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Terms and Conditions:
Privacy policy / Security / personal information
"Any unauthorised use of personal information obtained from our website
for purposes other than its intended use, including but not limited to
preventing scams or using it for any other unrelated purpose, is strictly
prohibited. We are committed to protecting the privacy of our users, and
any violation of this condition will be subject to legal action. Additionally,
we implement industry-standard security measures to safeguard your
personal information from unauthorised access, disclosure, alteration, or
destruction.
By using this service, you acknowledge that we use your information for genuine purposes only. Any
unauthorised use, including multi-agent activities, for collecting information, and specifically, collecting
customer personal information for use or dissemination in the market to approach unqualified parties and
other business purposes, is strictly prohibited. We may use your information to facilitate transactions,
provide customer support, and improve our services. We may also share your information with trusted
third parties, such as contractors and service providers, solely for the purpose of fulfilling your requests or
providing services on our behalf.
Your privacy is important to us, and we are committed to transparently informing you about how your
information is collected, used, and shared. By continuing to use our service, you consent to the collection,
use, and sharing of your information as described in our Privacy Policy. If you have any questions or
concerns about our privacy practices, please review the provided information or contact us for further
assistance."
I understand and agreed
Section A; [ Platform overview ]
Customer Matchmaking and Site Inspection Service Providers
Welcome to “Build-Surety”, the leading platform connecting customers with qualified builders
and tradespeople in New South Wales (NSW) and across all states of Australia. Before you start
using our platform and services, we want to ensure that you understand your rights and
obligations.
These Terms and Conditions ("Terms") govern your use of the “Build-Surety” platform as a
service provider, including but not limited to builders, contractors, tradesmen, and professionals
("Service Provider" or "you"). By using the “Build-Surety” platform ("Platform"), you agree to
comply with these Terms. If you do not agree with these Terms, please do not use our Platform.
1. Platform Overview
“Build-Surety” operates an online platform that connects Service Providers with potential customers
seeking services related to construction, renovation, maintenance, and site inspection. Our Platform
facilitates matchmaking, project management, and communication tools to enable successful
collaboration between Service Providers and customers.
2. Eligibility
To use our Platform as a Service Provider, you must:
a. Be of legal age in your jurisdiction.
b. Possess the necessary licences, qualifications, and permits to offer your services.
c. Provide accurate and up-to-date information during the registration process.
d. Comply with all applicable laws and regulations in your area of operation.
3. Account Registration
To access the Platform, you must create an account. You agree to:
a. Keep your account information confidential.
b. Update your information promptly if there are any changes.
c. Assume responsibility for all activities that occur under your account.
4. Service Provider Obligations
As a Service Provider, you agree to:
a. Provide accurate information about your services, qualifications, and certifications on
your profile.
b. Respond promptly to customer inquiries and requests.
c. Conduct your services in a professional and ethical manner.
d. Maintain all required licences and permits and comply with local regulations.
e. Notify “Build-Surety” of any changes that may affect your eligibility to use the Platform.
"By engaging with customers on the Build-Surety Australia platform, contractors agree to adhere to all
applicable legal requirements and industry standards, ensuring the quality and compliance of projects
undertaken. Build-Surety Australia reserves the right to verify the licensing, certification, and insurance
coverage of contractors listed on the platform. Contractors are responsible for maintaining up-to-date
information regarding their credentials and complying with any changes to building codes, regulations, or
industry standards. Failure to meet these requirements may result in the removal of the contractor's listing
from the platform."
5. Customer Engagements
a. When a customer expresses interest in your services through the Platform, you are
obligated to respond promptly and professionally.
b. "Build-Surety Australia facilitates engagements between contractors and customers on
its platform. While Build-Surety Australia will guide and inspect your project to secure your
payment, prevent possible defects, and ensure compliance with warranty terms, it is
important to note that Build-Surety Australia is not responsible for the outcome of your
engagements with customers. Any disputes or issues that arise during the project must
be resolved directly between you and the customer. Build-Surety Australia may provide
assistance and access to its dispute resolution centre to facilitate the resolution of disputes,
but the ultimate responsibility for resolving issues lies with the parties involved."
