Confirmation
of Acceptance

TERMS AND CONDITIONS OF TRADE
Dynamic Surveying Solutions PTY LTD Trading as Surveyors Brisbane
ABN 26 658 990 017

Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Survey and Mapping Infrastructure Act 2003 and/or Surveyors Act 2003 of Queensland, except to the extent permitted by these Acts where applicable.

1. Definitions

1.1 "S.B." means Dynamic Surveying Solutions PTY LTD Trading as Surveyors Brisbane, its successors and assigns or any person acting on behalf of and with the authority of Surveyors Brisbane.

1.2 "Client" means the person/s requesting S.B. to provide the Services as specified in any proposal, quotation, order, invoice or other documentation.

1.3 "Services" means all Goods or Services supplied by S.B. to the Client at the Client's request from time to time.

1.4 "Price" means the Price payable (plus any GST where applicable) for the Services as agreed between S.B. and the Client.

1.5 "Proposal" means the document provided by S.B. to the Client detailing the scope of services, pricing and special conditions applicable to the project.

2. Acceptance

2.1 The Client is taken to have exclusively accepted and is immediately bound by these terms and conditions upon placing an order for or accepting delivery of the Services.

2.2 These terms and conditions may only be amended with the consent of both parties in writing.

3. Pricing

3.1 Prices quoted for the supply of goods and services exclude GST and any other taxes or duties imposed on or in relation to the goods and services.

3.2 At S.B.'s sole discretion, the Price shall be either:
(a) as indicated on any invoice provided by S.B. to the Client; or
(b) S.B.'s quoted price which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.

3.3 If the Client requests any variation to the Agreement, S.B. may increase the price to account for the variation.

3.4 A non-refundable deposit of $500 is required upon acceptance of the proposal.

3.5 Any variation from the plan of scheduled works or specifications will be charged for based on S.B.'s quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.

4. Payment

4.1 The time for payment for the Services is of the essence.

4.2 The Price will be payable by the Client on the date/s determined by S.B., which may be:
(a) on completion of the Services;
(b) by way of installments/progress payments;
(c) thirty (30) days following the end of the month in which a statement is posted to the Client's address;
(d) the date specified on any invoice; or
(e) failing any notice to the contrary, within seven (7) days following the date of any invoice.

4.3 Payment may be made by electronic/on-line banking, credit card or by any other method as agreed to between the Client and S.B.

4.4 S.B. reserves the right to change the Fee where additional Services are required or where costs increase beyond S.B.'s control.

4.5 The Client shall not be entitled to set off against, or deduct from the Fee, any sums owed or claimed to be owed to the Client by S.B. nor to withhold payment of any invoice because part of that invoice is in dispute.

4.6 S.B. may require payment in advance of all or some of the estimated costs.

4.7 Where S.B. is required to make payments to third parties for statutory fees or any other professional services on behalf of the Client, S.B. may require an advance of funds to cover those outgoings.

4.8 Invoices may be subject to the Building and Construction Industry Payments Act (Qld) at S.B.'s sole discretion.

5. Delivery of Services

5.1 Any time specified by S.B. for delivery of Services is an estimate only and S.B. will not be liable for any loss or damage incurred by the Client as a result of delivery being late.

5.2 Delivery of the Services to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.

5.3 The Client shall make all arrangements necessary to take delivery of the Services when they are made available.

6. Variations to Services

6.1 In the event that the Scope of Works is amended, S.B. will be entitled to review the value of the fees previously agreed and the Client will agree to pay all additional costs associated with such amendments as agreed in writing.

6.2 S.B. will only accept variation work from the Client's duly authorised representative. Any alteration to the instruction must be notified to S.B. in writing.

6.3 Variation charges apply for additional meetings, calculations, plan checking, field survey work, quality assurance processes, and delivery of survey data. A minimum site visit fee may apply for variations.

7. Intellectual Property and Data

7.1 Where S.B. has designed, drawn, written plans or a schedule of Services for the Client, the copyright in all such designs, drawings, documents, plans, and products shall remain vested in S.B.

7.2 S.B. hereby extends to the Client a non-exclusive, perpetual licence to use the designs and drawings created for the Client for any uses associated with the purpose of creating the designs and drawings.

