REVISION: 2

DATE: February 7th 2025

EFFECTIVE: February 7th 2025

Terms and Conditions of Service. 

1. Introduction

Welcome to Leakfix. These Terms and Conditions apply to all services we provide, including technical consulting, waterproofing installations, and maintenance.

By engaging our services, you agree to these Terms and Conditions. They are designed to ensure clear communication and a smooth working relationship. These terms take effect on January 1, 2025 and will be available on our website. Please review them carefully. If you have any questions, contact us at hello@leakfix.com.au .

2. Scope of Services

Leakfix provides technical consulting, waterproofing installations, and maintenance services. The specific details and scope of these services are outlined in Table 1 of our fee proposal.

Our services include:

• Water Ingress Investigations – Applicable to all classes of buildings, including commercial and residential, and available Australia-wide.

• Leak Emergency First Response – Available in Queensland only.

• Waterproofing Installations – Available in Queensland and New South Wales.

• Technical Consulting – Offered across Australia and internationally.

Please refer to Table 1 in your proposal for the scope, limitations, and specific details of your engagement. For any clarifications, contact us directly.

3. Client Responsibilities

To ensure the smooth delivery of services, clients are responsible for the following to the maximum extent permitted by law:

3.1 Unless Stated Otherwise in Table 1, material Supply and Management: Providing all required materials for the project, including their storage, handling, and management. Ensuring materials meet project specifications and are available on time.

3.2 Unless Stated Otherwise in Table 1, site Access and Conditions: Providing safe, uninterrupted access to the worksite during agreed working hours.

Ensuring the worksite complies with all applicable safety and legal requirements.

3.2 Accurate Information: Supplying accurate and complete information about the project, including site conditions, drawings, and specifications. Notifying Leakfix immediately of any changes that may affect the scope of work.

3.3 Approvals and Permissions: Obtaining all necessary permits, approvals, and consents required for the work.

3.4 Timely Communication:Responding promptly to requests for decisions, clarifications, or approvals to prevent delays.

3.5 Payment Obligations:Ensuring timely payment of all invoices as per the agreed terms. Late payments may result in work suspension or termination.

3.5 Unless Stated Otherwise in Table 1, Liability for Materials and Site Conditions: Taking responsibility for any delays or defects caused by client-supplied materials or pre-existing site conditions.

3.6 Unless Stated Otherwise in Table 1, Handling all project management tasks, including arranging trades, deliveries, and other on-site coordination tasks, unless otherwise agreed in writing.

4. Materials and Specifications

4.1 Leakfix will provide performance-based specifications only, outlining the required performance criteria and without specifying brand names, unless specifically instructed by the client.

4.2 Unless Stated Otherwise in Table 1, the procurement, storage, and management of materials are the sole responsibility of the client.

4.3 Unless Stated Otherwise in Table 1, clients must ensure that all materials supplied meet the performance specifications provided by Leakfix. Any delays, defects, or additional costs arising from non-compliant materials are the client’s responsibility.

4.4 Unless Stated Otherwise in Table 1, Leakfix accepts no liability for the quality, suitability, or performance of client-procured materials.

4.5 Leakfix reserves the right to refuse to work with certain materials that, in our professional judgment, are unsuitable, unsafe, or non-compliant with the project requirements.

5. Payment Terms

5.1 All invoices must be paid within 7 days of issuance.

5.2 Invoices will be issued weekly on Fridays or at the end of each workday, depending on the size and nature of the engagement.

5.3 Payments must be made in full, without deductions or set-offs, by the due date stated on the invoice.

5.3 Leakfix reserves the right to suspend or terminate services if payments are not received on time.

5.4 Payment terms are in accordance with relevant laws and regulations, including but not limited to:

• The Building Industry Fairness (Security of Payment) Act 2017 (QLD).

• The Building and Construction Industry Security of Payment Act 1999 (NSW).

5.5 Any additional costs incurred due to late payments, such as legal fees or interest, will be charged to the client as permitted by law.

6. Engagements and Contracts

6.1 If required by law to provide a formal contract, Leakfix will issue one that complies with all relevant local requirements.

6.2 If you are a main contractor and wish for Leakfix to sign your subcontract, it must be strictly aligned with our Terms and Conditions. This alignment ensures clarity and fairness for both parties.

6.3 Leakfix reserves the right to refuse any work where subcontract agreements are not in compliance with our Terms and Conditions. We will not proceed with services unless this condition is met.

6.4 For smaller engagements, contracts may not be necessary. Please refer to your local government regulations to confirm when formal agreements are required.

7. Warranty and Workmanship

7.1 Leakfix will provide workmanship warranties as required by applicable laws and regulations.

7.2 The scope and duration of the warranty will comply with the statutory requirements relevant to the location of the project.

7.3 Warranties apply solely to the workmanship provided by Leakfix and do not cover materials supplied by the client or issues arising from improper use, maintenance, or external factors beyond our control.

7.4 For additional details on warranty coverage, please refer to the specific terms outlined in your project agreement or contact us directly.

7.5 Certain repair work may not comply with all provisions of the relevant Australian Standards due to the nature of remedial work. However, Leakfix aims to meet the performance requirements of the National Construction Code (NCC) unless explicitly stated otherwise.

