Toowoomba Surveys Pty Ltd
ABN: 86689734263
Updated: August 2025
1. Introduction & Acceptance
These Standard Terms and Conditions form the entire agreement between Toowoomba Surveys Pty Ltd (“Consultant”) and its client (“Client”) for the provision of surveying services. Acceptance occurs via signed agreement, email confirmation, or the Client instructing the Consultant to proceed.
2. Governing Law & Jurisdiction
This agreement is governed by the laws of Queensland, the Northern Territory, and the Commonwealth of Australia. Both parties submit to the non-exclusive jurisdiction of the courts of those jurisdictions.
3. Scope of Works & Instructions
The Consultant will provide services as defined in the agreed Scope of Works. The Client must ensure that instructions are clear, timely, and complete. Additional work outside the agreed scope may be charged at standard hourly rates.
4. Authority to Act & Director Liability
If instructions are issued by multiple parties, they are jointly and severally liable. Where the Client is a company, the Consultant may request personal guarantees from directors. Directors shall not be personally liable for work completed unless acting outside the scope of authority or by willful misconduct.
5. Estimates, Quotations & Cost Changes
Quotes are based on available information. If project scope, site access, legislation, or timeframes change, the Consultant reserves the right to issue a revised quote. Verbal approvals may be documented in Daily Work Sheets or site records.
6. Fees, GST & Disbursements
All fees are exclusive of GST unless otherwise stated. Disbursements (e.g., travel, permits) are charged at cost plus 10%. GST applies under the A New Tax System (Goods and Services Tax) Act 1999.
7. Advance Payment Requirements
The Consultant may require up to 50% of the estimated fee before commencing work. Work will not commence until this payment is received.
8. Payment Terms & Overdue Accounts
Invoices are payable within 14 days. Late payments attract interest at the NAB 30-Day Bank Bill Rate plus 5%, compounded monthly. Continued non-payment may result in service termination.
9. Credit Card Fees
Payments made by credit card will incur a surcharge of 1.5% to cover processing fees.
10. Statutory Authority Costs
If costs are incurred due to compliance with statutory or regulatory bodies (e.g., land titles, environmental authorities), these will be passed on to the Client, even if not foreseen at commencement.
11. Project Site Access & WHS Obligations
The Client must provide safe, unrestricted access and required inductions. The Consultant will comply with all relevant WHS, environmental and safety laws.
12. Hours of Work & After-Hours Services
Standard work hours are Monday to Friday, 6:00 am to 6:00 pm. Services outside of these hours may attract a loading of 50% and/or a 4-hour minimum call-out.
13. Subcontracting & Client-Supervised Work
The Consultant may use subcontractors. If personnel work under the Client’s procedures or systems, the Consultant is not liable for resulting errors or omissions.
14. Assignment of Staff & Non-Solicitation
Clients must not solicit or hire Consultant staff during or within 12 months after the contract period. Breach of this condition incurs a penalty of 50% of the staff member’s annual remuneration.
15. Intellectual Property & Licensing
The Consultant retains copyright on all work until full payment is received. Upon payment, the Client receives a non-exclusive license to use deliverables for the project only.
16. Confidentiality & Privacy Compliance
Both parties will maintain confidentiality of all project information. The Consultant complies with the Privacy Act 1988 (Cth).
17. File Retention & Destruction
Project files are retained for seven (7) years post-completion unless agreed otherwise. Files may be destroyed after this time or earlier with notice.
18. Safety, Induction & PPE
All Consultant personnel will complete site inductions and wear appropriate PPE. The Client must ensure compliance with safety regulations and provide required access information.
19. Indemnity & Limitation of Liability
The Consultant’s liability is limited to the value of services or amount recoverable under insurance. The Consultant is not liable for indirect or consequential loss.
20. Insurance Coverage
The Consultant maintains Professional Indemnity, Public Liability, Workers Compensation, and Motor Vehicle insurance. Certificates of currency available on request.
21. Force Majeure Events
The Consultant is not liable for delays caused by events outside of their control, including natural disasters, pandemics, war, cyber-attacks, and industrial action.
22. Termination of Services
Either party may terminate with 60 days’ written notice or immediately for breach, insolvency, illegal conduct, or failure to cooperate. The Client must pay for services up to termination.
23. Independent Legal Advice
The Client is encouraged to seek independent legal advice before accepting these Terms.
24. Dispute Resolution Process
Disputes will first be resolved via negotiation between senior representatives. If unresolved, parties will proceed to mediation. A mediator will be appointed by the Surveyors Board if necessary.
25. Entire Agreement & Variation
These Terms and any written Scope of Works form the entire agreement. Variations must be in writing and signed by both parties.
26. Disclaimer of Responsibility
The Consultant is not responsible for delays or costs resulting from unforeseen issues, client delays, missing information, or third-party failures.
27. Protection of Directors & Officers
Directors, employees, and officers of the Consultant are indemnified and held harmless except in cases of fraud or willful misconduct. This clause ensures no personal liability arises from performing work on behalf of the company.
4A. Director Guarantee for Company Clients
Where the Client is a company or incorporated entity, Toowoomba Surveys Pty Ltd reserves the right to require one or more directors of the Client company to execute a Director’s Guarantee and Indemnity. This guarantee will hold the director(s) jointly and severally liable for all amounts payable by the Client under this agreement.
22A. Termination Due to Non-Communication
Toowoomba Surveys Pty Ltd may terminate this agreement without further notice if the Client fails to respond to written or verbal communication requests within 14 calendar days, or otherwise fails to provide timely and reasonable instructions necessary for the completion of the services.
11A. Site Access, Standby Fees & Access Delays
If site access is restricted, delayed, or unsafe upon arrival of Consultant personnel, Toowoomba Surveys Pty Ltd reserves the right to charge standby fees at the applicable hourly rate. The Client is responsible for ensuring that the site is accessible, safe, and ready for work. Rescheduling or delay caused by poor access, weather, or other obstructions will be billed accordingly.