Effective date: November 2025
Business name: PlumbIQ Pty Ltd

1.1 These Terms of Service govern all services provided by PlumbIQ (“PlumbIQ”, “we”, “us”, “our”) to any client, customer, business, contractor, representative or other person engaging us (“Client”, “you”, “your”).

1.2 These Terms apply to:
a. all quotations, proposals, scopes of work, reports, service packages, bookings, website orders, invoices and engagements issued by us;
b. all services supplied by us, whether once-off, staged, project-based, recurring or retainer-based; and
c. any engagement accepted electronically, in writing, verbally, by payment of a deposit or invoice, by booking through our website, or by instructing us to commence work.

1.3 If there is any inconsistency between these Terms and a signed proposal, quotation, statement of work or service agreement, the signed proposal, quotation, statement of work or service agreement prevails to the extent of the inconsistency.

1.4 By engaging us, accepting a quote, paying an invoice, confirming a booking, or instructing us to begin work, you agree to be bound by these Terms.

1.5 These Terms are intended to comply with applicable Australian law. Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified, including rights under the Australian Consumer Law. 

2.1 PlumbIQ provides advisory, consulting, review, reporting, training and support services including, without limitation:
a. plumbing compliance reviews;
b. documentation and systems reviews;
c. OHS, risk, process and business systems reviews;
d. staff onboarding and performance process reviews;
e. toolbox meeting support and compliance process guidance;
f. field documentation and workflow reviews;
g. third-party reporting and expert observations;
h. attendance at meetings, inspections or dispute-related matters in an advisory or support capacity;
i. report preparation, recommendations, action plans and improvement guidance; and
j. ongoing support packages and retainer services.

2.2 Unless expressly stated in writing, our services are:
a. advisory and consultative only;
b. based on the information, documents, access and instructions provided to us; and
c. limited to the specific scope set out in the relevant quote, proposal, booking, service package or written confirmation.

2.3 Unless expressly agreed in writing, we do not:
a. carry out plumbing work, rectification work or certification work;
b. act as the statutory regulator;
c. issue building permits, occupancy permits, compliance certificates, plumbing compliance certificates or legal determinations;
d. provide legal advice, financial advice, tax advice, engineering certification or insurance advice; or
e. warrant that a regulator, court, insurer, builder, authority or third party will accept our report, view, recommendation or opinion.

2.4 Any timeframe stated by us is an estimate only unless expressly stated to be binding.

3.1 Our services are limited strictly to the agreed scope.

3.2 We are entitled to rely on documents, records, photos, videos, software entries, job files, statements, representations, access and information supplied by you or on your behalf.

3.3 We are not responsible for any loss, error, omission, adverse finding, delay or incorrect conclusion arising from:
a. inaccurate, incomplete, misleading or outdated information supplied by you or a third party;
b. concealed, inaccessible, altered, damaged or unavailable works, records or conditions;
c. later changes to the site, system, documentation or works after our review; or
d. your failure to implement our recommendations.

3.4 Our review is based on the condition of the materials, records, sites, works or information made available to us at the time of the engagement only.

3.5 Unless expressly included in writing, our services do not include exhaustive investigation, destructive testing, hidden condition assessment, engineering analysis, legal interpretation, code certification, or continuous site monitoring.

4.1 You acknowledge and agree that:
a. compliance obligations can change over time;
b. regulatory interpretation can differ between authorities, inspectors, councils, insurers, tribunals and courts;
c. our services reduce risk but do not eliminate risk; and
d. no review, report, advisory service or recommendation can guarantee that you, your staff, your contractors, your works, your systems or your documentation will be free from defects, breaches, notices, penalties, claims, disputes, investigations or prosecution.

4.2 We do not warrant or guarantee:
a. that your business is or will remain compliant;
b. that a regulator or third party will agree with our findings;
c. that future works will pass inspection;
d. that any report will prevent disputes, fines, defects, licence issues, claims or legal proceedings; or
e. that your revenue, profitability, workflow or staffing outcomes will improve.

