Terms of Trade ALSO Pre-Engagement Contract
By agreement to proceed with works demonstrated by one or more of the below actions, a contract is formed between the Company and the Customer and the below agreement entered into:
- Instructions to carry out work,
Paying fees, or a payment toward the invoice provided,
Or any other agreement, including but not limited to email, text or similar.
It is recommended and encouraged that the Customer seek legal advice in relation to this agreement prior to proceeding.
“Consultant” means a person, business or company who is qualified and experienced to undertake inspections in accordance with Australian Standards as outlined within.
“Company” means WA Building and Pest Inspections Pty Ltd, including but not limited to any staff, employees and office holders.
“Customer” means the person, persons or organisation in which engaged the Company to perform works.
1. The Company reserves the right to reject any request for inspection at the Company’s absolute discretion. In this event, any fees, deposit or other monies paid by the Customer will be refunded.
2. The Company shall not be liable for failure to perform any duty or obligation that the Company may have under this agreement, where such failure has been caused by inclement weather, industrial disturbance, inevitable accident, inability to obtain labour or transportation, or any cause outside the reasonable control of the Company.
3. This agreement is subject to change without notice.
As requested by the Customer, the inspection is to be based solely on one of the following options:
The Report will be produced for the exclusive use of the Customer. The Consultant, and/or the Company is not liable for any reliance placed on the report by any third party.
Any inspection completed on instructions from the Customer is to be completed in line with the relevant Australian Standards such as:
- 4349.1 – Pre Purchase Structural Inspections
- 4349.0 – New Construction or Stage Construction Inspections
- 4349.3 – Timber Pest inspections
- 3660.2 – Termite management, In and around existing buildings and structures (New builds)
- Or a combination of these.
- Other services offered will be in line with the service offerings the Company is insured to carry out, providing the business or company is suitably qualified and experienced to do so. The Customer should make their own enquiries to understand the qualifications of the Consultant and/or Company prior to engaging them. The Consultant and/or the Company presumes that the Customer has done so at the time of engagement.
The Consultant is inspecting the primary building envelope ONLY, and DOES NOT take in to consideration any council or non-council approved structures, independent structures such as but not limited to pet enclosures, standalone pergolas, or similar separate items will not form part of the work scope unless prior agreements are made to include them. Attaching items will be excluded, such as but not limited to, flyscreens, battery packs, solar panels and solar systems, BBQ systems, hot water unit, water tanks, air conditioner, appliances, alarms, reticulation or similar.
Primary Elements means those parts of the building providing the basic load bearing capacity to the structure, such as foundations, footings, floor framing, load bearing walls, beams or columns.
The term ‘Primary Elements’ also includes other structural building elements including those that provide a level of personal protection such as handrails, floor-to-floor access such as stairways, and the structural flooring of the building such as but not limited to floorboards (see further below).
Structural Damage or Major Structural means a significant impairment to the integrity of the whole or part of the Structure falling into one or more of the following categories:
- (a) Structural Cracking and Movement – major (full depth) cracking forming in Primary Elements resulting from differential movement between or within the elements of construction, such as but not limited to foundations, footings, floors, walls and roofs.
- (b) Deformation – an abnormal change of shape of Primary Elements resulting from the application of load(s).
- (c) Dampness – the presence of moisture within the building, which is causing consequential damage to Primary Elements.
- (c) Structural Timber Pest Damage – structural failure, i.e. an obvious weak spot, deformation or even collapse of timber Primary Elements resulting from attack by one or more of the following wood destroying agents: chemical delignification (forming part of the building inspection); fungal decay; wood borers; and termites.
- (e) Conditions Conducive to Structural Damage means noticeable building deficiencies or environmental factors that may contribute to the occurrence of Structural Damage.
Secondary Elements means those parts of the building not providing loadbearing capacity to the structure, or those non-essential elements which, in the main, perform a completion role around openings in Primary Elements and the building in general such as non-loadbearing walls, partitions, wall linings, ceilings, tile joists, chimneys, flashings, windows, glazing or doors.