6. Fees and Payments
“Build-Surety” may charge fees for certain services or transactions on the Platform. These fees will be
clearly disclosed before you engage with a customer. You agree to pay any applicable fees as outlined in
our Fee Schedule.
7. Privacy
Your use of the Platform is also governed by our Privacy Policy, which outlines how we collect, use, and
protect your personal information.
8. Platform Changes and Termination
“Build-Surety” reserves the right to modify or terminate the Platform, services, or your access to them at
any time, with or without notice.
9. Limitation of Liability
“Build-Surety” is not liable for any direct, indirect, incidental, special, consequential, or punitive damages
resulting from your use of the Platform or any interactions with customers. “Build-Surety” does not
assume any responsibility or liability for any damages or defects arising from the work or services
provided by contractors engaged through the Platform. All contractual obligations and guarantees are the
sole responsibility of the contractor and the customer.
10. Contact Information
If you have any questions or concerns regarding these Terms or the “Build-Surety” platform, please
contact us at the Inspection team. By using “Build-Surety” as a Service Provider, you acknowledge that
you have read, understood, and agree to these Terms and Conditions.
I understand and agreed
Section B : [Request the Inspection Now on your project]
By clicking "Request the Inspection Now," you acknowledge and agree to the following legal guidelines:
Builder Team Inspection:
● An inspection by the Builder Team on Build-Surety Australia is a service provided to
enhance customer confidence.
● The inspection does not transfer responsibility or warranty from the contractor to
Build-Surety Australia.
● Contractors retain personal legal responsibility for the entire project, including the Critical
Path Inspection.
Warranty Disclaimer:
● Build-Surety Australia does not assume responsibility for the contractor's project or
provide a warranty on the work completed.
● Contractors are solely responsible for the quality, safety, and compliance of their projects.
Critical Inspection Request:
● Clicking "Critical Inspection Request" indicates your understanding that this is an
additional service provided for comprehensive project assessment.
● The Critical Inspection does not absolve contractors of their legal obligations or liabilities.
Build Surety on Behalf of Customers:
● Build-Surety Australia's system is designed to provide surety on behalf of the customer.
● Customers rely on the platform to facilitate transparency and confidence in their
construction projects.
Link to Terms and Conditions:
● For more detailed information, please review the Terms and Conditions before
proceeding with any inspection request.
● Understanding and adherence to the terms outlined in this document are crucial for
participating contractors.
These Terms and Conditions ("Terms") outline the legal information governing the point of inspection
services provided by our builder team as part of the contract for services ("Contract"). By engaging our
builder team, you agree to be bound by these Terms. Please read them carefully and ensure you
understand all provisions.
1. Builder Team's Role:
Our builder team, herein referred to as "Builder," plays a critical role in the inspection and assessment of
your property or project as specified in the Contract. The Builder's primary function is to evaluate and
report on various aspects of the property, including but not limited to structural integrity, workmanship, and
compliance with relevant regulations and standards.
2. Inspection Points:
The Builder will conduct inspections based on the scope defined in the Contract. Inspection points may
include, but are not limited to, the following:
A. Structural Integrity: Evaluation of the structural components of the property to ensure they
meet safety and compliance standards.
B. Workmanship: Assessment of the quality of construction work, including finishes, materials
used, and adherence to industry standards.
C. Defects and Hazards: Identification and reporting of potential defects or hazards that may
compromise safety, functionality, or aesthetics.
D. Critical Stages: Inspection at crucial stages of the project to ensure proper implementation and
adherence to design specifications.
3. Client Responsibilities:
As the client, you agree to:
a. Provide access to the property or project as required for inspections.
b. Cooperate with the Builder and provide all relevant information necessary for a comprehensive
assessment.
c. Abide by the Contract terms, including payment schedules and deadlines.
4. Builder's Obligations:
The Builder will:
a. Conduct inspections with due diligence and in accordance with industry best practices.
b. Deliver comments in a timely manner following inspection.
c. Maintain confidentiality regarding client information and inspection findings.
