POLICY STATEMENT

This policy outlines the reasons and steps to be taken to refund consumers and clients for services that do not adequately meet SMRC values and standards.

SCOPE

This policy applies to all clients and consumers of SMRC services.

PROCEDURES

Rights

  • SMRC complies with Australian Consumer Law which guarantees supplier must use an acceptable level of skill or technical knowledge when providing services. SMRC must also take all necessary care to avoid loss or damage when providing the services.
  • SMRC will endeavour to provide high quality services to our clients in all circumstances.
  • If clients do not feel that we have met these standards, then they have the option to correct this situation.
  • When SMRC services fail to meet our expected quality or standards, then the organisation can remedy this with the client directly.
  • SMRC will give a remedy when our services are not provided:
    • With due care and skill
    • Which are fit for any specified purpose
    • Within a reasonable time (when no time is set)

Remedies

  • SMRC can choose to refund or other remedy depending on the circumstances of the issue:
    • SMRC will discuss the appropriate remedy with the client and settle on either refunding the cost incurred or by providing appropriate services in place of those not received.

Types of issues the consumer can raise

  • A major problem with services is when:
    • A reasonable consumer would not have acquired the services if they had known the nature and extent of the problem
    • The services are unsubstantially fit for their normal purpose and cannot easily be made fit within a reasonable time
    • The consumer discussed with SMRC the specific purpose they wanted to achieve or gain and the resulting service does not achieve that purpose and cannot do so within a reasonable amount of time.
    • The supply of services has caused damage to the consumer’s property and this loss or damage must have been reasonably foreseeable and not cause by something outside human control such as a natural disaster.
    • The supply of services has created an unsafe situation
  • A minor problem with services is when:
    • Issues that can be fixed or adapted to suit the expected purpose for the client

Type of remedy issued

  • When a major failure with a service occurs, the consumer can:
    • Cancel the service contract and get a refund
    • Keep the contract and get the compensation for the difference in the service delivered and what they paid for
  • When a minor failure with a service occurs, the consumer:
    • Must provide SMRC an opportunity to fix the problem

Handling service issues

  • SMRC will endeavour to fix the issues to ensure they are fit for purpose and appropriate for the consumer.
  • SMRC will do so within a reasonable time and fix the problem free of charge
  • Consumers may, if the issue takes too long according to a reasonable person, get someone else to deliver the service and ask SMRC to pay reasonable costs. They also have the option to cancel the contract and get some or all of their money back if they have already paid. A consumer who has not yet paid or only partially paid, can refuse to pay for the defective services at all or pay less than the agreed price.
  • A reasonable cost would be within the normal range charged by suppliers and include any associated costs for service provision.

Cancellation of services

  • The consumer may cancel a contract for services with SMRC in writing by mail or e-mail.
  • If the above conditions are met for a refund, then the consumer may ask for a refund from SMRC.
  • The amount of a refund will depend on whether some or all of the services provided were unsatisfactory or provided at all.
  • The consumer is not entitled to a remedy when SMRC does not meet one of the consumer guarantees due to:
    • What someone else said or did (excluding SMRC agent or employees)
    • Activities and events beyond human control that occurred after the services were supplied.