Finishing Elements means the fixtures, fittings and finishes applied or affixed to Primary Elements and Secondary Elements such as baths, water closets, vanity basins, kitchen cupboards, door furniture, window hardware, render, floor and wall tiles, trim or paint. The term ‘Finishing Elements’ does not include furniture or soft floor coverings such as carpet and lino.
Major Defect or significant defect means a defect of significant magnitude where rectification has to be carried out in order to avoid unsafe conditions, loss of utility or further deterioration of the property.
Minor Defect means a defect other than a Major Defect, this is commonly referred to as maintenance items of areas included in the report as general advice.
Serious Safety Hazard means any item that may constitute an immediate or imminent risk to life, health or property. Occupational, health and safety or any other consequence of these hazards has not been assessed.
Tests means, where appropriate, the carrying out of tests using the following procedures and instruments:
(a) Dampness Tests means additional attention to the visual examination was given to those accessible areas which the Consultant’s experience has shown to be particularly susceptible to damp problems. Instrument testing using electronic moisture detecting meter of those areas and other visible accessible elements of construction showing evidence of dampness was performed.
(b) Physical Tests means the following physical actions undertaken by the Consultant: opening and shutting of doors, windows and drawers; operation of taps; water testing of shower recesses; and the tapping of tiles and wall plaster (some, any or randomised testing).
There is no forecasted time or duration between the inspection and the result of further deterioration of any item inspected, therefore the inspection in no way is a warranty against further damage or risk to safety, and the Customer acknowledges that attention be given to the defect without delay.
You must advise us of any pets or any personal or family/staff concerns prior to our attendance.
If the house is occupied or furnished, and prior permission has not been obtained by the Customer, we will not turn off the power, due to the risk of damaging appliances, equipment or any other electrical device in a property that is occupied in any way. The Consultant cannot (due to liability) trip the power to the property.
As outlined in Occupational Safety and Health Act (Guidance Note 2018), access may be limited to a confined space, such as but not limited to, subfloor and roof space. The Customer hereby accepts and warrants that limitations may arise in this regard.
The Consultant will make a determination as to the safety of accessing any or all parts of a space deemed to be confined based on his/her views at the time of the inspection based on the merits presented, this may include but not limited to vermin, snakes, sharp objects, power, integrity of foundations, chemicals, weather (including but not limited to slip and heat risks), poor ventilation, contaminants or similar.
The term ‘readily accessible’ also includes:
- Unless noted in “Special Conditions or Instructions”, the Consultant only covers the Readily Accessible Areas of the Building & Site. Readily Accessible Areas means areas which can be easily and safely inspected without injury to person or property, as determined at the discretion of the Consultant, including but not limited to areas which are less than 3.6 metres above ground or floor levels, in roof spaces where the minimum area of accessibility is not less than 600 mm high by 600 mm wide and subfloor spaces where the minimum area of accessibility is not less than 400 mm high by 600 mm wide, providing the spaces or areas permit entry. Should high reach be needed, the Customer will need to advise the Consultant and/or Company and carry additional costs for use of high lift equipment such as but not limited to scissor lifts, cherry picker, scaffold, drone assistance or similar.
- Accessible subfloor areas on a sloping site where the minimum clearance is not less than 600 mm high, provided that the areas is not more than 2 metres from a point with conforming clearance (i.e. 400 mm high by 600 mm wide); and
- Areas at the eaves of accessible roof spaces that are within the Consultant’s unobstructed line of sight and within arm’s length from a point with conforming clearance (i.e. 600 mm high by 600 mm wide).
In relation to areas which are not deemed to be ‘readily accessible’:
- The Consultant will not move, arrange or facilitate the removal of, any items which may obstruct or limit access points, including but not limited to, cover, stored goods, flora, fauna, general obstruction, locked areas, furniture, rugs, carpet, wallpaper, occupants, or similar. The Customer accepts and warrants that it is their sole responsibility to liaise with the appropriate person (be it the selling agent or the occupant) to ensure that access is available to enable the Consultant and/or the Company to access the property to complete the inspection.
