GENERAL SERVICE CONTRACT
Between:
Beyond The Blueprint Pty Ltd (hereinafter referred to as “the Company,” “Beyond The Blueprint,” “we,” “us,” or “our”)
And:
The Customer (hereinafter referred to as “the Customer,” “you,” or “your”)
Effective Date: This Contract becomes effective from the date of the first consultation and/or engagement with Beyond The Blueprint, whichever occurs first.
1. Definitions
In this Contract, unless the context otherwise requires:
1.1. “Alternative Product” means any product, material, or methodology requested by the Customer for use in the Services that is different from, or cheaper than, a Suggested Product.
1.2. “Beyond The Blueprint” or “the Company” or “we”, “us”, “our” refers to Beyond The Blueprint Pty Ltd (ACN: [Insert ACN Here]) and its authorised representatives, employees, and contractors.
1.3. “Contract” means this General Service Contract, including any attached schedules, accepted quotations, service request forms, or other written agreements explicitly incorporated by reference.
1.4. “Customer” or “you” or “your” refers to the person, persons, or entity engaging Beyond The Blueprint for Services, as identified above.
1.5. “OH&S” refers to Occupational Health and Safety.
1.6. “Property Manager” refers to any individual or entity authorised by the Customer to manage access to a tenanted property where Services are to be performed, including but not limited to real estate agents.
1.7. “Services” means the specific tasks, works, or consultation services provided by Beyond The Blueprint to the Customer as detailed in the accepted quotation, service request form, or other written agreement between the parties.
1.8. “Suggested Products” means any products, materials, or methodologies professionally recommended by Beyond The Blueprint for the successful and durable completion of the Services.
1.9. “System” refers to Beyond The Blueprint’s internal custom-built Task Management and Project Management system.
1.10. “Third-Party Providers” means any independent contractors, subcontractors, suppliers, or other external entities engaged by Beyond The Blueprint to assist in the provision of the Services.
2. Services
2.1. Beyond The Blueprint agrees to provide services as specifically agreed upon in writing (e.g., via quote, service request form, email, or other agreed communication) between the Company and the Customer (“the Services”). The scope of Services will be detailed in the specific service request or quotation provided to and accepted by the Customer.
3. Use of Third-Party Providers
3.1. The Customer acknowledges and agrees that Beyond The Blueprint may, at its sole discretion and choice, utilise Third-Party Providers to assist with the provisioning of Services, rectification works, labour assistance, or any other aspect required for the completion of the Services.
3.2. Beyond The Blueprint will exercise reasonable care in selecting and managing such Third-Party Providers.
3.3. The engagement of Third-Party Providers shall not diminish Beyond The Blueprint’s obligations to the Customer under this Contract, except where otherwise expressly stated (e.g., as per Clause 19 regarding customer-requested alternative products).
4. Acceptance of Terms
4.1. By engaging with Beyond The Blueprint, including but not limited to submitting a service request, accepting a quote, making a payment for Services, or by any form of direct or indirect communication or conversation related to the Company’s services or a specific project, the Customer explicitly acknowledges and agrees that these terms and conditions are considered as fully accepted and binding.
5. Payment Terms
5.1. Unless otherwise explicitly agreed upon in writing between Beyond The Blueprint and the Customer, where only labour services are provided, upon completion on site, the invoice is payable, where the scope of works include materials or are multi-visit, 100% of the total quoted or agreed-upon payment for Services is required upfront before the commencement of any Services.
5.2. Payments can be made via direct debit bank transfer or Osko payment.
5.3. In the event that a payment schedule other than 100% upfront is agreed upon, the Customer agrees to adhere strictly to the agreed payment dates.
5.4. Overdue payments may be subject to late fees or interest as determined by Beyond The Blueprint, and future Services may be withheld until all outstanding amounts are paid in full.
5.5. All prices quoted are in Australian Dollars (AUD) and are inclusive of GST, unless otherwise stated.
6. Intellectual Property Rights
6.1. All intellectual property rights, including but not limited to copyrights, designs, plans, sketches, drawings, photographs, specifications, and any other materials or creations developed or produced by Beyond The Blueprint during the provision of the Services, shall remain the sole and exclusive property of Beyond The Blueprint Pty Ltd.
