EcoResults Consultancy Terms and Conditions
ACL means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of the Fair Trading Act 1999 (Vic) as amended or replaced from time to time;
Consumer Guarantee has the meaning given to it in the ACL;
DBP Act means the Design and Building Practitioners Act 2020 (NSW);
Fees means the fees set out in the Proposal and/or such other fees as agreed in writing between You and Us;
GST has the meaning given to it in A New Tax System (Goods and Services Tax) Act 1999 (Cth);
Loss means all actions, claims, costs (including legal costs on a solicitor/own client basis), damages, expenses, interest, liabilities and losses (whether direct, indirect, special, consequential or otherwise);
Proposal means any quotation, proposal, fee proposal or scope of work document that we provide to you which outlines the services and/or work that we offer to perform for you and our fees;
Representatives means your officers, employees, agents, contractors and subcontractors;
Services means the services and/or work we agree to perform for you, as set out in the Proposal;
Us, We, Our means Eco Results Pty Ltd ABN 65 143 114 443; and
You or Your means the party receiving our Services as specified in the Proposal.
- We agree to provide the Services to You pursuant to the Proposal and these Terms.
- You will be deemed to have accepted and to be bound by these Terms and the Proposal if You sign and return a copy of this Proposal to Us, or if You instruct Us (in writing or verbally) to commence the Services after you receive the Proposal.
- Our ability to perform the Services is dependent on Your compliance with the terms of the Proposal, including without limitation clause 3.
- You agree that the provision of out of scope services may attract additional Fees, the details of which are to be agreed by both parties in writing.
- Please note the thermal performance services we provide are not classified as ‘building work’, and do not involve us preparing or providing ‘regulated designs’, under the DBP Act. Requests for any form of compliance declaration required under the Act should be directed to the appropriate building or design practitioner. Whilst our services provide registered building certifiers with the information they may require in order to provide compliance certificates (particularly in respect of whether regulatory thermal performance requirements will be met), registered building certifiers are solely responsible for issuing such compliance certificates.
3. Your Responsibilities
- You must:
- at Our request, provide timely directions, instructions and information to Us to enable Us to provide the Services;
- promptly provide Us with all documentation, resources, licences, permissions and other things We reasonably require from You in order to perform the Services; and
- ensure that all information and documentation You provide to Us is accurate, complete and up to date.
- You acknowledge and agree that We may rely upon the information and documentation You provide to Us in order to ensure We can provide the Services to You
- You must pay Us the Fees for any Services We perform at the times and in the manner set out in the Proposal. We apply GST on top of our fees as outlined in the Proposal.
- If You fail to make the required payment as set out in the Proposal within 28 days of the due date for payment, then:
- We may suspend all or any part of the Services without any liability to You until full payment is made;
- We may charge You interest on the unpaid amount at 8% per annum; and
- You must reimburse Us for any reasonable expenses We incur in relation to the collection of unpaid debts owed by You to Us.
- You acknowledge and agree that We may receive a commission or referral fee when We refer You to third party service providers. You also acknowledge and agree that We may pay a commission or provide a referral fee to third parties who refer clients or work to Us.
5. Third Party Information
- In the course of providing the Services, We may provide information to You that has been provided to Us by a third party (Third Party Information).
- You acknowledge and agree that, to the fullest extent permitted by law:
- You are responsible for satisfying Yourself as to the suitability of any Third Party Information or third party; and
- We shall not be liable for any untrue statements or misrepresentations made by a third party or for the accuracy or completeness of Third Party Information.
6. Limitation of Liability
- Subject to clause 5.2, to the extent permitted by law, We exclude any and all liability in connection with Our performance of the Services including in respect of all conditions, warranties and implied terms, whether statutory or otherwise, legal costs and disbursements and any indirect or consequential loss, expense, cost or damage, including without limitation, any loss of profits, revenue, use, expectation or opportunity, wasted expenditure, lost production or similar loss.
- The ACL provides consumers (as that term is used in the ACL) with a number of Consumer Guarantees that cannot be excluded or limited. The limitations of liability set out in the Agreement are therefore subject to, and will not apply to the extent that they limit or exclude, such Consumer Guarantees applicable to consumers. Where the ACL permits Us to limit the remedies available to You for a breach of a Consumer Guarantee by Us, We limit the remedies available to You to supplying the Services again or paying the cost of having the Services supplied again.
- You acknowledge and agree that Our ability to provide the Services will depend on the quality and detail of Your instructions and the accuracy and correctness of all information that You provide to Us. Whilst We use all reasonable endeavours to provide the Services in accordance with such instructions, We will not be liable for any failure of the Services to meet Your specific requirements unless We are specifically informed of those requirements and agree in the Proposal to provide Our Services specifically with reference to those requirements.
7. Intellectual Property
- Any intellectual property rights that We create, in connection with the provision of the Services will vest in Us.
- We will continue to hold all right, title and interest in any intellectual property rights that We owned or used prior to the date of the Proposal or which We develop independently of the Services.
- We agree to grant or procure the granting to You of a non-exclusive, royalty-free licence to use such intellectual property rights owned or used by Us for the sole purpose of enjoying the benefit of our Services. For the avoidance of doubt, such a licence will not extend to any internal documents, materials or data we create, including without limitation any digital models.
- We may cease performing the Services immediately by notice in writing to You if:
- You do not pay Our Fees by their due date; or
- You do anything or fail to do anything which in Our reasonable opinion materially inhibits Our ability to perform the Services.
- You must pay Us, within seven (7) days of the termination of the Proposal, all Fees owing in connection with Services rendered by Us up to and including the date of termination.
- You may terminate Our engagement by notice in writing to Us if we are in breach of these Terms, in which case We will provide you with a report outlining the results of all Services performed up to the termination date and You agree to pay Us for all Services performed up to the date of termination.
- These Terms are governed by the laws of Victoria. Each party agrees to submit to the non-exclusive jurisdiction of the courts of that State and courts entitled to hear appeals from those Courts.
- Nothing in these Terms constitutes a partnership, joint venture, agency or other form of fiduciary relationship.
- Neither party has the power to bind any other party except as authorised by these Terms.
- If a provision in the Proposal is wholly or partly void, illegal or unenforceable in any relevant jurisdiction that provision or part must, to that extent, be treated as deleted from the Proposal for the purposes of that jurisdiction. This does not affect the validity or enforceability of the remainder of the provision or any other provision of these Terms.