- The inspection does not include areas, which are inaccessible, not readily accessible or obstructed at the time of inspection. Areas, which are not normally accessible are not inspected and include – but not limited to – the interior of a flat roof or beneath a suspended floor filled with earth. Obstructions are defined as any condition or physical limitation which inhibits or prevents inspection and may include – but are not limited to – roofing, fixed ceilings, wall linings, floor coverings, fixtures, fittings, furniture, clothes, stored articles/materials, thermal insulation, sarking, pipe/duct work, builder’s debris, vegetation, pavements or earth.
- Areas where reasonable entry is denied to the Consultant, or where reasonable access is not available, are excluded from, and do not form part of, the inspection. If a home accessed for an inspection has occupants which deny access to certain spaces, this will be excluded from the report and the Customer is to ensure prior to the inspection that this has been agreed to avoid limited access, obstructing furniture should be removed from the walls prior to entry by the Consultant.
SUB FLOORS AND FOUNDATION MOVEMENT:
Subfloors generally made of timber can over time, due to the timbers natural movement, begin to undulate and loosen from fixtures, often this leads to the flooring becoming “springy” or begin to run out of level, the timbers can often pull away from the fixings and great gaps below walls.
With subfloors general lack of full access to these locations, this forms an exclusion zone and the inspector is not often able to label the area as a significant structural defect, subfloors have a risk of requiring re-stumping should the timbers be significantly detached from fixings points, natural bowing, timber pest infested or similar, due to the exclusion zone, the customer acknowledges this and understands that comments regarding these risks may not be reported on.
Foundation movement over time may cause windows to jam as the walls are adversely effected buy the connection to the foundations, significant foundation movement will be reported on when a significant or major defect occur as a result of this, however, not all movement within walls as a result of foundation movement signify a major defect, and jamming or stuck windows do not always indicate a major defect, the Customer acknowledges that the Consultant may not label a significant defect in the event of wall movement or jammed windows unless the opinion of the Consultant is such that the movement is major defect.
When homes get constructed by the builder, the builder is obligated to follow the Australian Standards regarding certain and specific Australian Standards an example of this may be but not limited to the following examples
- AS 1684 Residential timber-framed construction
- AS 1860 Particleboard flooring – Installation
- AS 2047 Windows in buildings – Selection and installation
- AS 2783 Use of reinforced concrete for small swimming pools
- AS 2796.1 Timber – Hardwood – Sawn and milled products
- AS 2870 Residential slabs and footings
- AS 3958.1 Ceramic tiles – Part 1: Guide to the installation of ceramic tiles
- AS 3958.2 Ceramic tiles – Part 2: Guide to the selection of a ceramic tiling system
- AS 3660.2 Termite management – Part 2: In and around existing buildings and structures – Guidelines
- AS 3700 Masonry structures
- AS 3727 Pavements Part 1: Residential
- AS 3740 Waterproofing of domestic wet areas
- AS 4654 Waterproofing membranes for external above-ground use
- AS 4386 Cabinetry in the built-in environment – Commercial and domestic
- AS 4773.2 Masonry in small buildings – Construction
- AS/NZS 1839 Swimming pools – Premoulded fibre-reinforced plastics – Installation AS/NZS 2311 Guide to the painting of buildings
- AS/NZS 2589 Gypsum linings – Application and finishing
- AS/NZS 3500.3 Plumbing and drainage – Part 3: Stormwater drainage
In the event of a pre-purchase inspection, compliance defects are not included in the scope of works, they may however be included in the event the inspector is engaged to specifically report on those Australian Standards.
LIMITATIONS and EXCLUSIONS
The Client acknowledges:
‘Visual only’ inspections are not recommended. A visual only inspection may be of limited use to the Customer. In addition to a visual inspection, to thoroughly inspect the Readily Accessible Areas of the property requires the Consultant to carry out whenever necessary appropriate tests.
The report does not include the inspection and assessment of items or matters outside the scope of the requested inspection and report. Other items or matters may be the subject of a Special-Purpose Inspection Report, which is adequately specified (see Exclusions below).
- The Report does not include the inspection and assessment of items or matters that do not fall within the Consultant’s direct expertise.
- Australian Standard AS4349.1-2007 ‘Inspection of Buildings. Part 1: Pre-Purchase Inspections – Residential Buildings’ recognises that a property inspection report is not a warranty against problems developing with the building in the future. With Respect to Timber pest, the same is assumed however pursuant to Australian Standard AS 4349.3 Inspections of Buildings With Respect to New Construction the same is assumed however pursuant to Australian Standard AS 4349.0.
