Terms of Service

1. Who these terms are with

This website is operated by Elite M Pty Ltd (ABN 87 699 913 543, ACN 699 913 543), an Australian proprietary company registered in Western Australia. In these terms, "we", "us" and "our" mean Elite M Pty Ltd, and "you" means the person or entity using this website or engaging us to perform services.

2. Acceptance and scope

By accessing this website you accept these terms. If you do not accept them, please do not use the site.

Where we are engaged to perform services, these terms apply together with the written scope of work and quotation we issue for that engagement. If there is any inconsistency, the accepted written quotation and scope prevail over these terms to the extent of that inconsistency.

Nothing on this site is an offer

Descriptions of our services on this website are general information only. They are not an offer capable of acceptance, a quotation, or advice about your particular premises. A binding engagement arises only when we issue a written quotation for a defined scope and you accept it in writing.

3. Use of this website

You may use this website for lawful purposes connected with considering or managing an engagement with us. You must not attempt to interfere with the site or the server it is hosted on, use it to transmit unlawful or malicious material, or use any automated means to extract content from it for a competing commercial purpose.

We take reasonable care to keep the information on this site accurate and current, but we do not warrant that it is complete, error-free or continuously available. We may change, suspend or withdraw any part of the site at any time without notice.

4. Scopes and quotations

We do not commence work without an accepted written scope. Our ordinary process is a site walk, then a written quotation stating the scope, the exclusions and a fixed figure, then your written acceptance.

• Quotations are valid for 30 days from the date of issue unless the quotation states otherwise.
• A quotation is based on the condition of the premises as observed at the site walk and on the access arrangements you have told us about.
• Exclusions stated in a quotation are not included in the price, and work outside the scope is a variation under clause 5.
• Where a scope requires a licensed practitioner or a specialist we do not provide, we will say so and either coordinate that trade or decline the work.

5. Variations

If a condition is found on site that was not reasonably apparent at the site walk, or if you ask for work outside the accepted scope, that work is a variation. We will price the variation and confirm it with you in writing before it proceeds. You are not liable for the cost of a variation you have not accepted.

Where a variation is necessary to make a site safe and it is not practicable to obtain your acceptance first, we will take only the steps reasonably necessary to address the immediate risk and will notify you as soon as possible afterwards.

6. Site access and your obligations

To allow us to perform the services you agree to:

• provide safe and timely access to the premises at the agreed times, including keys, codes, inductions or escorts where required;
• tell us of any known hazard, service, structural issue or restriction affecting the site;
• obtain any consent required from a landlord, owners corporation, tenant or authority before the work proceeds; and
• ensure the work area is reasonably clear of stock, furniture and personnel where the scope requires it.

If access is not available at a scheduled attendance, or if the site is not in the condition assumed by the scope, we may reschedule and charge the reasonable costs of the wasted attendance, provided we have told you in advance that such a charge may apply.

7. Fees and payment

Fees are as set out in the accepted quotation or, for call-off and program engagements, at the agreed rates. Unless stated otherwise, quoted amounts are in Australian dollars and are inclusive of GST where GST applies.

Invoices are issued on completion of the work or at the intervals stated in the engagement, together with the written report for the attendance. Payment is due within 14 days of the invoice date unless the engagement provides otherwise. We may charge interest on amounts that remain unpaid after the due date at a reasonable commercial rate, and recover reasonable costs of recovery, but only where that has been notified to you in the engagement.

If you consider an invoice to be incorrect, tell us in writing within 14 days of receiving it and we will review it. You should pay any undisputed portion in the meantime.

8. Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other law where to do so would be unlawful. This includes guarantees that services will be supplied with due care and skill, will be reasonably fit for any purpose you have made known to us, and will be supplied within a reasonable time.

Where you are a consumer within the meaning of the Australian Consumer Law, you are entitled to a remedy for a major failure and to compensation for any other reasonably foreseeable loss or damage. If a failure with the services is not a major failure, you are entitled to have the problem rectified in a reasonable time and, if this is not done, to cancel the contract and obtain a refund for the unused portion.

Any limitation in these terms applies only to the extent that the Australian Consumer Law permits it, and is read down accordingly.

9. Limitation of liability

Subject to clause 8, and to the extent permitted by law:

• where the Australian Consumer Law permits us to limit our liability for a failure to comply with a consumer guarantee in respect of services that are not of a kind ordinarily acquired for personal, domestic or household use, our liability is limited, at our option, to supplying the services again or paying the cost of having the services supplied again;
• our total aggregate liability arising out of or in connection with an engagement, whether in contract, tort (including negligence), statute or otherwise, is limited to the total fees paid or payable by you for that engagement; and
• we are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity, or loss of or corruption of data.