7.3 The Client warrants that all designs, specifications or instructions given to S.B. will not cause S.B. to infringe any patent, registered design or trademark.

7.4 All proposals, documents, drawings, calculations, designs, plans and data prepared by S.B. in relation to the project constitute S.B.'s intellectual property. The Client must not reproduce or disseminate these materials to any third party without S.B.'s express written permission.

7.5 The licence to use the data provided by S.B. is conditional upon:
(a) The licence applies only to the project to which the data relates;
(b) S.B. has completed the particular stage of the project for which it was commissioned; and
(c) All fees properly due to S.B. have been paid in full.

8. Privacy

8.1 The Client agrees that S.B. may obtain, collect, use and disclose personal information for the purpose of providing Services and/or collecting payments.

8.2 The Client consents to S.B. being given a consumer credit report to collect overdue payment on commercial credit.

9. Default and Consequences of Default

9.1 If the Client defaults in payment by the due date:
(a) Interest on overdue invoices shall accrue daily from the date when payment becomes due until the date of payment at a rate of 2.5% compounding per calendar month and shall accrue at such a rate after as well as before any judgement;
(b) S.B. may charge an administration fee up to 10% of the outstanding amount to a maximum of $200 plus GST;
(c) S.B. may suspend or terminate the supply of further goods or services to the Client;
(d) The Client shall indemnify S.B. from and against all S.B.'s costs and disbursements including on a solicitor and own client basis and in addition all of S.B.'s nominees' costs of collection.

10. Limitation of Liability

10.1 S.B.'s liability is limited to:
(a) The re-supply of the Services; or
(b) The payment of the cost of having the Services supplied again.

10.2 S.B. shall not be liable for any indirect or consequential loss or damage whatsoever (including loss of profit) suffered by the Client arising out of a breach by S.B. of these terms and conditions.

10.3 In the event of any breach of this contract by S.B., the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of S.B. exceed the Price of the Services.

10.4 The Client shall indemnify S.B. against all claims and costs arising from services provided according to the Client's instructions.

10.5 No liability will be accepted by S.B. for loss or damage caused by delay in completion of services due to wet weather, flooding, site access limitations or other circumstances beyond S.B.'s reasonable control.

11. Cancellation

11.1 S.B. may cancel any contract to which these terms and conditions apply at any time before the Services are provided by giving written notice to the Client. S.B. shall not be liable for any loss or damage arising from such cancellation.

11.2 In the event that the Client cancels delivery of Services, the Client shall be liable for any loss incurred by S.B. (including loss of profits).

12. Security and Charge

12.1 The Client agrees that S.B. may register a security interest (under the PPSA) for any outstanding amounts.

12.2 The Client agrees not to register a financing change statement without prior written consent of S.B.

13. Exclusions and Specialised Services

13.1 Unless explicitly stated in the Submission Particulars or Proposal, the following are not applicable to the provision of Survey Services:
(a) Liquidated and/or general damages
(b) Defects liability period
(c) Retention of monies
(d) Provision of securities or bank guarantees

13.2 In accordance with regulatory requirements under the Surveyors Act, certain surveying activities, including cadastral surveys that establish or re-establish property boundaries, require specific licensing. S.B. does not perform these regulated cadastral services but can facilitate access to these specialised services through our network of licensed cadastral surveyors when required. Any requests for boundary surveys or related cadastral work will be referred to our licensed cadastral affiliates who will contract directly with the Client for such services.

13.3 Cadastral surveying services, including boundary identification or reinstatement, are not provided by S.B. and are excluded from our services.

13.4 S.B. does not provide specialised services requiring cadastral surveyor licensing, including but not limited to:
(a) Cadastral surveys that establish or re-establish property boundaries
(b) Form 12 and other regulatory forms requiring licensed cadastral surveyor sign-off
(c) Identification surveys for property boundaries
(d) Registration plans for subdivisions or boundary re-definition
(e) Survey plans requiring lodgement with the Titles Office
(f) Survey certificates requiring cadastral licensing

13.5 Any reference to cadastral surveying services on S.B.'s website, marketing materials, or other communications indicates services that can be facilitated through our licensed cadastral surveying partners, not services provided directly by S.B. All cadastral services must be contracted and paid for directly with these licensed partners. S.B. takes no responsibility for any cadastral surveying work performed by our affiliated contractors. The Client acknowledges that for all cadastral surveying services, a separate agreement will be formed directly between the Client and the licensed cadastral surveyor, with S.B. acting solely as an unpaid referral agent in such cases. S.B. receives no compensation, commission, or financial benefit of any kind for these referrals.