5. Liability and Dispute Resolution:
While every effort is made to provide accurate and reliable inspections, it is essential to understand that
the Builder's role is advisory. Any disputes arising from inspection findings should be addressed through
the dispute resolution mechanisms outlined in the Contract.
7. Governing Law:
These Terms and the Contract are governed by the laws of the state of New South Wales, Australia. Any
legal disputes shall be resolved within the jurisdiction of the appropriate courts in New South Wales.
8. Amendments:
We reserve the right to amend these Terms at our discretion. Any changes will be communicated to you in
writing, and your continued engagement with our services will constitute acceptance of the amended
Terms.
By engaging our builder team's services and agreeing to these Terms, you acknowledge your
understanding and acceptance of the role, responsibilities, and legal framework governing the point of
inspection services provided by our Builder. If you have any questions or require further clarification,
please contact us for assistance.
I understand and agreed
Section C : [ Work Completion Certificate / warranty ]
Digital Certificate Generation:
The Contractor agrees to generate a "Digital Certificate" for the customer through our designated platform
upon successful completion of the project.
The Contractor is responsible for keeping a record of this certificate throughout the warranty term. A copy
of the digital certificate should be saved in our database for reference.
Warranty Period details:
The Contractor offers the following warranty terms for the construction project:
● 2 years Installation and Materials Warranty: The Contractor provides a warranty for a
duration of 2 years from the date of project completion. This warranty covers defects in
the installation work and materials used.
● 6 Years Any building structural related project included Waterproof membrane
work in Wet service Areas: The Contractor provides a warranty for a duration of 6 years
from the date of project completion specifically covering structural integrity and
waterproofing in wet areas of the project.
● Flexible Warranty Period: as marketing purposes;
The Contractor offers a warranty for the construction project with a warranty period to be
determined based on marketing purposes and the specific project agreement. The
duration of the warranty may vary and will be specified in the project contract or separate
warranty document.
The Contractor acknowledges and agrees to uphold these warranty conditions, and the Owner shall be
entitled to claim any necessary repairs or replacements under the specified warranty periods. The terms
and conditions of warranty claims shall be outlined in a separate warranty document for reference.
By signing this Agreement, the Contractor indicates their consent and understanding of these warranty
conditions.
I understand and agreed
NOTE:
1. Statutory Warranty Period: Most states and territories in Australia have statutory warranties for
residential building work. These warranties typically cover defects and issues that arise as a result of the
work for a specified period. The statutory warranty period is generally around 6 to 7 years. However, the
length of the warranty period may vary depending on the state or territory.
For example, in New South Wales, it is typically 6 years, while in Victoria, it is 7 years.
Builder's Warranty: In addition to the statutory warranty period, many builders provide their own
warranty or guarantee for a specified duration. This is often referred to as a "builder's warranty" and is
typically around 2 years for non-structural defects and 6-7 years for structural defects.
More details :
Structural Work (6 years or more warranty):
● "Build-Surety Australia ensures a minimum warranty of 6 years for all structural work, in
compliance with Australian building standards and regulations. This warranty covers any
defects or issues arising from structural components of the building, providing peace of
mind to homeowners and strata committees."
General Building Services (Painter, Tilers, and All Building Trades):
● New South Wales (NSW):
● "For general building services including painting, tiling, and all other building
trades, Build-Surety Australia offers a minimum warranty period of 2 years in
accordance with NSW Fair Trading regulations. This warranty assures quality
workmanship and adherence to industry standards."
● Victoria (VIC):
● "In Victoria, our warranty for general building services meets the requirements set
by the Victorian Building Authority (VBA), ensuring a minimum warranty period of
3 years. This warranty covers services provided by painters, tilers, and all other
building trades, promoting reliability and customer satisfaction."
● Queensland (QLD):
● "Build-Surety Australia provides a minimum warranty period of 6 years for general
building services, including painting, tiling, and other trades, as stipulated by the
Queensland Building and Construction Commission (QBCC). This warranty
underscores our commitment to quality and durability in every project."
● Western Australia (WA):
● "For painting, tiling, and other general building services, our warranty aligns with
the regulations outlined by the Building Commission of Western Australia,
ensuring a minimum warranty period of 4 years. This warranty reflects our
dedication to excellence and customer satisfaction in all aspects of building
work."
