Terms of Service

1. About these terms

These Terms of Service govern the provision of civil engineering and construction services by Civilera Pty Ltd (ABN 95 701 384 036) ("Civilera", "we", "us" or "our") to you ("you" or "the Client"). By engaging us, accepting a quote or proposal from us, or using this website, you agree to be bound by these terms. If you do not agree with any part of these terms, please do not engage our services.

2. Our services

Civilera provides civil engineering and construction services across Perth and wider Western Australia, including civil design, project management, site supervision, earthworks coordination, stormwater and roadworks consultancy, and related construction support services. The specific scope of services applicable to your engagement will be set out in the relevant quote, proposal, engagement letter or contract between us.

3. Quotes, proposals and engagement

Any quote or proposal provided by us is valid for 30 days from the date of issue unless otherwise stated in writing. A quote is an estimate based on the information available to us at the time it is prepared. Engagement is confirmed only upon written acceptance of our quote or execution of an agreement by both parties. Where site conditions, regulatory requirements or Client-supplied information differ from what was assumed, we reserve the right to revise the scope and cost accordingly.

4. Fees, invoicing and payment

Our fees are set out in the applicable quote or agreement and are exclusive of GST unless expressly stated otherwise. Invoices are payable within 14 days of issue unless another term is agreed in writing. We may charge interest on overdue amounts at a rate reasonable in the circumstances, and we may suspend services where payment is overdue. Where a deposit or progress payment is specified, work will not commence or continue until that payment is received.

5. Variations to scope

Any change to the agreed scope of services, including additional works, revised deliverables or changes to programme, must be agreed in writing as a variation before it is carried out. Variations may affect the fee, timeline and deliverables, and we will notify you of the impact before proceeding where practicable.

6. Consumer guarantees under Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any rights that you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other legislation that cannot lawfully be excluded. Our services come with guarantees that cannot be excluded under the Australian Consumer Law, including that services will be rendered with due care and skill and will be reasonably fit for purpose. Where we supply goods in connection with our services, those goods also come with guarantees that cannot be excluded. To the maximum extent permitted by law, our liability for a failure to comply with a consumer guarantee is limited, at our option, to the supplying of the services again or the payment of the cost of having the services supplied again.

7. Liability and indemnity

To the fullest extent permitted by law, and except as required by the Australian Consumer Law, Civilera is not liable for any indirect, incidental, special or consequential loss, including loss of profits, loss of revenue or loss of data, arising from the services. Our total aggregate liability for any claim arising out of or in connection with the services is limited to the fees paid by you for the specific services giving rise to the claim, except where liability arises from our negligence, fraud or wilful misconduct. You are responsible for the accuracy and completeness of information, documents and site data you provide to us.

8. Site access, safety and compliance

Where services are performed on site, you must provide safe and lawful access to the site, make known any known hazards, and comply with all applicable work health and safety laws in Western Australia. We will carry out our works in accordance with applicable Australian Standards, regulations and industry codes of practice. Delays caused by restricted access, unsafe conditions or incomplete Client obligations may affect programme and cost.

9. Intellectual property

All designs, drawings, calculations, reports, methodologies and other deliverables prepared by Civilera remain our intellectual property until all fees due have been paid in full, at which point you are granted a licence to use the deliverables for the purpose of the engagement. You must not reuse, reproduce or adapt our deliverables for other projects without our prior written consent. We retain the right to use general knowledge, skills and experience gained during the engagement.

10. Confidentiality

Each party agrees to keep confidential all commercial, technical and project information received from the other party, and to use it only for the purpose of the engagement. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law or a regulatory authority.

11. Termination and suspension

Either party may terminate an engagement by giving 14 days' written notice, or immediately where the other party commits a material breach that is not remedied within 14 days of written notice, or becomes insolvent. Upon termination, you must pay for all services performed and costs incurred up to the date of termination. We may suspend services where payment is overdue or where we are unable to perform safely or lawfully.

12. Dispute resolution and governing law

The parties agree to attempt to resolve any dispute in good faith through direct negotiation in the first instance. If the dispute is not resolved within 28 days, the parties may agree to mediation or another form of alternative dispute resolution. These terms are governed by the laws of Western Australia, and the parties submit to the jurisdiction of the courts of Western Australia.

13. Privacy

Our collection, use and handling of your personal information is governed by our Privacy Policy. By engaging our services, you consent to the handling of your information as described in that policy.

14. Changes to these terms

We may update these Terms of Service from time to time. The current version will always be published on this page with the date of last revision. Continued use of our services or website after an update constitutes acceptance of the revised terms. The terms applicable to a specific engagement are those in force at the date the engagement is confirmed, unless agreed otherwise in writing.

15. Contact us

If you have any questions about these Terms of Service, please contact Civilera Pty Ltd (ABN 95 701 384 036) by email at ceo@civilera.site or via our Contact page. To request a proposal for civil engineering or construction services in Perth, please visit our Quote page.