14. Technology and Equipment

14.1 S.B. uses satellite and GPS networks that are industry standard for surveying services. The Client acknowledges that S.B. has no direct control over the availability, accuracy, or reliability of these networks.

14.2 In the event that satellite or GPS networks are unavailable or unreliable for use, the Client indemnifies S.B. from any action for damages or delays caused by this lack of availability or accuracy.

14.3 When establishing Australian Height Datum (AHD) levels, S.B. may use GPS methods where suitable Permanent Survey Marks (PSMs) are not readily accessible. The Client acknowledges that such methods may have different accuracy characteristics compared to traditional levelling techniques and accepts these variations as inherent to the technology used.

15. Site Conditions and Access

15.1 The Client must ensure that the project site is prepared and accessible prior to any survey works commencing. Access arrangements to the site are the responsibility of the Client.

15.2 The Client must ensure that the working area is clear, safe, and free of materials, plant and equipment that may obstruct survey activities.

15.3 The price quoted assumes that access to the site will be unrestricted. Any delays or rescheduling costs incurred due to restricted access or site conditions will incur additional charges.

16. Operating Hours

16.1 Standard operating hours are between 7:00am and 5:00pm Monday to Friday.

16.2 Services provided outside standard operating hours may incur an additional loading fee of up to 50% for weekends, public holidays and after-hours work.

16.3 A minimum call-out fee may apply for after-hours or weekend services.

17. Personnel

17.1 Should the Client wish to employ or engage any S.B. employee who was introduced to the Client through the provision of services under this agreement, the Client agrees to pay S.B. compensation equal to 40% of the annual remuneration package if that offer is accepted during the contract period or within 12 months of the end of the contract period.

18. Hierarchy of Documents

18.1 When interpreting this agreement, the following order of priority will apply should there be any conflict between documents:
(a) The Proposal including any Special Project Conditions;
(b) These Standard Terms and Conditions;
(c) Any Purchase Order provided by the Client;
(d) Any other document agreed between the parties in writing.

19. Dispute Resolution

19.1 In the event of a dispute between the parties, either party may serve a notice detailing matters of dispute and requiring that senior representatives of each party meet and attempt to settle the dispute within five (5) working days.

19.2 If the dispute is not settled by the senior representatives within 10 working days, the parties agree to refer the dispute to mediation by a single mediator. The costs of mediation will be shared equally by the parties.

19.3 If the parties cannot agree upon the identity of the mediator, the dispute will be referred for mediation to a mediator nominated by the Chair of the Surveyors Board of Queensland.

20. Termination

20.1 The Client may terminate its obligations under this Agreement:
(a) In the event of a breach by S.B. of its obligations under this Agreement, if that breach is not remedied within 14 days of written notice requiring the breach to be remedied;
(b) Upon giving S.B. 30 days written notice of its intention to do so.

20.2 S.B. may terminate its obligations under this Agreement without prior notice:
(a) In the event of monies payable to S.B. being overdue for more than 14 days;
(b) In the event of any other breach by the Client of its obligations under this Agreement, if that breach is not remedied within 14 days of written notice requiring the breach to be remedied;
(c) In the event that the Client requires S.B. to act unlawfully or unethically.

20.3 S.B. may terminate its obligations under this Agreement upon giving the Client 30 days written notice of its intention to do so.

21. General

21.1 These terms and conditions shall be governed by the laws of Queensland.

21.2 If any provision of these terms and conditions is invalid, void, illegal or unenforceable, the validity of the remaining provisions shall not be affected.

21.3 S.B. may license or assign all or any part of its rights and/or obligations under this contract without the Client's consent.

21.4 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.

21.5 All Services supplied by S.B. are subject to the laws of Queensland and S.B. takes no responsibility for changes in the law which affect the Services supplied.

21.6 Both parties warrant that they have the power to enter into this contract and have obtained all necessary authorisations to allow them to do so.

Copyright 2025 - Dynamic Surveying Solutions PTY LTD Trading as Surveyors Brisbane - ABN 26 658 990 017