6.2. The Customer is granted a non-exclusive, non-transferable license to use the deliverables solely for the purpose for which they were created, as outlined in the service agreement. Any other use, reproduction, modification, or distribution without the express written consent of Beyond The Blueprint is strictly prohibited.
7. Data and Privacy of Personal Information
7.1. Beyond The Blueprint is committed to protecting the privacy of the Customer’s personal information in accordance with the Australian Privacy Principles (APPs) as set out in the Privacy Act 1988 (Cth).
7.2. Beyond The Blueprint will collect, use, and disclose personal information primarily for the purpose of providing the Services, managing the Customer relationship, invoicing, internal record-keeping, and direct communication related to the Services.
7.3. By engaging with Beyond The Blueprint, the Customer consents to the collection, use, and disclosure of their personal information as described in this clause and in Beyond The Blueprint’s Privacy Policy, which is available upon request or can be found on our website [Insert Website URL for Privacy Policy, if applicable – e.g., “www.beyondtheblueprint.com.au/privacy”].
7.4. Beyond The Blueprint takes reasonable steps to protect personal information from misuse, interference, loss, unauthorised access, modification, or disclosure.
7.5. The Customer has the right to access and correct their personal information held by Beyond The Blueprint, subject to the provisions of the Privacy Act.
8. Project Management System
8.1. Beyond The Blueprint utilises a custom-built, industry-innovative internal Task Management and Project Management System to efficiently manage all aspects of the Services.
8.2. This System is securely designed to record and manage each and every task related to the Customer’s project, including detailed descriptions of the scope of works for each task, assignment of personnel responsible for completion, and comprehensive time tracking.
8.3. The System also serves as a secure repository for relevant project information, including before and after photographs, RTA Entry Notices, and other pertinent documentation.
8.4. As updates occur regarding task status, progress, or other significant project developments within the System, automated email notifications will be sent to the Customer to ensure transparency and keep them informed in real-time. The Customer acknowledges and agrees to receive these operational email updates as part of the Service engagement, and may request to opt in or out of receiving such email updates at any time by contacting Beyond The Blueprint in writing.
9. Warranty of Workmanship
9.1. Beyond The Blueprint warrants that the Services performed will be carried out in a professional and workmanlike manner, conforming to industry standards.
9.2. This warranty of workmanship is valid for a period of sixty (60) days from the date of completion of the Services.
9.3. In the event of a valid warranty claim within the 60-day period, Beyond The Blueprint will, at its discretion, re-perform the defective Services or provide a partial or full refund for the affected portion of the Services.
9.4. This warranty does not cover issues arising from:
a) Normal wear and tear.
b) Damage caused by the Customer or third parties.
c) Defects or failures of materials supplied by the Customer.
d) Issues not directly related to the workmanship of Beyond The Blueprint.
10. Tenant Entry Notices (For Tenanted Properties)
10.1. Where Services are to be performed at a property occupied by a tenant, and a Tenant Entry Notice is required under relevant legislation (e.g., the Residential Tenancies and Rooming Accommodation Act 2008 QLD), the Property Manager (acting on behalf of the Customer or as an authorised agent thereof) takes full and sole responsibility for the timely and lawful issuance of these notices to the tenants.
10.2. By booking a service request or engaging Beyond The Blueprint for Services at a tenanted property, the Property Manager (or the Customer where no Property Manager is engaged) unequivocally agrees to take full responsibility for ensuring all necessary tenant entry notices have been properly issued, and that Beyond The Blueprint has legal access to enter the property to perform the Services.
10.3. Beyond The Blueprint shall not be held liable for any delays, costs, damages, or claims arising from the Property Manager’s (or Customer’s) failure to issue proper and timely tenant entry notices, or for any issues related to property access.
11. Parking
11.1. Beyond The Blueprint’s team members will always endeavour to find free parking locations as close as reasonably possible to the service site.
11.2. Where free parking is unavailable or impractical, any parking fees incurred (e.g., parking meters, paid car parks) will be added to the Customer’s invoice.
11.3. If the Customer specifically requests Beyond The Blueprint’s team members to park in a certain location, or provides directions that lead to the contractor incurring parking fines, towing fees, impoundment costs, or any other similar charges, the Customer shall be solely liable for all such costs. This includes, but is not limited to, the direct cost of the fine/fee, any towing or impoundment charges, and Beyond The Blueprint’s time calculated at its standard hourly rate (including travel and waiting time) incurred to retrieve vehicles or deal with the issue, as well as any loss of income during the period the contractor is unable to perform Services due to such an incident.
