Build Together Project Management terms and conditions

Last updated: 16 December 2025

Summary

A. Build Together specialises in providing consulting services that relate to the practical components and implications of building contracts in Australia (Services).

B. Build Together is not an Australian legal practitioner and does not provide legal advice of any kind. The Services outlined in the Proposal do not in any way constitute legal advice. You acknowledge that you should seek independent legal advice from a qualified Australian legal practitioner regarding any legal matters arising from your building contract.

C. You have engaged Build Together to provide the Services outlined in the Proposal.

D. By continuing to work with Build Together after receiving these Client Service Terms and Conditions, You warrant that you have read and accept the terms and conditions set out below.

E. These Client Service Terms and Conditions and the Proposal are collectively referred to as the Agreement (Agreement).

The Parties agree as follows.

The Engagement
(a) Build Together agrees to perform the Services for You, for the Fees as set out in the Proposal. (b) Build Together will work with You to help You identify and understand the practical components and steps of your building contract. (c) Upon acceptance of this Agreement, Build Together agrees to commence the Services for You. (d) Build Together will provide the Services online via email, unless otherwise agreed between the parties.
Fees (a) In return for You agreeing to pay Build Together the Fees outlined in the Proposal, Build Together will provide the Services to You. (b) You agree to make payment of the Fees pursuant to the payment terms outlined in each invoice issued to You. (c) In the event that any payment under this Agreement is not made in full within 7 days of the due date and following written notice to You of the overdue payment, Build Together is entitled to charge You interest at the rate of 5% per annum on the overdue amount, calculated daily from the date of the written notice. (d) You agree that if You default on any payments due and payable under this Agreement, any reasonable costs incurred by Build Together for steps taken to enforce payment terms (including reasonable legal costs on a solicitor-client basis) will be recoverable and payable by You, subject to any limitations under the Australian Consumer Law. If this occurs, Build Together is entitled to cease the Services until all outstanding amounts have been paid in full. (e) You acknowledge and agree that Build Together is not responsible for any third-party payment processing fees, bank fees, transaction fees, currency conversion fees and/or adverse currency fluctuations. (f) Build Together will provide You with a refund of the Fees in the event she is unable to continue to provide the Services, or as otherwise required under the Australian Consumer Law including for major failures with the Services (Refund). (g) Unless otherwise stated, all amounts expressed and described on or in connection with this Agreement are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999.
Build Together’s Obligations (a) Throughout the term of the business relationship, Build Together agrees: i. to perform the Services with due care and skill with knowledge of best industry practices and procedures necessary to undertake the Services; ii. to comply with all applicable laws, regulations and standards in performing Services; and iii. to inform You of any changes in the Services or any potential issues, real or reasonably anticipated, with the Services. (b) Build Together has the right to make any changes to the Services which are necessary to comply with any applicable law.
Your Obligations (a) You agree to provide all necessary information that may be requested by Build Together, in a timely manner to facilitate Build Together providing the Services to You. (b) You agree to collaborate and cooperate with Build Together and comply with Build Together’s reasonable requests. If Build Together, acting reasonably, forms the view that You are no longer able to collaborate or cooperate to the extent required for the provision of the Services after providing You with written notice and a reasonable opportunity to remedy the situation, Build Togetherreserves the right to terminate the Services as per the termination clause. (c) You agree during the Term You agree that You will: i. communicate with Build Together respectfully; ii. co-operate with Build Together as Build Together reasonably requires; iii. provide the information and documentation that Build Together reasonably requires; iv. only contact Build Together via email unless otherwise agreed; v. keep confidential, and not provide to any person any information, documentation or material provided by Build Together;
Refunds The Services once provided are generally non-refundable, except as required under the Australian Consumer Law, including for major failures with the Services, or where Build Together has failed to perform the Services with due care and skill.
Termination of this Agreement (a) Either party may terminate this Agreement for any material breach of this Agreement by providing the other party with not less than 7 days written notice via email, specifying the breach and providing the breaching party with an opportunity to remedy the breach within that period. (b) Either party may terminate this Agreement for any reason, by providing the other party with not less than 30 days written notice via email. (c) If this Agreement is terminated for any reason other than a material breach by Build Together or Build Together's inability to provide the Services, You agree to pay Build Together for the portion of the Services completed up to the date and time of termination, less any Deposit already paid. If termination is due to Build Together's material breach or inability to provide Services, You are entitled to a refund of any prepaid Fees for Services not yet provided.
