Terms of Business
The following sets out the Terms of Business of Safety Action Pty Ltd ABN 88 097 510 391 for providing services:
The appointment of Safety Action Pty Ltd (Safety Action) by an organisation or individual (“the Client”) to provide services to it shall be confirmed in writing, and such appointment shall be deemed an acceptance of these terms of business. The existence of Client terms of business will not invalidate these terms of business.
We will ensure all services provided are of a professional standard and conducted by appropriately qualified and experienced personnel.
CONFIDENTIALITY OF CLIENT INFORMATION: Safety Action will ensure that all personal details and commercially sensitive client information, including verbal advice, reports, working notes, manuals, and electronic records (“Client Information”), are treated as confidential and kept secure, and no information will be passed onto any other party without your (Client) written permission, unless required by law.
INTELLECTUAL PROPERTY: The Client is given permission to use and internally circulate all material prepared for the Client by Safety Action. Digital copies of training material will not be provided unless part of the contract. The intellectual property rights held in our materials, namely in; training materials, drawings, reports, specifications, and calculations provided to the Client, remain the property of Safety Action.
The obligations in respect of points 3 and 4 above will continue after completion or termination of the assignment.
PAYMENT TERMS. If the client requires a purchase order (PO) or supplier / procurement registration this must be declared and finalised prior to commencement of the work and not cause delay of payment of agreed fees. Unless agreed differently and specified in the accompanying proposal payment terms are strictly ten (10) business days from the invoice date. Safety Action will be entitled to simple interest on a daily basis for any overdue fees, per the Penalty Interest Rates Act 1983 (Vic) eg 10% per annum, as of February 2017. Payment may be made by credit card for an additional fee to cover the credit card facility, which is currently 2%. Training fees are to be paid prior to delivery of training.
Safety Action shall, upon written request, return to the Client all copies of any Client Information in its possession, and may dispose of any working documents, reports, and records at the completion of the project, unless document retention is specified in this contract.
Either party may request a change to the services, but no change will be effective unless agreed by both parties in writing.
Unless otherwise stated in the proposal, all fees are exclusive of; printing of manuals or training materials, travel and associated costs and any other out-of-pocket expenses relating to the services. Expenses will be charged at cost.
Where projects extend over more than one calendar month, Safety Action is entitled to progress payments eg invoice and receive payment for work completed monthly in arrears. Progress payments will not exceed the total agreed fee.
Fees are exclusive of any form of taxes (e.g. GST), duties, charges and other governmental impositions.
The liability for Safety Action Pty Ltd arising from this project, from whatever cause(s), is limited to claims lodged within one year of completion of this project and is limited to a maximum of ten (10) times the fees charged up to the extent of available insurance, which is currently $20m for Public Liability and $10m for Professional Indemnity. If higher levels of insurance are desired by the client, additional fees may apply. A certificate of insurance will be provided upon request. The Professional Indemnity Insurance policy has a standard exclusion for asbestos and therefore Safety Action cannot offer any warranty for any advice regarding asbestos.
Safety Action normally provide a written report to the Client as the primary deliverable of the services. The Client should not rely on any interim oral reports, expressions of opinion, warranties, promises or previews of reports. Only the final report(s) or professional opinions on Safety Action letterhead represent the official advice from Safety Action. Any editing of Safety Action advice or reports requested by the client, other than correction of errors or omissions against the project scope may be subject to additional fees at our normal hourly rate.
Safety Action prepares its advice solely for the Client and does not accept liability to any other person or entity, who may use the information, unless the advice was also intended for them and they are specifically named in the contract.
The Client or Safety Action may terminate this agreement at any time before the services are completed by giving notice in writing to the other party. Safety Action will be entitled to pro-rata payment for work completed to date.
In the event of any dispute, both parties agree to attempt to resolve the differences. First at a meeting between the parties, secondly through an accepted mediation process and failing a resolution, either party may take legal action. Both parties agree that any legal action arising from a dispute, that failed the above resolution process, is to be heard in and be subject to the laws of Victoria, Australia.
Proposal valid for 21 days from date of issue, but any delivery dates mentioned are subject to timing of acceptance.