- The Consultant will advise on minor items as a matter of added value, however indemnifies himself and the Company of liability in this regard. Minor items include but are not limited to:
- Any individual Minor Defect;
- Solving or providing estimates for any rectification or repair work;
- The structural design or adequacy of any element of construction;
- Detection of wood destroying insects such as termites and wood borers (Refer to Timber Pest Inspection for more details regarding scope if Timber Pest is included in the report)
- The operation of fireplaces and chimneys;
- Any services including building, engineering (electronic), fire and smoke detection or mechanical;
- Lighting or energy efficiency;
- Any swimming pools and associated pool equipment or spa baths and spa equipment or the like;
- Any appliances such as dishwashers, insinkerators, ovens, stoves and ducted vacuum systems;
- a review of occupational, health or safety issues such as asbestos content, the provision of safety glass or the use of lead based paints;
- A review of environmental or health or biological risks such as toxic mould;
- Whether the building complies with the provisions of any building Act, code, regulation(s) or by-laws or structures relating to approvals by local council;
- Whether the ground on which the building rests has been filled, is liable to subside, swell or shrink, is subject to landslip or tidal inundation, or if it is flood prone; ; and
- In the case of strata and company title properties, the inspection of common property areas or strata/company records. Any of the above matters may be the subject of a special-purpose inspection report, which is adequately specified and undertaken by an appropriately qualified inspector.
4. The inspection is NOT in any way a warranty or guarantee.
5. If an item is missed in error or due to concealment, obstruction or similar and is found to be faulty, the Company and Consultant is indemnified of liability in this regard.
General Notation Categorization (Building Inspection)
In relating to the Inspection, the meaning of ratings: Good | Fair | Poor are defined as:
An item location is considered “good” if the item is performing better that that another or similar item in a comparable home for its expected age, this does not indicate the item or location is considered “perfect”, and all items should be viewed annually to ensure degrading or deterioration are monitored.
An item location is considered “fair” if the item is performing as could be expected comparing to that of another or similar item in a comparable home for its expected age, this rating of fair generally means the item should be attended to in order to prevent further degrading or deterioration, failing to address the area outlined, could result in a decline in quality, structural effectiveness or may contribute to factors leading to loss of amenity or similar, and is recommended the area inspected get attention within or less than 12 months.
An item location is considered “poor” if the item is performing less than should be expected comparing to that of another or similar item in a comparable home for its expected age, this rating of poor generally means the item should be attended as soon as possible in order to prevent further degrading or deterioration, failing to address the area outlined, could result in a decline in quality, structural effectiveness or may contribute to factors leading to loss of amenity or similar, the item inspected at this rating is classed as urgent and should have remediation action as soon as possible.
SERVICE TIMBER PEST REPORT (this specific to timber pest inspections)
- Timber Pest Attack means Timber Pest Activity and/or Timber Pest Damage.
- Timber Pest Activity means tell-tale signs associated with ‘active’ (live) and/or ‘inactive’ (absence of live) Timber Pests at the time of inspection.
- Timber Pest Damage means noticeable impairments to the integrity of timber and other susceptible materials resulting from attack by Timber Pests.
- Major Safety Hazard means any item that may constitute an immediate or imminent risk to life, health or property resulting directly from Timber Pest Attack. Occupational, health and safety or any other consequence of these hazards has not been assessed.
- Conditions Conducive to Timber Pest Attack means noticeable building deficiencies or environmental factors that may contribute to the presence of Timber Pests.
- Timber Pest Detection Consultant means a person who meets the minimum skills requirement set out in the current Australian Standard AS 4349.3 Inspections of Buildings. Part 3: Timber Pest Inspection Reports or state/territory legislation requirements beyond this Standard, where applicable.
- Timber Pests means one or more of the following wood destroying agents which attack timber in service and affect its structural properties:
- Chemical Delignification (Often noted as a building report item) – the breakdown of timber through chemical action.