12. Travel Time and Call-Out Fees
12.1. Beyond The Blueprint reserves the right, at its sole discretion, to charge for travel time and/or call-out fees.
12.2. Any applicable travel time or call-out fees will be communicated to the Customer, typically within the quote or service agreement, or otherwise upon booking.
13. Key Provision and Responsibility
13.1. Where the Customer or their agent (e.g., Property Manager) provides Beyond The Blueprint with access to the property via a key lockbox, hidden key placement, or other similar unsupervised methods, the Customer acknowledges and agrees that:
a) Risk Acceptance: The Customer assumes full responsibility for the security of the keys and the property access method.
b) No Responsibility for Loss/Theft: Beyond The Blueprint is not responsible for any loss, theft, or damage to keys provided through such methods.
c) No Responsibility for Unauthorised Access: Beyond The Blueprint is not responsible for any unauthorised property access that may occur as a result of the use or compromise of such unsupervised key provision methods, once Beyond The Blueprint’s team members have completed their work and secured the property as they found it.
13.2. Beyond The Blueprint will exercise reasonable care when retrieving and returning keys via these methods but shall not be liable for circumstances beyond its direct control.
14. Onsite Materials and Equipment Security
14.1. In instances where Beyond The Blueprint is required to leave tools, products, materials, or similar equipment on the Customer’s property for extended periods, including overnight or for multiple days/weeks, the Customer acknowledges and agrees to ensure the security of the property.
14.2. The Customer must ensure that the property is either in a secure state (e.g., all doors and windows are lockable and secured) or that all possible security measures are managed by the Customer (e.g., securing specific areas, arranging additional security) to mitigate and remove risks of theft, loss, or damage to Beyond The Blueprint’s property.
14.3. Where the Customer has failed to ensure adequate security measures as per this clause, the Customer shall be fully responsible for any theft, loss, or damage to Beyond The Blueprint’s tools, products, materials, or equipment left on the Customer’s property.
15. Site Condition Responsibilities
15.1. Structural Soundness: The Customer warrants that the property and the specific work areas on site are structurally sound, safe, and free from any known structural defects that could pose a risk to the safety of Beyond The Blueprint’s team members or the integrity of the work being performed. If, during the course of the Services, Beyond The Blueprint’s team members discover or reasonably suspect any structural concerns that could compromise safety or work quality, Beyond The Blueprint reserves the right to immediately cease or suspend work until such concerns are fully rectified by the Customer or a qualified third party to Beyond The Blueprint’s satisfaction. Any delays or additional costs incurred due to such structural issues shall be borne by the Customer.
15.2. Pest and Rodent Control: The Customer warrants that the work site is free from pests, rodents, insects (e.g., cockroaches, termites, spiders, wasps), or other vermin that could create an unsanitary or unsafe working environment for Beyond The Blueprint’s team members. If Beyond The Blueprint’s team members encounter significant pest or rodent infestations that render the work site unsafe or unsanitary, Beyond The Blueprint reserves the right to cease or suspend Services until the site is professionally treated and deemed safe by the Customer. Any delays or additional costs incurred due to such infestations shall be borne by the Customer.
15.3. Infectious Diseases: The Customer agrees to notify Beyond The Blueprint immediately if any person present or expected to be present on the work site has tested positive for COVID-19 or any other infectious or communicable disease, or is exhibiting symptoms thereof, prior to or during the scheduled Services. Beyond The Blueprint reserves the right, at its sole discretion and in accordance with public health guidelines, to postpone, reschedule, or cease Services if there is a perceived health risk to its team members. The Customer agrees to cooperate fully with any safety protocols (e.g., social distancing, mask-wearing, site disinfection) deemed necessary by Beyond The Blueprint to mitigate health risks. Any delays or additional costs incurred due to infectious disease concerns or related site restrictions shall be borne by the Customer.
