A. Terms of Service

Welcome to Build-Surety!Thank you for visiting the websites and associated domains of www.build-surety.com.au (collectively, the “Sites”). Build-Surety is Australia’s trusted platform for managing construction and renovation projects, helping property owners and contractors connect, collaborate, and ensure quality results. Whether you're managing a complex project or ensuring simple maintenance, Build-Surety makes it seamless.To learn more about how Build-Surety works, explore our resources section and helpful guides available on the platform.

These Terms of Service (“Terms'') govern your access to and use of the Sites and the Build-Surety Platform. We've crafted these Terms to be as clear as possible by breaking down key concepts in simple language for your ease of understanding.If you have any questions or need clarification, please don’t hesitate to reach out to our support team. Subject to these Terms, and during your Subscription Term (defined below), you may access and use Build-Surety’s digital platform and related services designed for construction and trade professionals.

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B. 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."

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C. 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.

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2. EligibilityTo use our Platform as a Service Provider, you must:

• Be of legal age in your jurisdiction.
• Possess the necessary licenses, qualifications, and permits to offer your services.
• Provide accurate and up-to-date information during the registration process.
• Comply with all applicable laws and regulations in your area of operation.

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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.

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4. Service Provider Obligations; As a Service Provider, you agree to:

• Provide accurate information about your services, qualifications, and certifications on your profile.
• Respond promptly to customer inquiries and requests.
• Conduct your services in a professional and ethical manner.
• Maintain all required licenses and permits and comply with local regulations.
• 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 When a customer expresses interest in your services through the Platform, you are obligated to respond promptly and professionally. "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 Center 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.

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D. 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.
• 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.
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‍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:

1. Structural Integrity: Evaluation of the structural components of the property to ensure they meet safety and compliance standards.
2. Workmanship: Assessment of the quality of construction work, including finishes, materials used, and adherence to industry standards.
3. Defects and Hazards: Identification and reporting of potential defects or hazards that may compromise safety, functionality, or aesthetics.
4. 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.
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‍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.
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‍6. 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.
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‍7. 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.

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E:   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.

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.
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• 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.

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F: Workplace Safety

All contractors must wear a safety harness or gear to protect themselves when working at heights exceeding 2 meters. It is your responsibility to ensure your safety. Homeowners are not permitted to allow contractors to work without proper safety systems in place."
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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.
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Responsibility for Safety: It is the responsibility of each contractor to ensure their own safety while performing work on-site.
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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.
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Compliance with Regulations: All parties involved in the construction project, including contractors and homeowners, are required to comply with relevant safety regulations and guidelines.
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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.
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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.

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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.

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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.
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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.

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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.

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G :   Service fee

• 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.

[ 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:
   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 - Rate 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

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‍Transfer to Build-Surety Safety Account:
As part of our commitment to ensuring client satisfaction and peace of mind, “ % 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.
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‍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%.

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Note: Our service rates of 5%, 6%, or 7% are calculated from your total construction cost and will be deducted from your initial payment.

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H: Refund

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.

• 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.
  A. 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.
  B. 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.
  C. 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.
  D. 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.

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I: 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."As a subcontractor, I acknowledge and agree to fulfil the following obligations:
  1. Perform all assigned work with the highest level of quality and workmanship, complying with industry standards and specifications outlined in the contract.
  2. Complete all tasks within the agreed-upon timeline to ensure timely project completion and avoid delays.
  3. Adhere to all relevant building codes, regulations, and safety standards applicable to the work being performed.
  4. Maintain open and effective communication with the main contractor regarding progress, challenges, and any necessary adjustments to the work.
  5. Cooperate with other subcontractors and tradespeople on-site to ensure smooth coordination and integration of work.
  6. Provide accurate and timely documentation, including invoices, progress reports, and any required certifications or warranties.
  7. Keep the work area clean and organised to minimise safety hazards and disruptions to other trades.
  8. Address any disputes or issues promptly and professionally, either directly with the main contractor or through the agreed-upon dispute resolution process.

J:  Agent and management

Terms and Conditions:

• Agent/ManagementWelcome 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 minimisation 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.

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K:  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:

1. 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.
2. Parties are encouraged to seek legal advice if disputes cannot be resolved through the mechanisms outlined herein.
3. Please review and customise the clause according to your specific requirements and consult with legal advisors to ensure compliance with applicable laws and regulations."

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L:  Build-Surety Cookie Policy

At Build-Surety, we are committed to ensuring transparency and protecting your privacy.

This Cookie Policy explains how we use cookies and similar technologies on our platform to provide you with a better experience, track usage, and enhance functionality.

‍What Are Cookies? Cookies are small text files that are stored on your device when you visit our website. They help us understand how you interact with our platform, enabling us to improve performance and offer personalised features.

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‍Types of Cookies We Use

• Essential Cookies: These cookies are necessary for the website to function properly. They enable core functionality, such as security, accessibility, and site navigation.
• Performance & Analytics Cookies:These cookies help us understand how visitors interact with our site by collecting and reporting information anonymously. This allows us to improve website performance and the user experience.
• Functionality Cookies:These cookies allow us to remember your preferences, such as login details or project settings, making your next visit more convenient and personalised.
• Targeting/Advertising Cookies:In the future, we may use these cookies to deliver more relevant content and ads based on your interests and browsing behaviour.
• ‍Managing CookiesYou can manage your cookie preferences at any time by adjusting your browser settings. Most browsers allow you to block or delete cookies, but please note that some features of our platform may not function correctly if you disable cookies.For more detailed information on how we use your data, please refer to ourPrivacy Policy.Last modified

date: Feb  2025