- Fungal Decay – the microbiological degradation of timber caused by soft rot fungi and decay fungi, but does not include mould, which is a type of fungus that does not structurally damage wood.
- Wood Borers – wood destroying insects belonging to the order ‘Coleoptera’ which commonly attack seasoned timber.
- Termites – wood destroying insects belonging to the order ‘Isoptera’ which commonly attack seasoned timber. Tests means additional attention to the visual examination was given to those accessible areas which the Consultant’s experience has shown to be particularly susceptible to attack by Timber Pests.
Instrument testing of those areas and other visible accessible timbers/ materials/areas showing evidence of attack was performed. Instrument Testing means where appropriate the carrying out of Tests using the following techniques and instruments:
- electronic moisture detecting meter – an instrument used for assessing the moisture content of building elements;
- stethoscope – an instrument used to hear sounds made by termites within building elements;
- probing – a technique where timber and other materials/areas are penetrated with a sharp instrument (e.g. bradawl or pocket knife), but does not include probing of decorative timbers or finishes, or the drilling of timber and trees; and
- sounding – a technique where timber is tapped with a solid object.
ADDITIONAL LIMITATIONS (PEST INSPECTIONS)
The Customer acknowledges:
- The Report does not include the inspection and assessment of matters outside the scope of the requested inspection and report.
- The detection of drywood termites may be extremely difficult due to the small size of the colonies. No warranty of absence of these termites is given.
- European House Borer (Hylotrupes bajulus) attack is difficult to detect in the early stages of infestation as the galleries of boring larvae rarely break through the affected timber surface. No warranty of absence of these borers is given. Regular inspections including the carrying out of appropriate tests are required to help monitor susceptible timbers.
- This is not a structural damage report. Neither is this a warranty as to the absence of Timber Pest Attack.
- If the inspection is limited to any particular type(s) of timber pest (e.g. subterranean termites), then this would be the subject of a Special-Purpose Inspection Report, which is adequately specified.
- The Report does not cover or deal with environmental risk assessment or biological risks not associated with Timber Pests (e.g. toxic mould) or occupational, health or safety issues. Such advice may be the subject of a Special-Purpose Inspection Report which is adequately specified and must be undertaken by an appropriately qualified inspector. The choice of such inspector is a matter for the Client.
- Due to the risks associated with possible damaged caused, if the water or services in general to the home are turned off, this will NOT be turned on by the Consultant, turning on services could result in unforeseen damage to the property and as such arrangement should be made by the Customer to ensure services are active to the home prior to the inspection, should this not be possible, the inspector cannot report on related items and will request another inspection be carried out to inspect.
Categorization (Timber Pest):
Means the Customer has been made aware that there is a serious risk of timber pest activity or damage caused by timber pest, there are conducive elements (some unavoidable) and should make all efforts to engage licenced pest company to perform treatments in the above mentioned time or 6 months (whichever the lessor) to ensure the sighted risks do not elevate. Please note that all areas due to tight spaces and or obstructions cannot be inspected, therefore risk in those areas are considered high and the customer should make efforts to remove obstructions and arrange another inspection of those locations, inspections are visual only and do not permit inspectors from lifting, removing opening obstructions.
Means the Customer has been made aware that there is a serious risk of timber pest activity or damage caused by timber pest, there are conducive elements (some unavoidable) and should make all efforts to engage licenced pest company to perform treatments in the above mentioned time or 3 months (whichever the lessor) to ensure the sighted risks do not elevate. Please note that all areas due to tight spaces and or obstructions cannot be inspected, therefore risk in those areas are considered high and the customer should make efforts to remove obstructions and arrange another inspection of those locations, inspections are visual only and do not permit inspectors from lifting, removing opening obstructions.
Means the Customer has been made aware that there is a serious risk of timber pest activity or damage caused by timber pest, there are conducive elements (some unavoidable) and should make all efforts to engage licenced pest company to perform treatments in the above mentioned time or 1 month (whichever the lessor) to ensure the sighted risks can be addressed. Please note that all areas due to tight spaces and or obstructions cannot be inspected, therefore risk in those areas are considered high and the customer should make efforts to remove obstructions and arrange another inspection of those locations, inspections are visual only and do not permit inspectors from lifting, removing opening obstructions.