● South Australia (SA):
● "In compliance with the South Australian Government's regulations, Build-Surety
Australia offers a minimum warranty period of 5 years for general building
services, including painting, tiling, and all listed building trades. This warranty
reinforces our commitment to delivering high-quality craftsmanship and lasting
results."
● Tasmania (TAS):
● "Build-Surety Australia adheres to the Consumer, Building and Occupational
Services (CBOS) guidelines in Tasmania, providing a minimum warranty period of
4 years for general building services. This warranty covers workmanship by
painters, tilers, and all building trades, ensuring customer satisfaction and
confidence."
● Australian Capital Territory (ACT):
● "For general building services in the Australian Capital Territory, our warranty
period of 3 years meets the requirements set by Access Canberra. This warranty
encompasses services rendered by painters, tilers, and all building trades,
demonstrating our commitment to reliability and professionalism."
These statements aim to assure customers of the warranty coverage provided by Build-Surety Australia
for both structural work and general building services, with specific details tailored to each state's
regulations.
Section D: [ Workplace Safety ]
"All contractors must wear a safety harness or gear to protect themselves when working at heights
exceeding 2 metres. It is your responsibility to ensure your safety. Homeowners are not permitted to
allow contractors to work without proper safety systems in place."
safety Harness Requirement: All contractors engaged in work at heights exceeding 2 metres must wear
a safety harness as per occupational health and safety regulations.
Responsibility for Safety: It is the responsibility of each contractor to ensure their own safety while
performing work on-site.
Homeowner Obligations: Homeowners are prohibited from allowing contractors to conduct work without
appropriate safety systems in place, including but not limited to safety harnesses for work at heights.
Compliance with Regulations: All parties involved in the construction project, including contractors and
homeowners, are required to comply with relevant safety regulations and guidelines.
Liability: The homeowner shall not be held liable for any injuries or accidents resulting from the failure of
a contractor to comply with safety regulations or use appropriate safety equipment.
Indemnification: Contractors agree to indemnify and hold harmless the homeowner and The Remedial
Builders Pty Ltd. against any claims, damages, or liabilities arising from non-compliance with safety
regulations or failure to use proper safety equipment.
By engaging in any construction work through Build-Surety Australia, you acknowledge and
agree to abide by these terms and conditions regarding safety requirements and responsibilities.
{ More details as below; }
Customer Obligations:
Safe Working Environment: As a customer, you are responsible for providing a safe working
environment within your property. This includes ensuring that necessary safety measures and
precautions are in place to protect the well-being of the contractor and their personnel.
Safety Regulations: Customers are required to adhere to all relevant safety regulations and
guidelines applicable to the construction project. Compliance with these regulations is crucial for
the safety of all parties involved.
Safety Equipment: Customers must provide and maintain appropriate safety equipment and
gear as needed for the project, as well as ensure its availability to the contractor's team as
required.
Supplier (Contractor) Obligations:
Safe Workplace: Suppliers, including independent contractors and companies with employees,
share the responsibility for ensuring a safe working environment during the project. This involves
implementing safety measures and precautions to protect their team and anyone present on the
worksite.
Safety Compliance: Contractors are responsible for complying with all applicable safety
regulations and guidelines. They must ensure that their work adheres to industry standards and
legal requirements to maintain a safe work environment.
Safety Training: Suppliers are obligated to provide necessary safety training to their team
members and ensure that they are well-versed in safety procedures, equipment usage, and
potential hazards.
Negligence and Liability:To establish liability, it is crucial to determine whether any party acted
negligently. For example, if the property owner or contractor failed to provide proper safety equipment,
training, or precautions, they might be considered negligent. In cases where negligence is evident, parties
may be held responsible for safety violations.
Contributory Negligence:In some cases, the injured party's actions may have contributed to an
accident. For instance, if the contractor failed to follow safety guidelines or used faulty equipment, this
could impact the liability assessment. It is essential for all parties to exercise caution and adhere to safety
standards to minimise the risk of accidents.