5.1 You must:
a. provide timely, full and accurate instructions, records and information;
b. provide safe, legal and practical access to any site, premises, vehicles, equipment, records or personnel relevant to the engagement;
c. ensure any site is reasonably safe for attendance;
d. promptly disclose any known complaints, notices, disputes, defect claims, regulatory action, prior reports, rectification history and relevant communications;
e. obtain all consents, approvals and permissions necessary for us to inspect, review, attend, photograph, document or discuss the relevant matters;
f. ensure your personnel cooperate reasonably with us; and
g. carefully review all reports and recommendations provided by us.

5.2 You are solely responsible for:
a. your business operations;
b. your legal compliance obligations;
c. decisions made by your directors, officers, managers, employees or contractors;
d. whether to implement any recommendation made by us; and
e. obtaining legal, engineering, insurance, accounting, tax or other specialist advice where required.

6.1 Fees are as set out in our quote, proposal, package, booking confirmation or invoice.

6.2 Unless otherwise agreed in writing:
a. all amounts are in Australian dollars;
b. GST is payable in addition where applicable;
c. a deposit may be required before work begins;
d. milestone or progress payments may apply; and
e. final payment is due in full by the due date stated on the invoice.

6.3 If no due date is stated, invoices are payable within 7 days of issue.

6.4 We may suspend work, withhold reports, delay attendance, refuse further services or terminate the engagement if payment is overdue.

6.5 You must pay all invoices without set-off, deduction, withholding or counterclaim unless required by law.

6.6 We may charge:
a. reasonable travel time and travel costs;
b. accommodation and disbursements where required;
c. additional fees for urgent work, after-hours work, reattendance, expanded scope, additional document review, re-issuing reports, or work caused by delay or change; and
d. debt recovery costs, collection agency fees, legal costs and administrative costs incurred in recovering overdue amounts.

6.7 business.gov.au states payment terms form part of a sales contract and should set out when and how payment is required. 

7.1 Any deposit paid is non-refundable to the extent permitted by law where:
a. we have reserved time, resources or personnel;
b. preparatory work has been undertaken;
c. the cancellation occurs within a short notice period; or
d. costs have already been incurred.

7.2 If you cancel or postpone an attendance, booking or service:
a. more than 5 business days before the scheduled date — we may retain any non-recoverable costs already incurred;
b. 2 to 5 business days before the scheduled date — we may charge up to 50% of the scheduled fee;
c. less than 2 business days before the scheduled date, or if access is unavailable on arrival — we may charge up to 100% of the scheduled fee plus costs incurred.

7.3 If we are unable to perform due to causes outside our reasonable control, we may reschedule the service.

8.1 Any work outside the agreed scope is a variation.

8.2 We may issue a revised quote or charge additional fees for variations, including where:
a. extra documents, sites, vehicles, staff or jobs are added;
b. additional meetings or attendances are requested;
c. further investigation is required;
d. hidden issues emerge;
e. urgent turnaround is requested; or
f. the engagement becomes more complex than originally represented.

8.3 We are not obliged to perform any variation until it is approved by you in writing or verbally and confirmed by email, or until you otherwise instruct us to proceed.

9.1 Any report, summary, checklist, recommendation, opinion, action plan, template, training material, risk note, attendance note or other deliverable provided by us (“Deliverable”):
a. is prepared only for the purpose and scope for which it was commissioned;
b. is based on the information available at the time;
c. must be read as a whole; and
d. must not be selectively quoted, altered, edited or used out of context.

9.2 Unless expressly agreed in writing, a Deliverable is prepared solely for the named Client and not for any third party.

9.3 No third party may rely on any Deliverable without our prior written consent.

9.4 If you provide a Deliverable to a third party without our consent, you do so at your own risk and must ensure it is provided in full and without alteration.

9.5 We may refuse to re-issue, amend or address any Deliverable to a third party unless separately agreed.

9.6 Draft documents are confidential, incomplete and must not be relied upon.

10.1 We retain all intellectual property rights in:
a. our methodologies;
b. templates;
c. systems;
d. checklists;
e. report formats;
f. training materials;
g. recommendations framework;
h. website content; and
i. all other materials developed by us, whether before or during the engagement.