TIMBER PEST REPORT – RISK MANAGEMENT OPTIONS:
To help protect against financial loss, it is essential that the building owner immediately manage or rectify any evidence of destructive timber pest activity or damage identified in this Report. The Customer should further investigate any high risk area where access was not gained. It is strongly advised that appropriate steps be taken to remove, rectify or monitor any evidence of conditions conducive to timber pest attack. To help minimise the risk of any future loss, the Customer should consider whether the following options to further protect their investment against timber pest infestation are appropriate for their circumstances: Undertake thorough regular inspections at intervals not exceeding twelve months or more frequent inspections where the risk of timber pest attack is high or the building type is susceptible to attack. To further reduce the risk of subterranean termite attack, implement a management program in accordance with Australian Standard AS 3660. This may include the installation of a monitoring and/or baiting system, or chemical and/or physical barrier. However, AS 3660 stresses that subterranean termites can bridge or breach barrier systems and inspection zones and that thorough regular inspections of the building are necessary. If the Customer has any queries or concerns regarding this Report, or the Customer requires further information on a risk management program, please do not hesitate to contact the Company and/or the Consultant.
The Company or the Consultant shall not be responsible for failure to meet any obligation if the failure results directly or indirectly from a cause beyond its control.
The Customer indemnifies The Company or the Consultant for all expenses incurred in relation to the recovery of debts owed by the Customer and the Customer is personally liable for any and all debts and personally guarantees any and all debts.
To the extent permitted by law:-
- The Company or the Consultant will not be liable for any loss of profits or revenue, loss of business, wasted expenditure or any form of indirect or consequential loss arising out of or in connection with this Agreement, the supply of the services, the equipment or the sale of any goods.
- where a claim relates to a guarantee or warranty under the Australian Consumer Law, the Company or the Consultants total aggregate liability to the Customer under or in relation to this agreement (including in contract, negligence, tort or any common law or statutory right) is limited at the Company or the Consultants option to:
- in relation to claims relating to services, the resupply of the services or the costs of resupply of the service; or
- in relation to claims relating to goods, the resupply of the costs or the cost of re supply of the goods.
- in all other circumstances, the liability of the Company or the Consultant to the Customer (including in contract, negligence, tort or any common law or statutory right) under this agreement will not exceed the fees received by the Company or the Consultant from the Customer pursuant to this agreement.
No guarantee is made that emails are free of computer viruses or other defects. We suggest that any attachments and communications be scanned using appropriate virus detection software before use. We will accept no liability for any loss or damage which may result directly or indirectly from opening or using any such attachment. All e-mails are confidential. If you received them in error, please notify the author by making contact to the Company or the Consultant. Communications are strictly between the Company or the Consultant and the Customer, no content produced or discussed is to be shared in anyway unless both parties agree in writing. All parties agree to this. Once formal reports are provided and the full sum paid by the Customer, the Customer may share the formal report with the Selling Real-estate Agent, and or Settlement Lawyers, Bank or lender/s ONLY and to no other party as the content in the reports may contain private information, written consent is required in order to reproduce or share content.
WHEN SERVICES ARE RECOMMENDED:
WA Building and Pest Inspections brokers the negotiation between the supplier and the Customer of WA Building and Pest Inspections, disputes, negotiations, defects and delays if they arise is to be dealt with between the supplier and the Customer directly, WA Building and Pest Inspections will assist throughout the project however, WA Building and Pest inspections do not offer direct building services, WA Building and Pest Inspections indemnifies themselves against claims either such way between any parties, monies that are paid to WA Building and Pest Inspections may be passed on to the supplier/s, this DOES NOT make the service/s paid for the responsibility of WA Building and Pest Inspections.
Consultants both directly or indirectly engaged, do not necessarily all hold a registered builder practitioner licence number as they do not offer building services, nor is it a requirement of the WA Department of Energy for them to hold such licences, however are suitably qualified to perform the inspections.
The Company reserve the right to contract or sub contract work out to other companies in order to achieve deadlines or carry out works as requested by the Customer, the terms of trade outlined apply to those outsourced companies also.