Worker's Compensation:In many locations, worker's compensation laws provide benefits to employees
injured on the job, regardless of fault. This coverage can help cover medical expenses and lost wages. It
is recommended for all parties involved to be aware of and understand the worker's compensation laws
applicable in their jurisdiction.
By accepting these workplace safety terms and conditions, all parties involved commit to creating a safe
and secure work environment and to act in accordance with safety regulations and standards. It is the
shared responsibility of both customers and suppliers to prioritise workplace safety in all construction
projects.
I understand and agreed
Section F : [ Service fee ]
[ Deposit and Progress Payment Statement ]
At “Build-Surety”, we are committed to providing our clients with a seamless and transparent payment
process for construction projects. Our deposit and progress payment structure is designed to ensure the
security of your investment and the successful completion of your project. Please find below our payment
guidelines:
Terms and Conditions - Payment: Admin to control service
a. { Professional Service & Investigation / our service rate [ 10% ] }
b. { contract under $2,000 / our service rate [ 7% ] }
c. { contracts under $5,000 / our service rate [ 6% ] }
d. { contracts over $5,000 / our service rate [ 5% ] }
Deposit Payment - 10% of Construction Cost: Upon signing the contract, the client is required to make an
initial deposit payment equal to 10% of the total construction cost. This deposit is necessary to secure
the project and initiate planning and preparations. Our service rate of 5%, 6%, or 7% (depending on the
contract value) will be deducted from this initial payment
Transfer to Build-Surety Safety Account: As part of our commitment to ensuring client satisfaction and
peace of mind, 10% of the deposit payment will be transferred to the Build-Surety Safety Account during
the cooling-off period. This amount will be held in trust and refunded to the client if the cooling-off period
is exercised as per the terms and conditions.
Payment Milestones: The remaining payment will be based on critical inspection milestones during the
project:
● Single Stage (100%): For contracts under $2,000, the payment will be required upon completion
of the project. Our service rate for this stage is 7%.
● Two Stages (50% & 100%): For contracts under $5,000, payments will be required at 50% and
100% completion. Our service rate for this stage is 6%.
● Three Stages (30%, 60%, 100%): For contracts over $5,000, payments will be required at 30%,
60%, and 100% completion. Our service rate for this stage is 5%.
Note: Our service rates of 5%, 6%, or 7% are calculated from your total construction cost and will be
deducted from your initial payment.
Options for Payment: There are two options for the remaining payment:
● Direct Payment to Contractor: The client may choose to make the remaining payments directly to
the contractor's account or preferred payment system.
● Payment through Build-Surety: Alternatively, the client may opt to make the remaining payments
through Build-Surety, where we will facilitate the payment process based on the agreed
milestones and completion of work.
● Retention of Payment: Build-Surety reserves the right to retain a portion of the payment until the
project reaches satisfactory completion as determined by our inspection team. This retained
payment serves as a mechanism to ensure the quality and completion of the project.
By proceeding with the contract and making the initial deposit payment, the client acknowledges and
agrees to abide by these terms and conditions regarding payment milestones and options.
F, 1; < Professional supplier’s fee & positing >
Service Fee:
● A service fee of 10% of your deposit from customers is applicable for listing in the
Professional Supplier category on the Build-Surety platform.
Position Limitation:
● Only three positions are available for each subcategory within the Professional Supplier
category.
Annual Subscription Option:
● Alternatively, professional suppliers have the option to subscribe annually for the service
fee, providing access to continuous listing on the Build-Surety platform.
Negotiation for Positioning:
● The Build-Surety service team will negotiate the positioning of your listing within the
platform based on demand and availability.
Deposit Refund Policy:
● In the event of cancellation or non-renewal of your subscription, a refund of the remaining
deposit amount may be issued upon request, subject to terms and conditions.
Terms Acceptance:
● By agreeing to these terms and conditions, you acknowledge and accept the service fee
structure and positioning limitations outlined for the Professional Supplier category on
the Build-Surety platform.
Contact Us:
● For any inquiries or assistance regarding the service fee, positioning, or subscription
options, please contact our support team.
