Terms & Conditions

1. Definitions

“Company” – ProTek Facilities Management Pty Ltd (ABN 93680682517), including employees, contractors, and authorised representatives. “Client” – the person, company, or entity requesting Services. “Services” – facilities management and related services provided by the Company. “Subcontractor” – any third party engaged by the Company to perform part or all of the Services. “Quote” or “Proposal” – a written document outlining Services, fees, and terms.

2. Engagement

1. The Client engages the Company to provide Services as described in a Quote/Proposal.
2. Acceptance constitutes agreement to these Terms & Conditions.
3. Any variations or additional Services must be agreed in writing.

3. Fees, Payment & GST

1. Fees are as stated in the Quote/Proposal/Invoice.
2. Payment is due within the period stated on the Invoice unless otherwise agreed.
3. Late payments incur 1.5% per month interest or the maximum allowed by law.
4. All taxes, GST, duties, or government charges are the Client’s responsibility.

4. Client Obligations

1. Provide accurate information, access, and approvals for Services.
2 . Ensure safety, compliance, and appropriate supervision of premises.
3. Notify the Company promptly of any issues affecting Services.
4. Comply with any reasonable instructions from the Company or Subcontractors.

5. Company & Subcontractor Obligations

1. The Company will perform Services with reasonable care and skill.
2. The Company may engage Subcontractors, but remains responsible for overall performance.
3 .The Company is not liable for the acts or omissions of Subcontractors beyond reasonable control.
4. The Company retains discretion to replace or manage Subcontractors to ensure service quality.

6. Limitation of Liability

1. Liability is limited to the fees paid for the Services giving rise to a claim.
2. The Company is not liable for indirect, consequential, or special losses.
3. The Company is not liable for delays or failures caused by events outside reasonable control (Force Majeure).
4. The Client assumes all risks for reliance on Subcontractor performance.

7. Force Majeure

Neither party is liable for delays or failure to perform due to causes beyond reasonable control, including natural disasters, strikes, pandemics, or government restrictions.

8. Termination

1. Either party may terminate the engagement with 30 days’ written notice.
2. The Client must pay for all Services provided up to the termination date.
3. Termination does not affect accrued rights or obligations.

9. Confidentiality

1. Both parties must maintain the confidentiality of sensitive information.
2. Confidential information may only be used for the purposes of providing Services.

10. Intellectual Property

1. The Company retains ownership of all intellectual property created.
2. Client receives a limited, non-exclusive license to use deliverables for the intended purpose only.

11. Marketing and Brand Use

1. The Company may use the Client’s brand name, logo, or trademarks in its marketing materials, website, or presentations to showcase engagement and services provided.
2. Such use will not misrepresent or alter the Client’s brand and will comply with any reasonable brand guidelines provided.

12. Insurance

1. The Company maintains adequate public liability and professional indemnity insurance.
2. Clients may request proof of insurance prior to engagement.

13. Dispute Resolution

1. Parties must attempt good-faith negotiation first.
2. If unresolved, disputes may be submitted to mediation or arbitration before any legal action.

14. Privacy & Data Protection

1. The Company complies with Australian Privacy Principles (APPs) and the NZ Privacy Act.
2. Client consent is obtained for the collection, storage, and use of personal information.

15. Governing Law

These Terms & Conditions are governed by the laws of Australia and New Zealand.

16. Acceptance

By engaging the Company’s Services, the Client acknowledges and agrees to these Terms & Conditions.