Terms and Conditions

1. These terms apply to any individual or entity (“Client”) engaging ADR Surveys to deliver services (“Services”).

2. These terms are to be interpreted alongside any correspondence from ADR Surveys, including a letter of engagement (“Letter”) and a Confirmation of Appointment (“COA”), that references these terms.

3. Together, these terms, the Letter, and the COA form the full agreement (“Contract”) and define the relationship between ADR Surveys and the Client regarding the Services.

4. Unless otherwise agreed in writing, these terms also govern any future Services provided to the Client by ADR Surveys.

Identification of the Client

5. The Client is: (a) the party identified in the Letter and/or COA; (b) the party signing the COA, if not the same as the party named; or (c) any person or entity recorded as the client in ADR Surveys’ internal records.

6. Where applicable: (a) if acting as trustee, the Client is personally and as trustee bound by the Contract; (b) if the Client is a partnership, all partners are jointly and individually bound, regardless of whether all are named or have signed the COA; (c) if more than one party comprises the Client, they are jointly and severally liable.

7. Where the Client instructs ADR Surveys to direct invoices to a third party, the Client remains responsible for payment.

8. ADR Surveys may rely on the authority of any Client who purports to act on behalf of another party.

Scope of Services

9. The scope of Services will be outlined in the Letter and/or COA. Any changes to the scope during the engagement remain governed by these terms.

10. If the scope materially changes, ADR Surveys may choose not to proceed with the revised scope or may revise any prior estimates accordingly.

CLIENT OBLIGATIONS

11. The Client agrees to promptly provide all necessary information, instructions, documentation, and access to personnel as required by ADR Surveys to deliver the Services.

Confidentiality and Privacy

12. ADR Surveys will maintain the confidentiality of the Client’s information obtained during the engagement, except where disclosure is necessary for service delivery or legally required.

13. ADR Surveys will not use or share personal data about the Client except to perform the Services or comply with legal obligations, unless the Client consents otherwise.

14. The Client grants ADR Surveys irrevocable consent to use images and non-identifying details of the project for marketing, case studies, or educational purposes, in any medium, provided this does not breach clauses 12 and 13.

Fee Estimates

15. Any estimate provided in the Letter and/or COA is made in good faith based on available information at the time and is not binding. If ADR Surveys becomes aware of material changes impacting costs, it will endeavour to notify the Client. Estimates do not constitute fixed or capped fees unless agreed in writing.

Deposits and Lodgement Fees

16. ADR Surveys may request an upfront payment before commencing work. The required amount will reflect a reasonable estimate of initial costs. Services may be delayed until such deposit is paid in full.

17. ADR Surveys may also request pre-payment for lodgement of plans or applications. Lodgement will not occur until these payments and any outstanding balances are settled.

Fees and Billing

18. Unless otherwise agreed, fees for Services are calculated based on time spent on the matter.

19. Hourly rates are outlined in the quote provided and are typically reviewed annually on 1 July.

20. Where urgent Services are requested, ADR Surveys may apply a reasonable urgency surcharge.

EXSPENSES

21. ADR Surveys is entitled to recover from the Client all standard and reasonable expenses incurred in providing the Services.

Goods and Services Tax (GST)

22. If GST is applicable to any Service, the amount payable by the Client will increase by the corresponding GST amount, payable at the same time as the relevant fees.

INVOICING

23. Interim invoices may be issued periodically throughout a matter, typically on a monthly basis, even if the engagement is not yet concluded.

24. Invoices will include any applicable GST and function as tax invoices for that amount.

Payment Terms

25. Invoices are payable within fourteen (14) days from the invoice date.

26. If payment is not received on time, ADR Surveys may: (a) suspend all Services until payment is received; (b) retain possession of the Client’s documents or property until outstanding amounts are paid; and (c) charge interest at 15% per annum on overdue amounts from invoice date until payment.

27. The Client will be liable for all collection costs incurred by ADR Surveys, including legal fees on a full indemnity basis.

Lien and Security

28. ADR Surveys retains a lien over any property, funds, or documents held for the Client as security for unpaid invoices, even after the engagement ends.

29. The Client (and, if a company, its officers) grants a charge over any real property located in Western Australia to secure payment under this Contract. The Client consents to ADR Surveys lodging a caveat over such property to protect its interest.

Personal Guarantee

30. In return for ADR Surveys agreeing to provide Services, the Client (if an individual) or the Client’s officers (if a company) personally guarantee full and punctual compliance with all obligations and liabilities arising under the Contract, whether monetary or otherwise.

Email Communication

31. The Client acknowledges that email communication is inherently insecure and may be intercepted, delayed, incomplete, or corrupted. ADR Surveys does not warrant the confidentiality, security, or accuracy of information transmitted by email and the Client assumes all associated risks.

Termination

32. Either party may terminate the engagement at any time. ADR Surveys will only do so for legitimate reasons and with reasonable notice.

33. Upon termination, ADR Surveys remains entitled to payment for all Services and expenses incurred to that point.

34. Following termination and full settlement of all accounts, the Client may request return of their property held in ADR Surveys’ file.

Entire Agreement

35. The Contract (comprising these terms, the Letter, and the COA) represents the entire understanding between ADR Surveys and the Client, superseding any previous discussions or agreements.

Acceptance

36. If the Client continues to instruct ADR Surveys and does not object within fourteen (14) days, the Client will be taken to have accepted and agreed to these terms.