10.2 Subject to full payment of all fees owing, we grant you a non-exclusive, non-transferable, revocable licence to use the final Deliverables for your internal business purposes only.

10.3 You must not, without our prior written consent:
a. reproduce, publish, sell, license, distribute or commercialise our materials;
b. remove our branding or authorship from our materials;
c. adapt our materials for resale; or
d. allow third parties to use our materials except for your internal business needs.

10.4 We may use know-how, experience, skills and general methods developed during the engagement for our business, provided we do not disclose your confidential information.

11.1 Each party must keep confidential all confidential information of the other party.

11.2 Confidential information includes all non-public commercial, financial, operational, technical, client, personnel, pricing, process, report and business information disclosed in connection with the engagement.

11.3 A party may disclose confidential information:
a. to its professional advisers, insurers, contractors or employees on a need-to-know basis;
b. where required by law, court order, regulator or compulsory process; or
c. with the other party’s consent.

11.4 We may retain copies of engagement records, communications and Deliverables for legal, insurance, administrative, quality assurance and record-keeping purposes.

12.1 We may collect, hold, use and disclose personal information for the purpose of:
a. providing services;
b. communicating with you;
c. managing bookings and invoices;
d. conducting internal administration;
e. complying with legal obligations; and
f. protecting our legal rights.

12.2 You warrant that where you provide personal information about any employee, contractor or third party to us, you have authority to do so.

12.3 If we are subject to the Privacy Act 1988 (Cth), we will handle personal information in accordance with our Privacy Policy and applicable law. The OAIC states that organisations with annual turnover above $3 million, and some smaller businesses, are covered by the Privacy Act; many small businesses are exempt, but not all. 

12.4 You should also publish a separate Privacy Policy on your website if you collect enquiries, form submissions, bookings or contact details.

13.1 By using our website, making an enquiry, submitting a form, booking a service, downloading material or accepting terms electronically, you agree that electronic communications and records may satisfy legal communication requirements where permitted by law.

13.2 Australia’s Electronic Transactions Act 1999 supports the legal effectiveness of certain electronic communications and transactions. 

13.3 You must not:
a. misuse our website;
b. attempt unauthorised access;
c. upload malicious code;
d. copy website content without permission; or
e. use our website for unlawful, misleading or harmful purposes.

13.4 Website content is general information only and is not a substitute for tailored professional advice.

14.1 We may refer to legislation, codes, standards, industry guidance, regulator materials, software records, manufacturer information or third-party documents.

14.2 Unless expressly stated otherwise, we do not warrant the accuracy, currency or completeness of third-party materials.

14.3 You acknowledge that any final decision made by a regulator, court, insurer, principal, builder, owner or third party is outside our control.

15.1 To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with any engagement, whether in contract, tort, negligence, statute, equity or otherwise, is limited to the lesser of:
a. the total fees actually paid by you to us for the specific service giving rise to the claim; or
b. AUD $10,000.

15.2 To the maximum extent permitted by law, we are not liable for any:
a. indirect loss;
b. consequential loss;
c. loss of profit;
d. loss of revenue;
e. loss of opportunity;
f. loss of business;
g. loss of contract;
h. loss of goodwill;
i. loss of data;
j. regulatory fines or penalties;
k. legal costs incurred by you; or
l. damage arising from third-party claims.

15.3 We are not liable for any loss arising from:
a. your failure to follow advice or recommendations;
b. work performed by others;
c. inaccurate information provided by you or others;
d. changes in law, standards, regulatory approach or site conditions after our service;
e. hidden defects or non-visible conditions; or
f. use of our Deliverables outside the agreed scope or by a third party.

15.4 Where liability cannot be excluded but can be limited, our liability is limited to the maximum extent permitted by law.

15.5 Nothing in these Terms excludes rights that cannot lawfully be excluded, including applicable consumer guarantees under the Australian Consumer Law. The ACCC explains that services supplied to consumers come with guarantees such as due care and skill, fitness for disclosed purpose, and supply within a reasonable time where no time is set. 