Updates and Amendments:
● Build-Surety reserves the right to update, amend, or modify these terms and conditions at
any time. Notification of changes will be provided to affected parties in a timely manner.
Effective Date:
● These terms and conditions are effective as of [Effective Date] and apply to all listings in
the Professional Supplier category on the Build-Surety platform.
Please review these terms and conditions carefully before proceeding with your listing in the Professional
Supplier category. If you have any questions or concerns, please contact us for clarification.
I understand and agreed
Section G : [ Refund: ]
● Deposit or Down Payment:
Initial deposit or down payment to secure the construction project is non-refundable when job
has commenced.
A job is typically considered to have commenced when significant work on the project has begun.
This could include activities such as excavation, laying foundations, or other substantial
construction tasks.
● If initial work has begun or any materials have been purchased for the project, the deposit will be
retained by the contractor. The remaining 90% of the deposit will be released after deducting the
Build Surety service fee.
Additionally, the contractor must provide evidence of materials purchase, such as a work order
with the project address, to support the retention of the deposit.
● Job or Contract Cancellation:
If cancellation is during the construction process, the refund policy should outline the conditions
under which a refund may be provided, if at all.
○ Non-Performance: If the builder/contractors fails to deliver the project as agreed upon in
the contract, the refund policy may provide options for partial or full refunds depending on
the extent of the non-performance.
○ Delays and Extensions: In cases where the project is delayed due to unforeseen
circumstances, the refund policy may address whether the customer is entitled to a
refund for the delayed period.
○ Defects and Quality Issues: If the finished construction work has significant defects or
quality issues, the refund policy may offer remedies, such as repairs or refunds, to
address the problems.
○ Change Orders: If there are changes requested by the customer during the construction
process that lead to additional costs, the refund policy might address whether any
unused funds from the original agreement will be refunded.
● Insurance and Liabilities:
The refund policy might specify the builder's insurance coverage and the extent to which it
protects the customer in the event of unforeseen circumstances or accidents.
● Refund Process:
The policy should outline the steps and timeline for processing refunds, such as how long it may
take to receive the refund after approval.
I understand and agreed
Section H: [subcontractor's responsibilities. ]
Quality Workmanship: Ensuring that all work performed meets industry standards and
specifications outlined in the contract.
Timely Completion: Completing assigned tasks within the agreed-upon timeline to avoid delays
in the overall project schedule.
Compliance: Adhering to all relevant building codes, regulations, and safety standards applicable
to the work being performed.
Communication: Maintaining open and effective communication with the main contractor
regarding progress, challenges, and any necessary adjustments to the work.
Cooperation: Collaborating with other subcontractors and tradespeople on-site to ensure smooth
coordination and integration of work.
Documentation: Providing accurate and timely documentation, including invoices, progress
reports, and any required certifications or warranties.
Site Cleanliness: Keeping the work area clean and organised to minimise safety hazards and
disruptions to other trades.
Conflict Resolution: Addressing any disputes or issues promptly and professionally, either
directly with the main contractor or through the agreed-upon dispute resolution process.
Here's a statement outlining the subcontractor's obligations when signing a contract with the main
contractor:
"As a subcontractor, I acknowledge and agree to fulfil the following obligations:
● Perform all assigned work with the highest level of quality and workmanship, complying with
industry standards and specifications outlined in the contract.
● Complete all tasks within the agreed-upon timeline to ensure timely project completion and avoid
delays.
● Adhere to all relevant building codes, regulations, and safety standards applicable to the work
being performed.
● Maintain open and effective communication with the main contractor regarding progress,
challenges, and any necessary adjustments to the work.
● Cooperate with other subcontractors and tradespeople on-site to ensure smooth coordination
and integration of work.
● Provide accurate and timely documentation, including invoices, progress reports, and any
required certifications or warranties.
● Keep the work area clean and organised to minimise safety hazards and disruptions to other
trades.
● Address any disputes or issues promptly and professionally, either directly with the main
contractor or through the agreed-upon dispute resolution process.
I understand that failure to meet these obligations may result in consequences as outlined in the contract
agreement."
Please note that specific obligations may vary depending on the terms of the contract and the nature of
the project. It's essential for subcontractors to review and understand their contractual obligations
thoroughly before signing any agreements.
