Legal

Build-Surety Australia is committed to upholding the highest standards of service and integrity in all aspects of our operations. In alignment with this commitment, we rigorously adhere to the Australian Consumer Law (ACL) to ensure that all interactions on our platform are conducted fairly, transparently, and with the utmost respect for the rights of consumers and service providers.

Trust & Compliance Hub

about Australian Consumer Law (ACL)

1. Consumer Guarantees

Products and services must meet certain standards, such as being of acceptable quality, fit for purpose, and matching descriptions.

2. Unfair Contract Terms:

Standard form contracts must not contain terms that are unfair to consumers.

3. Product Safety

Regulations ensure products are safe and warnings are provided where necessary.

4. Remedies and Redress

Consumers have the right to remedies if goods or services do not meet guarantees, including repair, replacement, or refund.

5. Misleading Conduct

Businesses are prohibited from engaging in misleading or deceptive conduct, false representations, and other unfair practices.

6. Lay-by Agreements

Specific rules apply to lay-by agreements, ensuring transparency and fairness.

7. Consumer Rights

Consumers have the right to receive the goods and services they pay for and expect them to work properly without defects.
For more information please visit site now: https://www.accc.gov.au/consumers/buying-products-and-services/consumer-rights-and-guarantees

Description of Services

We pledge to provide clear, accurate, and comprehensive descriptions of the services offered through our platform. This includes detailed profiles of contractors, clear explanations of service offerings, and transparent disclosure of all terms, conditions, and fees associated with using Build-Surety Australia.

All service listings on our platform are vetted for accuracy and reliability. We commit to regular updates and reviews to ensure that information presented is current and reflective of the true nature of the services offered.

Prohibition of Misleading Conduct

We actively monitor our platform for compliance and reserve the right to take corrective action, which may include removal from the platform, against any party found to be engaging in misleading or deceptive practices.

Build-Surety Australia strictly prohibits any form of misleading or deceptive conduct by contractors or any other users of the platform. This includes but is not limited to false representations about the nature, quality, standard, or quantity of a service.

Consumer Guarantees

Services procured through Build-Surety Australia are covered by consumer guarantees as provided under the Australian Consumer Law. This ensures that services are provided with due care and skill, are fit for any specified purpose, and are delivered within a reasonable time when no time frame is set.

In the event that a service does not meet the applicable consumer guarantees, consumers are entitled to remedies, which may include a repeat of the service, a full or partial refund, or compensation for any loss or damage.

Dispute Resolution

Build-Surety Australia provides a clear and effective dispute resolution process to handle any complaints or issues arising in relation to services facilitated through our platform. This process is designed to ensure fair, efficient, and timely resolution in accordance with the principles of the ACL.

Customer Defects & Warranty Claims or dispute resolution process
Check “Common Contract Issues”Empower Your Decisions with Industry Insight Navigate Through In-Depth Case Studies Access Comprehensive Reports

Trade and Employment Compliance

At Build-Surety Australia, we are committed to ensuring full compliance with all Australian trade and employment laws. Our platform strictly adheres to the regulations that govern contractor and homeowner interactions, providing a secure and transparent environment for all parties.

B-1   Key Areas of Compliance

  • Contractor Engagement: We facilitate contracts that comply with the Building and Construction Industry laws, ensuring that all contractors operating through our platform hold the appropriate licenses and certifications.
  • Employment Standards: Build-Surety ensures that all contractors and service providers abide by Australian employment laws, including fair work standards, occupational health and safety (OHS) regulations, and statutory employee benefits.
  • Fair Trading Practices: We prioritise transparency, ensuring that all agreements between homeowners and contractors meet the legal requirements under the Australian Consumer Law (ACL), with clearly outlined terms and conditions.

B-2  Contractor & Homeowner Responsibilities:

  • Contractors: Must ensure compliance with the relevant licensing, OHS requirements, and workplace entitlements under Australian law. It is the responsibility of contractors to manage employment relationships according to the Fair Work Act 2009 and ensure all workers are provided their rights under national standards.
  • Homeowners: Should understand their rights and obligations under the ACL and other relevant Australian legislation. This includes understanding terms related to contracts, warranties, and insurance.