Intellectual Property Rights (a) For the purpose of this Agreement, Intellectual Property includes business names, copyrights, trademarks, designs, materials, documentation, processes, frameworks, research and resources. (b) Build Together acknowledges that You (or Your associated entities or persons) own all Your pre-existing Intellectual Property. (c) You acknowledge that Build Together(or its associated entities or persons) owns all pre-existing Intellectual Property of Build Together, and any new Intellectual Property created by Build Together in connection with the Services, that now exists or that later comes into existence. (d) The parties agree not to infringe each other’s Intellectual Property rights. (e) Each party agrees to indemnify each other fully against all liabilities, costs and expenses which the other party may incur as a result of any breach of this clause. (f) The obligations accepted by the parties under this clause survive termination or expiry of this Agreement.
Warranties 8.1 Warranties (a) The Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, You are entitled to cancel your service contract with us, and You are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation. (b) Build Together warrants that it will use reasonable care and skill in performing the Services to the standard generally accepted within the industry, sector or profession in which Build Together operates for the type of Services provided by Build Together. (c) If Build Together performs the Services (or any part of the Services) negligently or materially in breach of this agreement, then, if requested by You, Build Together will re-perform the relevant part of the Services, subject to the termination clause. (d) Your request referred to in the above clause must be made within 1 month of the date Build Together performed the Services (or that part of the Services) that Build Together is to re-perform. (e) You warrant that You will: i. not rely on any financial information or advice provided by Build Together; ii. seek independent financial advice from a qualified accountant, financial advisor or other relevant financial professional as to the suitability of any financial information or advice provided by Build Together; and iii. seek independent legal advice from a qualified Australian legal practitioner regarding any legal matters arising from your building contract. 8.2 No Warranties in Relation to Outcome Build Together will use its best efforts and take all reasonable steps to help You achieve your desired results. However, Build Together makes no warranty that the Services will meet Your requirements or that all clients will achieve the same results. 8.3 Survival of Obligations The obligations accepted by Build Together and You under this clause survive termination or expiry of this Agreement.
Disclaimer (a) The Services provided under this Agreement are consulting services only and are not legal advice or legal services. (b) Build Together is not an Australian legal practitioner and does not provide legal advice. (c) You are solely responsible for creating and implementing Your own financial and practical decisions, choices, actions and results arising out of or resulting from the Services and Your interactions with Build Together. As such, You agree that Build Together is not and will not be liable or responsible for any actions or inaction, including effects on Your personal life or finances, or for any direct or indirect result of any Services provided by Build Together. (d) You understand that the Services, and any information You receive through Your involvement in the Services, or through any materials and documents provided to You are not meant to substitute business, financial, or legal advice, and are provided for general information and guidance purposes only. (e) Build Together recommends You seek independent accounting, legal or financial advice before relying on any information, tools, case examples, or guidance provided in the Services. Build Together will not be liable in any way for Your use of, or reliance upon, the information provided to You.
Liability, Indemnity and Waivers 10.1. Liability (a) Subject to clause 10.1(c) below, Build Together’s total liability arising out of or in connection with the Services or this Agreement, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total Fees paid by You under this Agreement. This limitation does not apply to liability that cannot be excluded or limited by law, including liability for fraud, wilful misconduct, or breach of consumer guarantees under the Australian Consumer Law. (b) Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy conferred on You by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement. (c) Subject to any liability that cannot be excluded or limited by law (including under the Australian Consumer Law), You expressly understand and agree that Build Together, its affiliates, employees, agents, contributors and licensors will not be liable to You for any indirect, incidental, special consequential or exemplary damages which may be incurred by You, however caused and under any theory of liability. This will include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss. 10.2. Indemnity You agree to indemnify and hold Build Together harmless from and against all claims and losses arising from loss, damage, liability, injury to Build Together, its employees and third parties, infringement of third party intellectual property, or third party losses by reason of or arising out of any information supplied to You by Build Together, its employees or agents, or supplied to Build Together by You within or without the scope of this Agreement. 10.3. Waivers (a) A waiver of any right, power or remedy under this Agreement must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion. (b) The fact that a party fails to do, or delays in doing, something the party is entitled to do under this Agreement does not amount to a waiver. 10.4. Survival of Obligations The obligations under this clause survive termination or expiry of this Agreement.
