Welcome to ABC Construction PTY LTD ("we", "our", "us"). These Terms and Conditions constitute a Standard Form of Agreement pursuant to the Competition and Consumer Act 2010. We, the supplier, will provide services to the customer ("You" or "Your") on the terms set out below (the "Agreement"). Any undefined terms in this Agreement have the same meaning as provided in the Competition and Consumer Act 2010. Unless specified, these Terms and Conditions apply to all services provided by us.
1. Service Description
We provide a range of services for residential and commercial construction, including design, construction, and installation of custom building solutions and related services. You must not engage another service provider for any of the services provided under this Agreement without our express written consent after work has commenced. Where there is any conflict or inconsistency between these Terms and Conditions and the terms specific to certain services, the latter shall prevail to the extent of the inconsistency. Our services are available in specified areas as listed on our website.
2. Intellectual Property
All content, branding, design, text, graphics, and other materials on this Site are owned by or licensed to us. You may not reproduce, copy, or exploit any content without prior written consent.
3. Billing, Charges & Payments
Charges for services are determined according to the quote provided or by your acceptance of our services through the online application process or as otherwise agreed. You must pay all invoiced amounts by the due date stated on the invoice. If you have nominated automatic payment, your credit card will be charged on the due date. Charges not included in your monthly invoice may appear in subsequent invoices due to processing procedures. Overdue accounts will incur a late fee, and we may charge interest at a rate of 0.1% per day for any overdue amounts. If a payment is delayed for more than one month, a fee of $200 will apply in addition to the late fee. Discounts included in your quote are contingent on timely payments; any late payment will result in the immediate cancellation of any discounts. Please note that the deposit for our services is non-refundable should you decide to cancel. In case of default under this Agreement, we may disclose personal information related to debt recovery. Personal details may include your name, address, and other identifying information.
4. GST
Unless explicitly stated otherwise, all charges under this Agreement include Goods and Services Tax (GST).
5. Amendments to the Terms & Conditions
If we make changes to these Terms and Conditions that we reasonably believe could negatively impact you, we will notify you at least 30 days in advance. Any alterations to these terms during the fixed term of your Agreement will not apply. The terms applicable are those published on our website at the time you entered into the Agreement.
6. Privacy
We adhere to the Privacy Act in the collection, use, and disclosure of your personal information.
7. Limitation of Liability
WTo the maximum extent permitted by law, we will not be liable for any loss, damage, or expense arising from any failure or delay in providing our services, whether in contract, tort, negligence, or otherwise. We accept liability for rights conferred by the Trade Practices Act 1974 and similar legislation. Otherwise, we limit our liability to either providing the services again or paying the cost of the services being reinstated. You agree to indemnify us from any claims, losses, or damages arising from your breach of this Agreement or from any acts of negligence, fraud, or wilful misconduct.
8. Term, Suspension, and Termination
This Agreement becomes effective upon your acceptance, either by providing consent or paying a deposit. It remains in force until the obligations are completed, unless terminated earlier. We may terminate this Agreement if you breach any terms, if insolvency procedures are initiated against you, or in the event of your death. We may suspend services without notice in the event of a breach, failure to pay, or other circumstances including our inability to continue service. You remain liable for all payments during any suspension of services.
9. Force Majeure
We are not liable for any delay or failure to perform services due to events beyond our control, including natural disasters, supplier failures, or other uncontrollable circumstances.
10. Assignment
We reserve the right to assign the benefits of this Agreement to another party, including a third-party provider. In such cases, the new provider will deal directly with you regarding the services under this Agreement. You agree to obtain and maintain all necessary permits, licences, and approvals at your own expense for any work performed under this Agreement.
11. Notices
Any notices, demands, or communications required under this Agreement must be delivered personally, via email, prepaid mail, or SMS to the addresses provided by the parties.
12. Disputed Amounts
If you dispute any invoice, you agree to pay the full amount shown on the invoice, and we will refund any overcharges after investigation. Disputes must be raised within 3 days of the invoice date; otherwise, charges will be deemed correct and payable.
13. External Links
Our Site may contain links to third-party websites. We are not responsible for the content or practices of those sites. Use them at your own risk.
14. Governing Law
These Terms are governed by the laws of Victoria State, Australia, and you consent to the exclusive jurisdiction of its courts.