Section I: [Agent and management. ]
Terms and Conditions: Agent/Management
Welcome to Build-Surety Australia, a platform dedicated to elevating your construction experience. Before
accessing our services, please read and agree to the following terms and conditions regarding your role
as an agent or management representative:
Eligibility:
By accessing and using Build-Surety, you represent and warrant that you have the legal authority
to enter into these terms and conditions on behalf of yourself or your organisation.
Account Registration:
You must register for an account to access certain features of Build-Surety.
You agree to provide accurate, current, and complete information during the registration process
and to update such information to keep it accurate, current, and complete.
Agent Responsibilities:
● As an agent or management representative, you agree to act in good faith and in the best
interests of your clients.
● You will adhere to ethical standards and professional conduct guidelines set forth by
relevant industry organisations.
Confidentiality:
● You agree to maintain the confidentiality of sensitive information shared on the platform,
including but not limited to client details, project specifications, and financial data.
Data Protection:
● You acknowledge and agree to comply with all applicable data protection laws and
regulations when handling personal data through Build-Surety.
● Personal information should only be inserted when necessary for contractual or site
inspection purposes, and otherwise, data minimization principles should be followed.
Dispute Resolution:
● In the event of disputes between parties involved in a project, you agree to cooperate
with Build-Surety's dispute resolution process and facilitate communication to reach a fair
and timely resolution.
Indemnification:
● You agree to indemnify and hold Build-Surety harmless from any claims, losses,
damages, liabilities, and expenses (including legal fees) arising out of or in connection
with your use of the platform.
Liability Limitation:
● Build-Surety shall not be liable for any indirect, incidental, special, consequential, or
punitive damages, including but not limited to loss of profits, data, or goodwill, arising out
of or in connection with your use of the platform.
Modification of Terms:
● Build-Surety reserves the right to modify these terms and conditions at any time without
prior notice. Your continued use of the platform after such modifications constitutes your
acceptance of the updated terms.
Governing Law:
● These terms and conditions shall be governed by and construed in accordance with the
laws of Australia, without regard to its conflict of law provisions.
Contact Information:
● If you have any questions or concerns about these terms and conditions, please contact
us at [contact email/phone number].
By accessing and using Build-Surety, you acknowledge that you have read, understood, and agree to be
bound by these terms and conditions. If you do not agree to these terms, you may not access or use the
platform.
I understand that failure to meet these obligations may result in consequences as outlined in the contract
agreement."
Section J: [Dispute Resolution Clause: ]
Build-Surety Dispute Resolution Clause:
In the event of any dispute, claim, or controversy arising out of or relating to the services provided by
Build-Surety Australia through its website ('Services'), the parties agree to first attempt to resolve the
matter through good-faith negotiations.
If the parties are unable to resolve the dispute through negotiation within [10 days of written notice of
the dispute], either party may initiate mediation. The parties shall mutually select a mediator, and the
costs of mediation shall be borne equally by both parties. The mediation shall take place in [Specify
Physical Location] and shall be conducted in accordance with the mediation rules of [Specify Mediation
Service Provider].
If mediation is unsuccessful or not pursued within [10 days of written notice of the dispute], the parties
agree to submit the dispute to binding arbitration. The arbitration shall be conducted in [Specify Physical
Location] in accordance with the rules of [Specify Arbitration Service Provider].
The arbitrator's decision shall be final and binding upon both parties, and judgement upon the award
rendered by the arbitrator may be entered in any court having jurisdiction thereof.
The parties agree that any dispute resolution proceedings shall be conducted confidentially and without
prejudice to the rights and remedies available to either party under this contract or at law.
Note: This Dispute Resolution Clause is specific to the services provided by Build-Surety Australia
through its website and is solely applicable to contracts entered into for such services.
Parties are encouraged to seek legal advice if disputes cannot be resolved through the mechanisms
outlined herein.
Please review and customise the clause according to your specific requirements and consult with legal
advisors to ensure compliance with applicable laws and regulations."
I understand that failure to meet these obligations may result in consequences as outlined in the contract
agreement."