Disclosure and Use of Confidential Information (a) For the purpose of this Agreement, Confidential Information includes any information received by the receiving party during the term of this Agreement, which is not publicly available. For the sake of clarity, Build Together will treat the building contract and any related documentation provided by You as confidential. (b) Each party agrees to keep the other party’s Confidential Information confidential and not deal with it in any way that might prejudice its confidentiality. (c) You and Build Together acknowledge that information resulting from the activities of Build Together pursuant to this Agreement will also be regarded as Confidential Information. The parties agree that their obligations under this clause extend to this category of information. (d) You acknowledge and agree that during the provision of the Services, Build Together may use third-party software from time to time, including for the purpose of conducting required surveys. In this event, You consent to Build Together disclosing Confidential Information to such third parties only to the extent reasonably necessary for the provision of the Services, provided that Build Together ensures such third parties are bound by confidentiality obligations no less stringent than those in this Agreement. Build Together will provide You with details of any third-party software that will be used to process Your Confidential Information, and You have the right to withhold consent to the use of specific third-party software. (e) The parties’ obligations in relation to the Confidential Information will continue for as long as the Confidential Information is maintained on a confidential basis by the disclosing party. (f) The Confidential Information does not include information which: i. is generally available in the public domain otherwise than as a result of a breach of the above clauses by the receiving party; or ii. was known by the receiving party prior to the disclosing party disclosing the information to the receiving party. (g) Each party agrees that other party may require any of its staff of agents to sign a confidentiality agreement. (h) Each party agrees to indemnify the other party fully against all liabilities, costs and expenses which that other party may incur as a result of any breach of this clause. (i) Each party acknowledges that damages may be an inadequate remedy for breach of this clause and that the other party may obtain injunctive relief against any breach of this clause. (j) The obligations accepted by the parties under this clause survive termination or expiry of this Agreement.
Force Majeure (a) If circumstances beyond Build Together’s control prevent or hinder its provision of the Services, Build Together is excused from its obligation to provide the Services while those circumstances continue, provided that Build Together provides prompt written notice to You of such circumstances and uses reasonable efforts to resume performance as soon as practicable. If such circumstances continue for more than 30 days, either party may elect to terminate this Agreement upon written notice to the other party. If Build Together elects to terminate under this clause, You will be entitled to a pro-rata refund of any fees paid in advance for Services not yet provided. (b) Circumstances beyond Build Together’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems. (c) For the sake of clarity, if in Build Together’s reasonable opinion, the provision of the Services will be affected by a pandemic, Build Together may suspend the provision of the Services in part or in whole to You indefinitely. Additionally, Build Together will not be liable for any losses or damage due to a pandemic. If You choose to terminate an agreement due to a pandemic, the termination clause will apply.
No Partnership or Agency Nothing contained or implied in this Agreement will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other party to any obligation.
Governing Law and Jurisdiction This Agreement is governed by the laws of Victoria, Australia. In the event of any dispute arising out of or in relation to the Services, the parties agree that Victoria will be the venue for resolving any disputes.
Dispute Resolution and Mediation If a dispute arises out of, or relates to this Agreement, either party may not commence any legal proceedings in relation to the dispute (except for urgent interlocutory relief), unless they have first attempted in good faith to resolve the disagreement through mediation with an appropriate mediator to be appointed by agreement between the parties or, failing agreement within 14 days of a written request for mediation, by the Chair of the Resolution Institute (Victoria Chapter) their or nominee. This clause does not prevent a party from commencing proceedings to enforce a statutory right that cannot be excluded by agreement or where urgent interlocutory relief is required.
Severance Any provision of this Agreement, which is prohibited or unenforceable in any jurisdiction, will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.
Assignment You agree that Build Together may delegate and/or subcontract any obligations under this Agreement for the purpose of providing the Services, as required and at the discretion of Build Together, to any party without Your consent. If Build Together does exercise its rights under this clause, Build Together remains liable and responsible to You in respect of the Services.
Entire Agreement and Modifications The parties confirm and acknowledge that these Terms of Service and the accompanying Proposal are the entire agreement between them and supersedes and overrides all previous communications, either oral or written, between the parties.