By adhering to these standards, we aim to protect both contractors and homeowners from legal risks and ensure a smooth, legally compliant building process.

Our platform is designed to connect homeowners and strata committees with qualified, licensed contractors and tradespeople who meet the rigorous standards set forth by Australian construction and building codes.

  • Verification of Credentials: Before listing on Build-Surety Australia, all contractors and tradespeople must provide proof of their professional licences and registrations as required by their specific trade and jurisdiction within Australia.
  • Insurance Requirements: all listed professionals maintain current Public Liability Insurance and, where applicable, Home Warranty Insurance, to provide further protection and peace of mind for our users.
  • Transparency and Documentation:  Users have the right to request information regarding the credentials of professionals they are considering for their construction projects.

We pledge to conduct our business ethically and responsibly, ensuring that our platform remains a trusted marketplace for construction services.

We encourage open communication and feedback from our users regarding the licensing and qualifications of professionals listed on our platform.

Building Code of Australia (BCA), National Construction Code (NCC)

E-1  Adherence to Standards

All contractors and tradespeople listed on Build-Surety Australia are required to comply with the Australian Standards for construction work, including but not limited to the Building Code of Australia (BCA) and relevant state or territory regulations. This ensures that all services offered and performed through our platform meet national quality and safety benchmarks.

E-2  Ongoing Compliance

Build-Surety Australia commits to regular audits and updates of our listed professionals to ensure their continued adherence to these standards. Our platform facilitates transparency and accountability, promoting trust and confidence among our users.

E-3  Our Commitment

Adherence to Codes: We ensure that all contractors and tradespeople listed on our platform are aware of and commit to complying with the BCA and NCC in their construction practices. This commitment is a prerequisite for their participation in Build-Surety Australia.

E-4  Up-to-Date Practices

The BCA and NCC are updated periodically to reflect new standards, technologies, and practices. Build-Surety Australia commits to staying informed of these changes and to communicate any relevant updates to our users, ensuring that the services provided through our platform remain in compliance.

E-5  Quality Assurance

By adhering to the BCA and NCC, Build-Surety Australia assures clients that construction work sourced through our platform meets national standards for quality, safety, and efficiency. We believe that compliance with these codes is essential to delivering superior construction outcomes and protecting the interests of homeowners and the broader community.

E-6  Up-to-Date Practices

The BCA and NCC are updated periodically to reflect new standards, technologies, and practices. Build-Surety Australia commits to staying informed of these changes and to communicate any relevant updates to our users, ensuring that the services provided through our platform remain in compliance.

E-7  Educational Resources

We provide resources and guidance for both consumers and construction professionals regarding the BCA and NCC, supporting informed decision-making and facilitating compliance with current construction standards.

E-8  User Responsibility

While Build-Surety Australia ensures that service providers commit to BCA and NCC compliance, clients are encouraged to engage in discussions with contractors about how these standards will be met in their specific projects. Such dialogue enhances transparency and ensures mutual understanding of compliance obligations and expectations.

Your Rights

Access the personal information we hold about you. Request the correction of inaccurate information. Withdraw consent for the use of your data, where applicable. Lodge a complaint regarding our data handling practices.

Our Privacy Commitments

Build-Surety Australia is deeply committed to protecting the privacy and personal information of our users, including homeowners, strata committees, and tradespeople. In every service quotation and throughout our platform.

Compliance with Privacy Act

We adhere to the Privacy Act 1988 (Cth) and the Australian Privacy Principles, ensuring that all personal information is managed responsibly and with respect for your privacy rights.

Data Security

Build-Surety Australia implements robust cybersecurity measures to safeguard your personal information against unauthorised access, disclosure, or loss.

Transparency and Control

We provide clear information about how your data is used, stored, and protected, and we ensure you have the ability to access, correct, or delete your personal information upon request.

Data Minimise and Purpose Limitation

Your personal data is used strictly for the purposes for which it was collected, and we do not share your information with third parties without your explicit consent, except as required by law.

