Terms of Service
Introduction
Welcome to Contracts Administrator. These Terms of Service (“Terms”) govern your use of our website and services provided by Contracts Administrator Pty Ltd (ACN: 684 677 370) trading as ContractsAdministrator.com.au (“we,” “us,” or “our”).
By accessing our website or engaging our services, you agree to these Terms. If you do not agree with these Terms, please do not use our website or services.
Services
Service Description
We provide contract administration services for the construction industry in New South Wales, Australia. Our services include:
a) Payment claims management
b) Extension of time claims processing
c) Delay claims documentation
d) Variation documentation
e) Subcontractor management
f) Contract compliance monitoring
Service Limitations
Our services are subject to the following limitations:
a) We do not provide legal advice or legal services. We are not a law firm and do not act as solicitors.
b) We do not provide financial advice, accounting services, or taxation advice.
c) We do not provide project management services, site supervision, or technical building advice.
d) Our services are limited to contract administration and do not include representation in formal dispute resolution proceedings.
Service Delivery
a) Services are primarily delivered remotely using digital communication methods and secure document sharing platforms.
b) We strive to respond to all client communications within one business day.
c) Specific service details, deliverables, and timeframes are outlined in the Service Agreement signed with each client.
Use of Website
Website Content
a) The content on our website is for general information purposes only.
b) While we make reasonable efforts to provide accurate information, we make no warranties about the completeness, reliability, or accuracy of website content.
c) Any reliance you place on website information is strictly at your own risk.
Intellectual Property
a) All intellectual property rights in the website and its content (including text, graphics, logos, icons, and software) are owned by or licensed to us.
b) You may view, download, and print content from our website for your personal, non-commercial use only.
c) You may not reproduce, modify, distribute, or republish any content from our website without our prior written consent.
Links to Third-Party Websites
a) Our website may contain links to third-party websites.
b) We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites.
c) These links do not imply endorsement of the linked websites or their content.
Engagements and Fees
Service Engagement
a) Our services are formally engaged through a signed Service Agreement.
b) The Service Agreement outlines specific services, fees, payment terms, and other conditions.
c) These Terms complement, but do not replace, the Service Agreement.
Fees and Payment
a) Our fee structure is outlined in the Service Agreement.
b) We reserve the right to modify our fee structure with notice to clients.
c) Payment terms, methods, and conditions are specified in the Service Agreement.
d) Late payments may incur interest and result in service suspension.
Client Responsibilities
Information Provision
a) Clients must provide accurate, complete, and timely information for service delivery.
b) We rely on client-provided information and are not responsible for verifying its accuracy.
c) Clients must promptly notify us of any changes to information provided.
Cooperation
a) Clients must reasonably cooperate with us for effective service delivery.
b) This includes responding to queries, reviewing documents, and providing feedback.
c) Failure to cooperate may affect service quality and outcomes.
Use of Services
a) Clients must use our services for lawful purposes only.
b) Clients may not use our services to facilitate illegal activities or breach third-party rights.
c) Clients may not share access to our services with unauthorised third parties.
Confidentiality and Privacy
Confidentiality
a) We will maintain the confidentiality of all client information.
b) We will not disclose confidential information except as required by law or with client consent.
c) Our detailed approach to confidentiality is outlined in the Service Agreement.
Privacy
a) We collect and process personal information in accordance with our Privacy Policy.
b) Our Privacy Policy explains how we collect, use, store, and protect personal information.
c) By using our services, you consent to our Privacy Policy.
Intellectual Property Rights
Pre-existing Intellectual Property
a) Each party retains ownership of pre-existing intellectual property.
b) Clients grant us a license to use client-provided materials for service delivery.
c) We retain ownership of our methodologies, templates, and systems.
Created Materials
a) Ownership of materials created specifically for clients is addressed in the Service Agreement.
b) Generally, clients own specific deliverables created for their projects.
c) We retain ownership of generic templates, processes, and systems.
Use of Materials
a) Clients may not reproduce or distribute our proprietary materials without permission.
b) We may use anonymised, non-confidential information for educational or promotional purposes.
c) Specific usage rights are outlined in the Service Agreement.
Limitation of Liability
Disclaimer of Warranties
a) Our services are provided “as is” without warranties of any kind, express or implied.
b) We do not guarantee specific outcomes, as results depend on various factors beyond our control.
c) We do not warrant that services will be error-free or uninterrupted.
Limitation of Liability
a) To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
b) Our total liability for any claims arising from these Terms or the Service Agreement is limited to the fees paid by the client in the preceding 12 months.
c) This limitation applies to all claims regardless of the legal theory.
Indemnification
a) Clients agree to indemnify and hold us harmless from claims arising from their breach of these Terms or the Service Agreement.
b) This includes claims arising from client-provided information or materials.
c) We will notify clients promptly of any such claims.
Termination
Termination by Client
a) Clients may terminate services as specified in the Service Agreement.
b) Termination procedures, notice periods, and consequences are detailed in the Service Agreement.
c) Clients remain responsible for fees incurred up to the termination date.
Termination by Us
a) We may terminate services for cause as specified in the Service Agreement.
b) Grounds for termination include non-payment, breach of these Terms, or providing false information.
c) We may also terminate services as otherwise specified in the Service Agreement.
Effect of Termination
a) Upon termination, we will cease providing services.
b) Any outstanding fees become immediately due.
c) Provisions that by their nature should survive termination will continue in effect.
General Provisions
Force Majeure
a) We are not liable for failures or delays due to circumstances beyond our reasonable control.
b) This includes natural disasters, pandemics, government actions, and telecommunications failures.
c) We will make reasonable efforts to minimise the effect of force majeure events.
Assignment
a) Clients may not assign their rights or obligations under these Terms without our prior written consent.
b) We may assign our rights and obligations to a successor in interest or affiliated entity.
c) These Terms bind and benefit the parties and their respective successors and permitted assigns.
Entire Agreement
a) These Terms, the Service Agreement, and the Privacy Policy constitute the entire agreement between the parties.
b) These documents supersede all prior understanding or agreements regarding the subject matter.
c) In case of conflict between these documents, the Service Agreement prevails.
Severability
a) If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in effect.
b) Invalid provisions will be replaced with valid provisions that achieve the original intent.
c) This severability applies to the maximum extent permitted by law.
No Waiver
a) Failure to enforce any provision does not constitute a waiver of that provision.
b) No waiver of any provision is effective unless explicitly stated in writing.
c) Waiver of one breach does not constitute waiver of subsequent breaches.
Governing Law
a) These Terms are governed by the laws of New South Wales, Australia.
b) Any disputes are subject to the exclusive jurisdiction of the courts of New South Wales.
c) The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Changes to Terms
a) We reserve the right to modify these Terms at any time.
b) Changes will be posted on our website with the effective date.
c) Continued use of our services after changes constitutes acceptance of the modified Terms.
Contact Information
a) Questions about these Terms should be directed to john@contractsadministrator.com.au.
b) We will respond to inquiries within a reasonable timeframe.
Acknowledgement
By using our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.