TERMS AND CONDITIONS
The following Terms and Conditions, together with the Services outlined in the Service Agreement or invoice, form the entire contract (the “Contract”) between Approved Services Pty Ltd (further – Approved) and the Owner of the property / Builder/ Service Provider (further – Client), with the exception of any documents expressly referenced in, or attached to this document.
1. THE ROLE OF APPROVED
Approved shall:
1.1. Provide to the Client the Services described in the Quote or Invoice.
1.2. Retain copyright in all documents provided by Approved to the Client, whether such documents were created during the term of this contract or not, provided that the Client shall have a license to use the documents for the purpose of the project or if applicable, part of the project, the subject of this Contract and no other. This license may be revoked if the Client is in breach of its obligations under this Contract, in which case, the Client shall return all such document sand copies to Approved.
1.3. Maintain the confidentiality of any documents or information provided by the Client unless otherwise agreed.
1.4. Approved warrants that the information supplied to the Client or any person or body at the direction or request of the Client, whether express or implied, (and subject to obtaining the permission of Approved), in the course of providing the Services.
1.5. Observe the requirements to maintain adequate worker’s compensation, public liability and professional indemnity insurances.
2. THE ROLE OF THE CLIENT
The Client shall:
2.1. Provide to Approved all necessary and accurate documentation, information and instructions to enable Approved to provide the Services.
2.2. Pay Approved, the fees and disbursements described in the Quote or Invoice, within the time frame described.
2.3. Appoint a representative of the Client to liaise Approved. This representative shall have the authority to bind the Client in respect to any matter related to the Services.
2.4. Ensure that all authorizations and permissions to access property for site inspections have been obtained to enable Approved to provide the services.
2.5. Maintain the confidentiality of any documents or information provided by Approved, unless otherwise agreed.
2.6. In the case of two or more clients, be jointly and severally liable for the terms and conditions of this contract.
2.7. The Client warrants that the information supplied to Approved or any person or body at the direction or request of the Client, whether express or implied, in the course of providing the Services, including computer discs of plans, is fit for use by Approved or other parties and may be relied on without further examination.
3. PAYMENT OF SERVICES
3.1. The agreement to the fee quoted should exclude the following:
3.1. Change in the scope of the project. Where the scope changes in a substantial way our fee would need to be re-negotiated.
3.1. Where the work involved is increased due to changes in Client instruction and the anticipated work programmed is protracted, additional fees shall be charged at an hourly rate.
3.1. Expenses and outsourcing are charged out at cost.
3.1. If due to Client instruction or another event, a break in continuity or the deferment of the project occurs, then the fee for the Services completed at the time of cessation, shall be determined on a pro-rata basis.
3.2. Should any additional claims be made, charges for these items shall be based on the hourly rate that will be provided to the client prior to the works being undertaken.
3.3. Notwithstanding clause 3.2, final accounts maybe rendered immediately on the completion of the Services.
3.4. The Client shall pay Approved within 14 days of the rendering of a business account or pay prior to Approved commence any work.
3.5. Approved is entitled to an interest of 2% per month on all fees due and not paid within the designated timeframe without relieving the client of the obligation to pay the account. If the client fails to make payment by the due date, Approved reserves the right to cease work and/or withhold delivery to the client, documentation of any work which has been carried out.
4. AGREED TERMS
4.1 Lodgement of an application with Approved confirms your acceptance of our fee agreement.
4.2 The fee agreement will be reviewed at the commencement of a new financial year.
5. INDEMNITY
5.1. The client hereby agrees to indemnify and keep Approved indemnified in relation to all actions, proceedings, cross-claims and demands which might be brought against or made against Approved arising directly or indirectly out of any act, matter or thing carried out by Approved in pursuance of this agreement including but not limited to any legal proceedings instituted by Approved in furtherance of this agreement.
6. VARIATIONS
6.1. The Client may, by written direction, vary the Services or the timing of the Services required, subject to Approved adjusting the fee or the date of completion of the Services (if any) to reflect the variation.
6.2. Approved may vary the fees or the date for completion of the Services, by written notice to the Client, where such a variation is required because of events outside the control of Approved or due to a breach of this Contract by the Client.
7. DISPUTES
7.1. If the Client and Approved are in dispute regarding any matter arising out of this Contract, then the matter in dispute will be referred to the Company’s solicitor. If the dispute has not been resolved within 28 days, after the engagement of the solicitor, the dispute will be submitted to arbitration and conducted in accordance with, and subject to the laws of the state in Australia in which the contract is formed.
7.2. Nothing in this clause shall prevent Approved from instituting legal proceedings to recover money owing by the Client to Approved and costs incurred in relation to debt recovery.
8. SCOPE OF LIABILITY
8.1. The Client agrees to release and indemnify Approved from and against all liabilities, claims, losses, damages, costs and expenses which may accrue against or be suffered by Approved, arising out of, or in any way connected with this Contract regardless of the form of action, whether in contract, tort (including negligence), breach of statutory duty or otherwise unless caused by the willful misconduct of an officer, employee or agent, acting within the scope of Approved.
8.2. The Client acknowledges that Approved has entered into this Contract on the basis that the Client accepts the apportionment of risk and liability agreed to in this Contract and that such apportionment is reflected in the fees charged.
9. COPYRIGHT & OWNERSHIP
9.1. Copyright in all documents prepared by Approved partners involved in the scope of works determined in the contract and in all works executed from those documents and drawings shall remain the property of Approved.
10. TERMINATION
10.1 The Client may terminate this Contract: Upon giving Approved 7 days written notice of the Client’s intention to do so.
10.2 Approved may suspend the provision of this Contract at its absolute discretion in the event of a breach by the Client of the terms or conditions of this Contract, such breach having not been remedied with 14 days or written notice from Approved.
These Terms & Conditions was last updated in June 2023.