“Not satisfied”, needs to be demonstrated by the customer to the inspector, how the report provided was inadequate in line with the requirements and purpose of the report and the terms of trade set out prior to performing the inspection (and agreed to by definition of a transaction or agreement as outlined), “timing, late supply or lack of communication” of the report does not constitute “not satisfied” in order to determine that a building report is “not satisfactory” the customer will need to demonstrate how the report does not comply with the AS4349.0 or AS4349.1 and/or AS4349.3, should the customer not be able to demonstrate as much, the refund will be refused.
In consideration of the money refunded (all or part of the money refunded to the Customer as agreed to by the Company), the Customer automatically and immediately releases and discharges the Company from all claims whatsoever, including but not limited to those in respect of, or in relation to, or in connection with the scope of works completed by the Company resulting in the Customer requesting a refund. Upon the above release taking effect, these Terms may be pleaded as a bar to any and all Claims the subject of the release, commenced or at any time to be commenced by the Customer against the Company.
SOCIAL MEDIA AND SEARCH ENGINS:
If refunded, the Customer must remove and refrain from publishing or distributing any content, including but not limited to information and/or commentary, opinion regarding the Company or services rendered. Not doing so may result in defamation action taken against the Customer. A refund will deem works completed null and void, and therefore, the Customer acknowledges and accepts that they will not negatively remark or brand, or defame the Company, Company employees, sub contractors, staff, sub brands, holding companies, directors, partners, insurers and sole trader/s or similar. Costs and damages will be sought if defamed.
The Customer is required to pay for the services in full prior to receiving then formal report as services have been completed, once payment is made and received into by the Company, the report may be sent to the Customer.
At no time is a Customer on an account basis unless a written agreement is entered into.
The Customer acknowledges that late payments attract administration fees, this to the total $27.00 + GST per phone call, text, or email chasing payment, should no action be taken to recover funds by the Company, a $50.00 + GST late fee will apply to the Customer.
Failing to pay for the invoice, the Customer acknowledges that the Customer is personally liable and personally guarantees the debt against personal assets, including but not limited to the Customer’s property.
Legal fees relating to recoveries are payable by the Customer in full.
If there is a disagreement or claim related to works completed by the Company, the Customer must notify the Company in writing. The Customer must grant the Company access to the property so that the Consultant and/or Company can thoroughly investigate the complaint, including the potential attendance of other qualified professionals as selected by the Company. Access must be provided within twenty-eight (28) days of receipt of notification of the complaint. Within (28) days of the date of the inspection, the Company will provide a written response to the Customer as to the disagreement or claim.
If the Customer is not satisfied with the response, the Customer must refer the case to a mediator chosen by us from the Institute of Arbitrators and Mediators of Australia within twenty-one (21) days of receiving the written response. Both parties shall split the expense of the mediator equally, unless otherwise specified in the mediated agreement.
If mediation fails to resolve the conflict or claim, arbitration will be used to settle it. An arbitrator will be chosen by the Institute of Arbitrators and Mediators of Australia to hear the case and reach a decision. The arbitration shall proceed as follows, subject to any instructions from the arbitrator:
(a) Within twenty-one (21) days of the arbitrator’s appointment, the parties shall provide the arbitrator with all written arguments and supporting documentation;
(b) After the Arbitrator receives the written submissions, the arbitration will be convened within (21) days.
Within twenty-one (21) days of the arbitration’s conclusion, the arbitrator will decide on the dispute or claim. The Arbitrator may decide as part of his decision what expenses, if any, each party is required to pay as well as when those costs must be paid to the parties.
The Arbitrator’s decision is final and enforceable against both parties. If the arbitrator does not specify a deadline for payment and orders one party to pay the other party any settlement money or expenses, the payment must be made within twenty-one (21) days after the arbitrator’s order.
In the event that the Customer commences litigation without complying fully with the above complaints procedure, the Customer agrees to fully indemnify the Company against any awards, costs, legal fees and expenses incurred by the Company in having litigation vacated or adjourned to permit the foregoing complaints procedure to be completed.
The Customer’s acceptance of these terms may be confirmed either by signing this document, confirming its acceptance by email, text message, payment of any amount or allowing the Company or the Consultant to perform the Service.