Important note: liability caps and broad indemnities in standard-form contracts must be drafted carefully because unfair contract terms can be void under Australian law. 

16.1 To the maximum extent permitted by law, you indemnify and hold us harmless against any loss, liability, cost, claim, demand, damage or expense arising from:
a. your breach of these Terms;
b. your unlawful act or omission;
c. inaccurate or misleading information provided by you;
d. your use or disclosure of a Deliverable outside the agreed purpose;
e. any claim by a third party arising from your business operations, works, conduct, systems or documentation; or
f. your failure to obtain necessary consents, permissions or authority for our attendance or review.

16.2 This clause does not apply to the extent the loss was caused by our fraud, wilful misconduct, or liability that cannot lawfully be excluded.

17.1 You are responsible for maintaining your own appropriate insurance, including public liability, professional indemnity, workers compensation, motor vehicle, business insurance and any industry-specific cover you require.

17.2 Our fees do not include assuming or underwriting your commercial, legal or regulatory risk.

18.1 We may suspend or terminate an engagement immediately by written notice if:
a. you fail to pay an invoice on time;
b. you breach these Terms;
c. you provide misleading or incomplete information;
d. you behave in an abusive, unsafe, threatening or unlawful manner;
e. a conflict, safety concern or reputational risk arises; or
f. continuing the engagement would expose us to unreasonable risk.

18.2 You may terminate an engagement by written notice, but you remain liable for:
a. all work performed up to the termination date;
b. all booked time and committed resources;
c. all non-recoverable costs incurred; and
d. any applicable cancellation charges under these Terms.

18.3 On termination, all accrued rights survive, including rights relating to payment, confidentiality, intellectual property, indemnity and liability.

19.1 We are not liable for delay, failure or inability to perform caused by events beyond our reasonable control, including severe weather, access restrictions, illness, accident, internet outages, industrial action, government action, site closure, emergency events, transport interruption or acts of God.

20.1 If you believe there is an issue with our service, you must notify us in writing within 7 days of becoming aware of the issue and provide full details.

20.2 You must allow us a reasonable opportunity to review the concern and, where appropriate, address or re-perform the affected component of the service.

20.3 This clause does not limit any non-excludable consumer rights you may have under law. The ACCC notes that where a service issue is minor, the supplier generally has an opportunity to fix it within a reasonable time. 

21.1 During the engagement and for 12 months after it ends, you must not knowingly solicit for employment or engagement any of our employees or contractors directly involved in providing services to you, unless we agree otherwise in writing.

21.2 This clause does not prevent general recruitment advertising not specifically targeted at our personnel.

22.1 Unless you notify us in writing that you do not consent, we may identify you by business name as a client in our credentials, website, capability statements or marketing material.

22.2 We will not disclose confidential project details without your consent, except where already public or required by law.

Note: because you mentioned NDAs previously, you may prefer to reverse this and say you will not name any client without written consent.

23.1 A party claiming a dispute must first give written notice setting out the nature of the dispute.

23.2 The parties must use reasonable efforts to resolve the dispute by good faith discussion within 14 days.

23.3 If the dispute is not resolved, either party may refer the matter to mediation before commencing court proceedings, except where urgent interlocutory relief is required or debt recovery action is being taken.

24.1 These Terms are governed by the laws of Victoria, Australia.

24.2 The parties submit to the non-exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from them.

25.1 We may update these Terms from time to time. Updated Terms apply to future engagements and, where permitted, to ongoing engagements from the date published or notified.

25.2 If any provision is held to be invalid, void or unenforceable, that provision is severed and the remainder continues in full force.

25.3 A waiver is only effective if in writing.

25.4 You may not assign or transfer your rights without our prior written consent.

25.5 We may subcontract part of the services while remaining responsible for the contracted scope unless otherwise agreed.

25.6 These Terms, together with any accepted quote, proposal or scope, form the entire agreement between the parties in relation to the services.