7.6 While Leakfix strives to resolve all water ingress issues, particularly in remedial settings, it is important to note that some problems may not be entirely resolved with initial efforts. In many cases, a staged elimination approach is required to fully address underlying issues.

8. Limitation of Liability

8.1 Leakfix’s liability is limited to the maximum extent permitted by law.

8.2 Under no circumstances will Leakfix be liable for:

• Indirect, incidental, or consequential damages, including loss of profits or business.

• Issues arising from materials supplied by the client or third parties.

• Defects or damages caused by pre-existing site conditions, improper use, maintenance, or external factors beyond Leakfix’s control.

8.3 Leakfix’s total liability for any claim, whether in contract, tort, or otherwise, will not exceed the total amount paid by the client for the specific services giving rise to the claim.

8.4 This limitation does not exclude any guarantees, warranties, rights, or remedies that cannot be excluded under the Australian Consumer Law or other applicable legislation.

9. Dispute Resolution

9.1 Any disputes arising out of or relating to these Terms and Conditions, or the services provided by Leakfix, must first be addressed through mediation. 

9.2 The parties agree to participate in good faith in mediation, to be conducted by an independent mediator agreed upon by both parties. If the parties cannot agree on a mediator, one will be appointed in accordance with the rules of a recognized mediation service.

9.3 If mediation fails to resolve the dispute, the matter will be referred to binding arbitration or litigation, to be conducted in Queensland, Australia.

9.4 The exclusive jurisdiction for any legal proceedings will be the courts located on the Gold Coast, Queensland.

9.5 Each party will bear its own costs for mediation, and any subsequent legal proceedings unless otherwise ordered by the court or agreed in writing.

10. Termination of Services

10.1 Leakfix reserves the right to terminate services at any time if the client:

• Fails to comply with these Terms and Conditions.

• Does not provide timely payment of invoices.

• Fails to meet their responsibilities as outlined in these Terms and Conditions.

10.2 The client may terminate services by providing written notice to Leakfix. Any termination must comply with applicable laws and regulations.

10.3 Upon termination:

• The client will remain liable for any outstanding payments for work completed up to the date of termination.

• Leakfix will return any unused materials provided by the client, where applicable, and provide a summary of the work completed.

10.4 Leakfix will not be held liable for any delays, additional costs, or damages resulting from the termination of services.

10.5 Termination does not affect the enforceability of any provisions in these Terms and Conditions that are intended to survive termination, including but not limited to payment obligations, limitation of liability, and dispute resolution.

11. Intellectual Property

12.1 All intellectual property created, developed, or provided by Leakfix during the course of delivering services, including but not limited to designs, specifications, reports, drawings, methodologies, and other work products, remains the sole property of Leakfix.

12.2 Clients are granted a non-exclusive, non-transferable license to use Leakfix’s intellectual property solely for the purpose for which it was provided and only after full payment has been received by Leakfix.

12.3 Until payment is received in full:

• Clients have no rights to use, reproduce, distribute, or otherwise benefit from Leakfix’s intellectual property.

• Leakfix reserves the right to revoke access to any intellectual property provided as part of the engagement.

• The client agrees not to modify, replicate, or share Leakfix’s intellectual property without prior written consent.

12.4 Any unauthorized use of Leakfix’s intellectual property constitutes a breach of these Terms and Conditions, and Leakfix reserves the right to take legal action to protect its rights.

12.5 This clause survives the termination of services and remains enforceable indefinitely.

12. Amendments

12.1 Leakfix reserves the right to amend these Terms and Conditions at any time to reflect changes in laws, regulations, industry standards, or business practices.

12.2 Any amendments will take effect immediately upon being published on the Leakfix website at www.leakfix.com.au/terms-conditions.

12.3 Clients will be notified of significant changes through the contact details provided during engagement or via a prominent notice on the Leakfix website.

12.4 Continued use of Leakfix’s services after any amendments constitutes acceptance of the updated Terms and Conditions.

12.5 It is the client’s responsibility to review the Terms and Conditions periodically to remain informed about any updates.

13. Privacy Policy

Leakfix collects and uses client information solely to provide services and manage projects. We respect your privacy and comply with the Privacy Act 1988 (Cth). Your information will not be shared without your consent, except as required by law or necessary to complete the agreed services.

14. Acceptance of Terms

14.1 By engaging Leakfix’s services, the client acknowledges and agrees to fully comply with these Terms and Conditions.

14.2 Clients must respect and adhere to all terms outlined herein. Any attempt to negotiate, disregard, or breach these Terms and Conditions may result in the immediate termination of services.

14.2 Leakfix will not proceed with any work unless the client has demonstrated their acceptance of these Terms and Conditions through written confirmation, payment of the initial invoice, or any other form of agreement deemed valid by Leakfix.

14.3 Any actions taken by the client that conflict with these Terms and Conditions, including attempts to impose conflicting terms, will be considered a breach of contract and may result in legal action to protect Leakfix’s rights.

14.4 These Terms and Conditions are non-negotiable and designed to ensure fairness, clarity, and the successful completion of all engagements.