We are not liable for the pre-existing condition of a premises, for latent defects that were not reasonably discoverable at the site walk, or for the acts or omissions of a licensed specialist or other contractor engaged directly by you rather than by us.

Our liability is reduced to the extent that your act or omission, or that of a person for whom you are responsible, caused or contributed to the loss.

10. Indemnity

You indemnify us against loss, damage, cost or expense we reasonably incur arising from your breach of these terms, from information you gave us about the site being materially incorrect or incomplete, or from your failure to obtain a consent required for the work. This indemnity does not apply to the extent that the loss was caused by our own negligence or breach, and does not operate to exclude any right you have under the Australian Consumer Law.

11. Intellectual property

All content on this website — including text, layout, stylesheets, graphics, the Elite M name and mark, and the arrangement of them — is owned by or licensed to Elite M Pty Ltd and is protected by the Copyright Act 1968 (Cth) and other applicable laws. You may view the site and print or download extracts for your own internal use in connection with an engagement with us. You may not otherwise reproduce, republish, adapt or commercially exploit any part of it without our prior written consent.

Scopes of work, quotations, task registers, schedules, reports and other documents we prepare remain our intellectual property. On payment in full of the invoice to which they relate, you are granted a non-exclusive, perpetual licence to use, copy and disclose those documents for the purpose of owning, occupying, managing, insuring, leasing or selling the premises they concern.

12. Confidentiality

Each party must keep confidential the non-public information of the other party disclosed in connection with an engagement, and use it only for the purpose of that engagement. This does not apply to information that is or becomes public other than through a breach of these terms, that was already lawfully known, or that must be disclosed by law or to a professional adviser under a duty of confidence. Personal information is also handled in accordance with our privacy policy.

13. Termination and cancellation

Either party may terminate an engagement by written notice if the other party commits a material breach and does not remedy it within 14 days of being asked to, or if the other party becomes insolvent or has an administrator, liquidator or controller appointed.

You may cancel or reschedule a booked attendance by giving us reasonable notice. Where an attendance is cancelled at short notice, or where materials have already been ordered specifically for your job, we may charge for work performed, for materials properly committed, and for costs we cannot reasonably avoid.

On termination, you must pay for all services performed and all materials properly ordered up to the date of termination. Clauses 9, 10, 11, 12 and 16 survive termination.

14. Matters beyond our control

We are not in breach of these terms, and are not liable for delay or failure to perform, to the extent it is caused by something beyond our reasonable control — including severe weather, fire or flood, an act of a public authority, an industrial dispute, a failure of a utility or supply chain, or a public health direction. We will tell you as soon as practicable and will reschedule affected work to the next reasonably available time.

15. General

Whole agreement

These terms together with the accepted scope and quotation are the whole agreement between us about the engagement and replace any earlier discussion or representation not recorded in them.

Severance

If any provision of these terms is unenforceable, it is severed or read down to the minimum extent necessary and the remaining provisions continue in force.

Waiver and assignment

A failure or delay in exercising a right under these terms is not a waiver of it. You may not assign your rights under an engagement without our prior written consent, which will not be unreasonably withheld.

Notices

Notices under these terms may be given by email. Notices to us should be sent to [email protected] and are taken to be received on the next business day in Western Australia after sending, unless the sender receives a delivery failure notice.

Changes to these terms

We may update these terms from time to time. The version published on this site at the date you accept a quotation is the version that applies to that engagement. Changes do not affect an engagement already underway.

16. Governing law

These terms and any engagement with us are governed by the laws of the State of Western Australia and the Commonwealth laws of Australia that apply in that State.

You and we submit to the non-exclusive jurisdiction of the courts of Western Australia and of the courts competent to hear appeals from them. Before commencing proceedings, each party agrees to raise the dispute in writing and to meet, in person or by telephone, to attempt to resolve it in good faith — except where urgent interlocutory relief is required. Nothing in this clause limits your right to pursue a remedy under the Australian Consumer Law or to complain to a regulator.

17. Contact us

Questions about these terms, or about an engagement, should be sent to [email protected].

Elite M Pty Ltd, ABN 87 699 913 543, ACN 699 913 543, Western Australia 6107, Australia.