Skip to main content

Legal Notice/Terms and Conditions

General Advice Warning

The Efficient Abodes website and content—newsletters, blogs, podcasts, and downloadable resources—are meant for education and entertainment. The advice provided is general and may not match your specific goals, financial situation, or personal circumstances. You should check if this advice fits your needs before acting on it. If you decide to use Efficient Abodes services, refer to your Client Agreement for detailed terms and conditions.

1.0 Introduction

  1. These Terms & Conditions (“Terms”) govern the provision of Energy Assessment and Consultancy Services ("Services") by Efficient Abodes (“the Business”) to the Client (“the Client”). By engaging our Services, the Client agrees to be bound by these Terms.
  2. Only the Business is authorised to modify these Terms. Terms in effect at the time of contract will stay in effect regardless of future updates to the Terms issued by the Business.
  3. The Business does not accept, at any time, Terms of Service from third parties.
  4. The Business’s reports and certificates follow the Building Code of Australia and other mandatory regulations. The Business will not provide false or misleading results based on the Client’s requests or preferences. Instead, it will always aim to give the most optimized and cost-effective solution within the guidelines of building regulations and the information provided.

2.0 The Role of the Business

  1. The Business shall provide the Client with the Services as described in the Quote or Invoice.
  2. The Business retains copyright in all documents provided to the Client, including reports, assessments, or any other deliverables, whether created during the term of this contract or not. The Client is granted rights to use these documents solely for the purpose of the project or development. These rights may be revoked if the Client breaches its obligations outlined in these Terms, in which case, the Client shall promptly return all such documents and copies to the Business.
  3. The Business will maintain the confidentiality of any documents or information provided by the Client, unless otherwise agreed or required by law.
  4. The Business warrants that the information supplied to the Client while providing the Services, whether express or implied, shall be accurate and reliable.
  5. The Business shall observe the requirements to maintain adequate worker’s compensation, public liability, and professional indemnity insurance, as required by applicable laws and regulations.

3.0 The Role of the Client

  1. The Client shall provide the Business with all necessary and accurate documentation, information, and instructions required to facilitate the provision of the Services.
  2. The Client agrees to pay the Business the fees and disbursements as described in the Quote or Invoice, within the specified time frame.
  3. The Client shall appoint a representative who will liaise with the Business. This representative shall have the authority to bind the Client in matters related to the Services.
  4. The Client shall maintain the confidentiality of any documents or information provided by the Business, unless otherwise agreed upon or required by law.
  5. In the case of two or more Clients, all Clients are jointly and severally liable for the Terms of this contract.
  6. The Client warrants that the information supplied to the Business, in the course of providing the Services, including any documentation, is accurate, fit for use, and may be relied upon by the Business and other relevant parties without further examination.

4.0 Agreed Terms

  1. The final lodgement of a NatHERS assessment will only be undertaken upon the Client making payment in full for any outstanding services.

5.0 Services

  1. The Business shall provide Services as outlined in the scope of work or proposal provided to the Client.

6.0 Variations

  1. The Client may, by written direction, vary the Services or the timing of the Services required, subject to the Business adjusting the fee or the date of completion of the Services (if any) to reflect the variation.
  2. The Business may vary the fees or the date for completion of the Services, by written notice to the Client, where such a variation is required because of events outside the control of the Business or due to a breach of this Contract by the Client.

7.0 Quotation

  1. Fee Proposals provided by the Business are valid for 30 days from issuance. Extensions are negotiable to protect both parties' interests.
  2. Quotes should not be disclosed to third parties unless required by government authorities.

8.0 Payment of Services

  • Should any additional claims be made, charges for these items shall be based on the hourly rate that will be provided to the Client prior to the works being undertaken.
  • The Client shall pay the Business within seven (7) days of the rendering of a business account or pay prior to the Business commencing any work, or as per the terms specified on the quote.
  • The agreed fee does not include the following:
  • Changes to the project's scope, which will require renegotiation of the fee.
  • Additional charges if work increases due to changes in Client instructions.
  • Expenses and outsourcing, which are billed at cost.
  • If there is a break or delay in the project due to Client instructions or other events, the fee for completed Services will be determined on a pro-rata basis.

9.0 Intellectual Property

  1. All intellectual property rights, including but not limited to reports, documents, and recommendations, produced as part of the Services, shall remain the property of the Business until full payment is received.

10.0 Confidentiality

  1. Both parties agree to maintain the confidentiality of all information and materials shared during the course of the engagement.

11.0 Liability and Indemnification

  1. The Business shall not be liable for any consequential, indirect, or special damages arising from the provision of Services.
  2. The Client shall indemnify and hold harmless the Business against any claims, losses, or liabilities arising from the use of the Services provided.

12.0 Disputes

  1. Upon arise of any dispute between the Business and the Client, arising from contracts and agreements between the two parties, this dispute shall be determined by a competent court of law within the State of Victoria of the Commonwealth of Australia
  2. Nothing in this clause shall prevent the Business from instituting legal proceedings to recover money owing by the Client to the Business and costs incurred in relation to debt recovery.

13.0 Termination

  1. The Client may terminate this Contract: Upon giving the Business seven (7) days written notice of the Client’s intention to do so.
  2. The Business may suspend the provision of this Contract at its absolute discretion in the event of a breach by the Client of the Terms of this Contract, such breach having not been remedied with seven (7) days or written notice from the Business.
  3. Upon termination of agreement, the Client must pay all monies owing for any Services provided up to the date of termination.

14.0 Governing Law

  1. These Terms shall be governed by and construed in accordance with the Australian Consumer Law (ACL) and all relevant Federal and State laws.

15.0 Entire Agreement

  1. These Terms constitute the entire agreement between the parties and supersede any prior agreements, understandings, or representations, whether written or oral.


 
Mobile: 0408 660 968
E-Mail: info@efficientabodes.com.au