binding for the agreed value and quantity of shoots. You may terminate a pest destruction order provided written notice is received 48 hours prior to the first nominated shoot date.  The value of any shoots already undertaken will be in accordance with our published pricing. For example, if one shoot or a three shoot order has been carried out prior to the cancellation, the price for one shoot will apply. Any additional cost such as travel, accommodation etc will be charge at cost plus 20% or as stipulated per the published price.

Trapping

Any contract for service, where applicable, is binding for the agreed value and term of the contract. The contract shall continue unless terminated at the end of the contract and may only be cancelled on one month’s written notice. If the Client decides to terminate the contract before the agreed end date, the Client shall be liable for the remaining term outstanding, payable within 7 (seven) days of termination.

CHANGES AND CANCELLATIONS

All cancellations must be done in writing during normal business hours. Cancelling a weekend shoot should be done via a telephone call and followed up with a written conformation. We have a 48 hour cancellation policy. It takes time, coordination and equipment preparation to arrange a shoot. The full value of the shoot will be charged, including travel costs, if we reach site only to be advised that the shoot is cancelled.  Notice provided less than 48 hours but before arriving on site means you will be charged our minimum fee of $330 + GST less 20%. *Note: “Night Shoots” or other Customised shoot agreements will be charged at full fee less 20%!  Travel charges will not be charged!

WEATHER

Changes or rescheduling due to weather will be decided by our shooter and advised as soon as the conditions again become suitable to making an informed decision.  No cost or liability will be attributed attributed to either party as this is beyond either parties control. We generally consider rain, gusty winds or above 15 KPH or temperatures above 35 degrees unsuited to shooting.

ANIMAL ACTIVISTS

Right to Lifers, Pro-Lifers, Animal Activists, RSPCA, PETA, individuals ethically opposed, etc. herein referred to as (Animal Activists). all share a common bond, that animals are protected from harm. While we aim to minimise harm and try to remain as covert as possible, we will not be held liable for any consequence caused by those individuals or groups who might be opposed to or offended by shooting or trapping pest animals. We will where we have reason to believe the client might face an elevated chance of engaging with any animal activists or group notify them as soon as possible and allow them the opportunity to proceed or terminate our services. But we repeat, we will take all due care to avoid any consequence, but are not liable for any consequence caused any animal activists actions.

SPECIAL CONDITIONS

The Client acknowledges (see also Item 5):
1. Before the commencement of any work or on breach of this Agreement, the Edge Of Tomorrow Pty Ltd trading as Professional Shooter reserves the right to terminate any recommendation & resultant agreement at Edge Of Tomorrow Pty Ltd trading as Professional Shooter absolute discretion. In this even, any fees, deposit or other monies paid by the Client will refunded other than the cost of work executed to the date of termination of this Agreement.
2. Edge Of Tomorrow Pty Ltd trading as Professional Shooter shall not be liable for failure to perform any duty or obligation that Edge Of Tomorrow Pty Ltd trading as Professional Shooter may have under this agreement, where such failure has been caused by inclement weather, industrial disturbance, and inevitable accident, inability to obtain labour or transportation, structural or environmental conditions, or any cause outside the reasonable control of Edge Of Tomorrow Pty Ltd trading as Professional Shooter.
3. If during the course of undertaking the agreed Service Option it is found that structural or environmental conditions prevent the Edge Of Tomorrow Pty Ltd trading as Professional Shooter performing any sections of the agreed service option, then the terms of the option offered will be reviewed and the cost of the service option revised. The prices quoted are valid for 30 days, after that the Edge Of Tomorrow Pty Ltd trading as Professional Shooter reserves the right to make revisions.
4. No liability will be accepted for damage done to concealed services such as telephone, power, gas, water or drainage by drilling and/or cutting through masonry, concrete, timber or other surfaces unless clear and accurate plans of such services are provided to Edge Of Tomorrow Pty Ltd trading as Professional Shooter prior to commencement of work. The Building Owner shall indemnify Edge Of Tomorrow Pty Ltd trading as Professional Shooter from the costs and damages that may arise from any action, suit, claim or demand which arises from the failure of the Building Owner to supply these plans before commencement of work.
5. The Building Owner accepts that in undertaking any recommendation & resultant agreement damage may be caused to the property. The Building Owner will not require such damage to be rectified and indemnifies Edge Of Tomorrow Pty Ltd trading as Professional Shooter from any claim arising from such damage where it occurs in the normal course of carrying out any agreed Service Option.
6. Edge Of Tomorrow Pty Ltd trading as Professional Shooter reserves the right to revise the price of the agreed Service Option if the Building Owner or their servants, agents or invitees restrict or hinder Edge Of Tomorrow Pty Ltd trading as Professional Shooter free access to the Property.
7. All monies are due and payable, upon invoice. All agreements to provide future services are void unless payment has been received in full.
8. The Building Owner warrants it will provide full co-operation with Edge Of Tomorrow Pty Ltd trading as Professional Shooter during the term of any agreed Service Option, and agrees to maintain the treated area(s) free from any factors contributing to pest activity.
9. Edge Of Tomorrow Pty Ltd trading as Professional Shooter must be notified immediately of any evidence of active (live) pests found.
10. The Client warrants that he is authorised to bind the Building Owner to any recommendation & resultant agreement.
11. We take no responsibility for pest being at the arranged shoot. The owner is liable for the full agreed fee regardless of how many or even if any animals are shot.

IMPORTANT HEALTH & SAFETY INFORMATION

The Client acknowledges:
1. If the Building Owner or other occupants of the property or adjacent building believe they are at risk the Building Owner must advise Edge Of Tomorrow Pty Ltd trading as Professional Shooter  in writing in advance of any scheduled event, including whether the Building Owner or other occupants have consulted with other parties that may have relevant risks. Edge Of Tomorrow Pty Ltd trading as Professional Shooter reserves the right, upon receipt of such notification, to deny or terminate service. Failure to provide notification represents the Building Owner’s assumption of risk and waiver of any claims against Edge Of Tomorrow Pty Ltd trading as Professional Shooter in connection with such situation.
2. When requested by Edge Of Tomorrow Pty Ltd trading as Professional Shooter the Building Owner must protect or remove any people, animals, birds, fish, goods or possessions during they consider might be at risk during the shooting or trapping event.
3. The Building Owner must at all times strictly follow any written or oral advice, recommendation or information given by Edge Of Tomorrow Pty Ltd trading as Professional Shooter.