At Build-Surety Australia, our commitment to excellence transcends conventional construction paradigms. We proudly align our values of professionalism, integrity, and ethical conduct with the Modern Slavery Act (Australian) 2018, showcasing our unwavering dedication to construction service and quality management at the highest standards.

Why it Matters

Safety as a Professional Value: Safety is deeply ingrained as a professional value at Build-Surety Australia. Our commitment to the Modern Slavery Act reflects our dedication to a professional approach that prioritises the well-being of our workforce and partners.

  1. Professionalism in Safety: Safety is the keystone of our professional ethos. Aligning with the Modern Slavery Act seamlessly integrates with our commitment to maintaining the pinnacle of safety standards throughout the construction process.
  2. Ethical Business Practices: Our adherence to the Act reflects the recognition that ethical business practices are not only crucial for the construction industry but also contribute to a fair and transparent business environment, showcasing our commitment to professionalism in every aspect of our operations.
  3. How We Demonstrate Our Commitment:Guidelines for Each Trade,Comprehensive Risk Management

We are committed to ensuring that our platform and marketplace are free from any form of discrimination or harassment. As a member of our community, you agree to uphold this commitment and refrain from engaging in any unlawful discriminatory behaviour or harassing conduct.Build-Surety Australia does not tolerate discrimination in any form.

Any user found to be violating this policy will be subject to account closure and other appropriate actions as deemed necessary by Build-Surety Australia.

All individuals, Regardless of background, Nationality,Race,Ethnicity, Sex, Gender, Gender identity, Sexual orientation, Actual or perceived disability status, Veteran status, marital status, or Other similarly protected characteristics, have equal access to opportunities.

Effective Date: [ 07 Feb 2024 ]
This User Agreement (“Agreement”) governs your use of the Build-Surety Australia website and platform ("Platform" or "Services") provided by The Remedial Builders Pty Ltd ("Build-Surety," "we," or "us"). By accessing or using the Build-Surety Australia Platform, you ("you" or "User") agree to be bound by the terms and conditions of this Agreement.

I-1. Account Setup and Management
Statement: Build-Surety Australia offers a streamlined process for registration and management of user accounts, ensuring ease of access and efficient administration.
Legal Statement: By registering an account with Build-Surety Australia, users agree to abide by the platform's account eligibility criteria, maintain accurate account profiles, and adhere to the specified account types and permissions. Users must undergo identity and location verification as required by Build-Surety Australia. Usernames and passwords are confidential and must not be shared.

I-2. Purpose of Build-Surety Australia
Statement: The primary aim of Build-Surety Australia is to facilitate transparent and reliable interactions between clients and contractors, ensuring a seamless experience from project initiation to completion.
Legal Statement: Users engaging with Build-Surety Australia acknowledge the platform's role in facilitating contractual relationships between clients and contractors, providing avenues for marketplace feedback and user-generated content. Users are responsible for understanding and complying with taxation and benefits related to their activities on the platform.

I-3. Contractual Relationship Between Client and Contractor
Statement: Build-Surety Australia delineates the contractual framework between clients and contractors, including service contracts, dispute resolution mechanisms, and confidentiality provisions.
Legal Statement: Users entering into contractual agreements on Build-Surety Australia must adhere to the specified terms and conditions outlined for service contracts and direct contracts. Disputes among users are subject to resolution mechanisms provided by Build-Surety Australia, with confidentiality obligations governing the exchange of sensitive information.

I-4. Worker Classification and Payment Processing
Statement: Build-Surety Australia provides clarity on worker classification and offers secure payment processing services for contractors, ensuring fair compensation and compliance with regulatory requirements.Legal Statement: Contractors engaging with Build-Surety Australia acknowledge the platform's guidelines for worker classification and consent to the use of payment processing services provided by Build-Surety Australia. Users must comply with payment terms and conditions outlined by the platform.

I-5. Build-Surety Fees and Taxes
Statement: Build-Surety Australia outlines transparent fee structures for contractors and clients, including applicable taxes, ensuring clarity and fairness in financial transactions.
Legal Statement: Contractors and clients utilising Build-Surety Australia acknowledge the platform's fee structures, including fees for contractors, client fees, and relevant taxes such as GST. Build-Surety Australia does not charge fees for introducing or finding projects.

