Terms of service

1. About these terms

These terms of service ("Terms") govern your use of the website at pmroperationstec.site and, where applicable, the supply of services by PMR Operations Pty Ltd (ABN 99 701 259 378, ACN 701 259 378) — "we", "us" or "the company".

By accessing this website you accept these Terms. If you do not accept them, please do not use the website.

Where we supply services to you, these Terms apply together with the written scope, interval and quotation we provide for that engagement. If there is any inconsistency, the signed or accepted written scope prevails over these Terms to the extent of the inconsistency.

2. Use of this website

The content of this website is provided for general information about our services. It is not advice, and it does not constitute an offer capable of acceptance. Descriptions of services are indicative — the services actually supplied to you are those set out in your written scope.

We take reasonable care to keep the site accurate and available, but we do not warrant that it will be uninterrupted, error-free or free from harmful components. We may change, suspend or withdraw any part of the site at any time without notice.

You must not use this website in any way that breaches any applicable law, interferes with its operation or security, or attempts to gain unauthorised access to any system connected to it.

3. Engaging us

An engagement begins when we have provided a written scope and quotation and you have accepted it in writing, including by email. No binding agreement arises from an enquiry, a site walk-through, or an indicative discussion of price.

Quotations are valid for 30 days from issue unless stated otherwise, and are based on the site conditions and information available to us at the time they are prepared.

Where conditions differ materially from those on which a quotation was based — for example, undisclosed assets, restricted access, or work that turns out to require a licensed trade — we will notify you and provide a revised quotation before proceeding.

4. Scope of services

We provide operational services: scheduled site attendance and inspection, plant and equipment service scheduling, property condition checks, logistics and materials movement, small works coordination, and the keeping of operational and maintenance records.

The following are outside our scope and are not supplied by us:

• Work requiring a licence or registration we do not hold, including electrical, plumbing, gas and structural work. Such work is performed by appropriately licensed third-party contractors.
• Estate agency and property management services regulated under Victorian legislation. We do not let properties, collect rent, act as an agent for a landlord, or hold money on trust.
• Building surveying, engineering, pest inspection, and other services requiring a professional registration we do not hold. Our inspections are visual, non-invasive operational checks and are not building or pest inspection reports.
• Security monitoring, guarding or emergency response. Attendance is scheduled, not continuous, and we do not warrant that a site is monitored between visits.

Our records and reports describe what was observed on the date of attendance. They are not a warranty as to the ongoing condition of a site, asset or building, and should not be relied on as a substitute for a professional inspection.

5. Site access and your obligations

You must, at your own cost:

• Provide safe and lawful access to the site at the scheduled times, including keys, codes, alarm details and any permissions needed from an owners' corporation, tenant or occupier;
• Tell us about known hazards at the site, including asbestos, unsafe structures, contaminated ground, aggressive animals and any electrical or structural defects;
• Ensure you have the authority to instruct us in relation to the site, and that instructing us does not breach an obligation you owe to anyone else;
• Keep insurance appropriate to the site and its assets. Our services are not a substitute for insurance;
• Respond within a reasonable time to matters we escalate for a decision.

If we attend as scheduled and cannot access the site through no fault of ours, we may charge a reasonable attendance fee for that visit.

Either party may reschedule an attendance by giving reasonable notice. We may reschedule where weather or site conditions would make attendance unsafe or ineffective, and will tell you before the scheduled date where practicable.

6. Third-party contractors

Where licensed or specialist work is required, we will identify suitable contractors and, if you instruct us to, arrange and coordinate their attendance.

Unless we expressly agree otherwise in writing, a contractor engaged for your site is engaged by you and contracts directly with you. We act as coordinator, not as principal contractor. We are not responsible for the quality, timeliness, pricing or conduct of a third-party contractor, and any warranty for their work is given by them.

We take reasonable steps to check that contractors we recommend hold the licences and insurances their work requires, but we do not guarantee the currency or adequacy of those licences or policies.

7. Fees and payment

Fees are those set out in the accepted written scope or quotation. Unless stated otherwise, quoted amounts are in Australian dollars and are inclusive of GST where GST applies.

Recurring services are invoiced on the agreed cycle. Ad hoc work, materials, disbursements and third-party costs are invoiced as incurred.

Invoices are payable within 14 days of issue unless the scope states otherwise. We may charge interest on overdue amounts at a reasonable commercial rate, and may recover reasonable costs of collection.

We will not incur costs outside the agreed scope without your prior approval, except where immediate action is reasonably necessary to prevent injury, or to prevent or limit imminent damage to property, in which case we will notify you as soon as practicable.

8. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). Among other things, services must be supplied with due care and skill, be fit for any purpose made known to us, and be supplied within a reasonable time.

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy conferred by the Australian Consumer Law or any other law where to do so would be unlawful or would render a provision void.

For a major failure with a service, you are entitled to cancel the service contract and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have the problem rectified in a reasonable time and, if this is not done, to cancel the contract and obtain a refund for the unused portion.

To the extent permitted by law, and where the Australian Consumer Law permits us to do so, our liability for a failure to comply with a consumer guarantee in relation to services not ordinarily acquired for personal, domestic or household use is limited, at our option, to resupplying the services or paying the cost of having them resupplied.

9. Limitation of liability

Subject to clause 8 and to any liability that cannot lawfully be excluded:

• Our total aggregate liability arising out of or in connection with an engagement, whether in contract, tort (including negligence), under statute or otherwise, is limited to the total fees paid by you to us for the services in the twelve months preceding the event giving rise to the liability;
• We are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of bookings or rental income, loss of opportunity, or loss of or corruption of data;
• We are not liable for loss or damage caused or contributed to by inaccurate or incomplete information you provide, by your failure to act on a matter we escalated to you, or by the acts or omissions of a third-party contractor engaged by you;
• We are not liable for deterioration, failure or loss occurring at a site between scheduled attendances, our services being periodic rather than continuous.

Our liability is reduced proportionately to the extent that your act or omission, or that of a person for whom you are responsible, caused or contributed to the loss.

10. Intellectual property

All content on this website — including text, layout, stylesheets, graphics, iconography and the arrangement of them — is owned by or licensed to PMR Operations Pty Ltd and is protected by the Copyright Act 1968 (Cth).

You may view the site and print or download extracts for your own non-commercial use. You must not otherwise reproduce, republish, adapt or commercially exploit any part of it without our prior written consent.

Checklists, scope templates, register formats and reporting formats we develop remain our intellectual property. On payment of all amounts owing, you receive a perpetual, non-exclusive licence to use and retain the records and reports we produce for your site for your own purposes, including providing them to an insurer, purchaser or incoming manager.

Our business name and marks may not be used without our written consent.

11. Confidentiality and privacy

Each party must keep confidential the non-public information of the other party disclosed in connection with an engagement, and use it only for the purposes of that engagement. This does not apply to information that is public through no breach, was already lawfully held, or is required to be disclosed by law.

Access credentials, keys and alarm codes are treated as confidential and are disclosed only to those who need them to perform the services.

Personal information is handled in accordance with our privacy policy and the Privacy Act 1988 (Cth).

12. Suspension and termination

Either party may terminate a recurring engagement by giving 30 days' written notice. Fees for services performed up to the termination date remain payable.

We may suspend or terminate services immediately by written notice if you fail to pay an undisputed invoice within 14 days of a reminder, if safe or lawful access to the site cannot be provided, if continuing would require us to breach a law or perform work requiring a licence we do not hold, or if you commit a material breach of these Terms that is not remedied within 14 days of notice.

On termination we will provide the records and reports produced for your site, subject to payment of all amounts owing. Clauses 9, 10, 11 and 15 survive termination.

13. Matters beyond our control

We are not liable for any failure or delay in performing our obligations caused by an event beyond our reasonable control, including severe weather, storm, fire, flood, natural disaster, epidemic, industrial action, failure of utilities or telecommunications, road closure, or an act of a government authority. We will notify you and resume performance as soon as reasonably practicable.

14. General

These Terms, together with the accepted scope and quotation, form the entire agreement between us in relation to their subject matter and supersede any prior discussions or representations.

We may amend these Terms from time to time by publishing an updated version on this page. Amendments do not affect an engagement already underway unless agreed in writing.

You may not assign your rights under an engagement without our written consent, which will not be unreasonably withheld. If any provision is found to be invalid or unenforceable, it is severed and the remaining provisions continue in force. A failure by either party to enforce a provision is not a waiver of it.

Notices must be in writing and may be given by email to the address each party has most recently notified. Our address for notices is [email protected].

15. Governing law and jurisdiction

These Terms and any engagement are governed by the laws of the State of Victoria, Australia, and the Commonwealth of Australia where applicable.

Each party submits to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from them.

Before commencing proceedings, the parties will use reasonable endeavours to resolve any dispute by discussion in good faith. This does not prevent either party seeking urgent interlocutory relief, and does not limit any right you have to make a complaint to Consumer Affairs Victoria or the Australian Competition and Consumer Commission.

These Terms are provided for general information and do not constitute legal advice.