I-6. Payment Terms and Escrow Services
Statement:
Build-Surety Australia offers secure payment terms and escrow services, safeguarding financial transactions and facilitating prompt disbursements to contractors upon project completion.
Legal Statement: Users engaging in financial transactions on Build-Surety Australia consent to the platform's escrow services, ensuring prompt client payments on service contracts and disbursements to contractors. Non-payment and chargeback policies are enforced to maintain financial integrity.

I-7. Non-Circumvention and Communication
Statement:
Build-Surety Australia prohibits circumvention of payment processes and facilitates secure communication channels within the platform, preserving the integrity of transactions and user privacy.
Legal Statement: Users are prohibited from circumventing payment processes facilitated by Build-Surety Australia and must communicate exclusively through the platform to preserve transaction integrity. Users may opt out of communication channels as permitted by Build-Surety Australia.

I-8. Records of Compliance
Statement:
Build-Surety Australia maintains records of user compliance with platform policies and regulations, ensuring transparency and accountability in all interactions.
Legal Statement: Users engaging with Build-Surety Australia consent to the platform's maintenance of records documenting user compliance with platform policies and regulations. These records serve to uphold transparency and accountability in all interactions.

I-9. Warranty Disclaimer
Statement:
Build-Surety Australia provides a disclaimer of warranties, outlining limitations and exclusions regarding the use of the platform and services offered.
Legal Statement: Build-Surety Australia disclaims all warranties, express or implied, regarding the platform and services offered. Users engage with the platform at their own risk, and Build-Surety Australia assumes no liability for any damages or losses incurred.

I-10. Limitation of Liability
Statement:
Build-Surety Australia limits its liability for damages or losses arising from platform usage, providing clarity on the extent of its financial responsibility.
Legal Statement: Build-Surety Australia limits its liability for any damages or losses arising from platform usage to the extent permitted by law. Users acknowledge and accept the limitations of Build-Surety Australia's financial responsibility in such instances.

I-11. Release
Statement:
Users agree to release Build-Surety Australia from any claims or liabilities arising from platform usage, acknowledging the platform's role as a facilitator of contractual relationships.
Legal Statement: By engaging with Build-Surety Australia, users release the platform from any claims or liabilities arising from platform usage. Users acknowledge Build-Surety Australia's role as a facilitator of contractual relationships between clients and contractors.

I-12. Indemnification
Statement:
Users agree to indemnify and hold harmless Build-Surety Australia from any claims or liabilities arising from their actions or transactions on the platform.
Legal Statement: Users engaging with Build-Surety Australia agree to indemnify and hold harmless the platform from any claims or liabilities arising from their actions or transactions on the platform. This indemnification extends to any third-party claims.

I-13. Agreement Term and Termination
Statement:
Build-Surety Australia delineates the terms of agreement and procedures for termination, ensuring clarity and transparency in user engagements.
Legal Statement: Users engaging with Build-Surety Australia are bound by the terms of agreement specified by the platform, including provisions for termination. Users acknowledge the procedures for account closure and data handling upon termination.

I-14. Disputes Between Users and Build-Surety
Statement:
Build-Surety Australia provides mechanisms for dispute resolution between users and outlines the applicable legal framework for resolving disputes.
Legal Statement: Users engaging with Build-Surety Australia consent to the platform's dispute resolution mechanisms and agree to abide by the applicable legal framework for resolving disputes. This includes informal resolution processes as well as binding arbitration.

I-15. General Provisions
Statement:
Build-Surety Australia sets forth general provisions governing user engagements, including modifications, assignments, and interpretation of terms.
Legal Statement: Build-Surety Australia's general provisions govern user engagements and encompass provisions related to modifications of terms, assignability of rights, and interpretation of contractual provisions. Users agree to adhere to these general provisions.

I-16. Definitions
Statement:
Build-Surety Australia provides definitions for key terms and phrases used throughout the platform, ensuring clarity and consistency in understanding.
Legal Statement: Build-Surety Australia provides definitions for key terms and phrases used throughout the platform to ensure clarity and consistency in understanding. Users are encouraged to reference these definitions for interpretation purposes.