16. Site Conduct and Access
16.1. The Customer is responsible for ensuring a safe and cooperative environment at the service location.
16.2. Beyond The Blueprint reserves the right to immediately cease or suspend Services if our team members encounter:
a) Disturbances or Aggression: Any form of verbal, physical, or threatening aggression, harassment, or unreasonable behaviour from any person on site.
b) Delays: Unreasonable delays caused by onsite persons (including tenants, occupants, or other contractors) that prevent or significantly hinder Beyond The Blueprint’s team members from performing the Services efficiently. This includes, but is not limited to, failure to clear access pathways, late arrival of access persons, or unpreparedness of the site.
c) Refusal of Entry: Direct or indirect refusal of entry to the property or specific areas required for the Services, despite proper notice having been given (where applicable).
d) Unsafe Conditions: Any unsafe conditions created or maintained by onsite persons that pose a risk to Beyond The Blueprint’s team members or equipment.
16.3. In the event that Services are ceased or suspended due to any of the reasons listed in clause 16.2:
a) The Customer will remain liable for all Services performed up to the point of cessation or suspension.
b) The Customer may be charged additional fees for any wasted travel time, call-out fees, or costs incurred due to the delay, re-scheduling, or cessation of Services.
c) Beyond The Blueprint may, at its sole discretion, refuse to reschedule or recommence Services until the issues causing the cessation or suspension are fully resolved to its satisfaction.
d) No refunds will be provided for Services that could not be completed due to the conduct of onsite persons.
17. Occupational Health & Safety (OH&S) and Site Risk Assessment
17.1. Beyond The Blueprint is committed to providing a safe working environment for its team members and complying with all relevant Occupational Health and Safety (OH&S) legislation in Queensland.
17.2. Prior to or at the commencement of Services, Beyond The Blueprint may conduct a Site Risk Assessment to identify potential hazards and determine safe working procedures.
17.3. The Customer agrees to fully cooperate with Beyond The Blueprint in identifying and mitigating any OH&S risks on site. This includes, but is not limited to, providing accurate information about the site, ensuring clear access, and addressing any safety concerns raised by Beyond The Blueprint team members.
17.4. If, in the sole discretion of Beyond The Blueprint team members, the site or specific tasks present an unacceptable OH&S risk that cannot be reasonably mitigated, Beyond The Blueprint reserves the right to:
a) Refuse to commence or continue Services until the safety risk is addressed to its satisfaction.
b) Modify the scope of Services or the methods used to ensure safety.
c) Charge additional fees for time lost or expenses incurred due to addressing OH&S issues or delays caused by unsafe conditions.
17.5. Beyond The Blueprint shall not be held liable for any delays, costs, or damages arising from its refusal or modification of Services due to OH&S concerns.
18. Site Cleanup
18.1. Upon completion of the Services, Beyond The Blueprint will make its best efforts to pick up and remove as much debris, waste, and excess materials directly generated by its work as reasonably possible.
18.2. However, the Customer acknowledges and agrees that Beyond The Blueprint cannot guarantee the removal of all debris, dust, or minor waste particles, particularly in instances of extensive or dusty work (e.g., sanding, drilling, plastering).
18.3. Final detailed cleaning, vacuuming, dusting, or removal of pre-existing debris is the responsibility of the Customer unless otherwise specifically agreed upon in the service quotation.
19. Product Suggestions and Customer-Requested Alternatives
19.1. Beyond The Blueprint may, as part of its professional service, suggest specific products, materials, or methodologies (“Suggested Products”) that it believes are best suited for the successful and durable completion of the Services, based on its expertise and experience.
19.2. If the Customer, against Beyond The Blueprint’s suggestion, requests the use of a different or cheaper priced product, material, or methodology (“Alternative Product”), the Customer acknowledges and agrees to the following:
a) No Guarantee: Beyond The Blueprint cannot and does not guarantee that the Alternative Product will suffice for the intended purpose, meet the desired aesthetic, perform to the same standard as the Suggested Product, or provide the same durability or longevity.
b) Reduced Warranty: The warranty of workmanship provided under Clause 9 may be voided or significantly limited with respect to any issues arising directly or indirectly from the use of the Alternative Product.
c) Risk Acceptance: The Customer accepts all risks associated with the performance, durability, and outcome of the Services when an Alternative Product is chosen by the Customer.
d) No Liability for Failure: Beyond The Blueprint shall not be held liable for any defects, failures, or unsatisfactory results arising from the use of an Alternative Product requested by the Customer. Any rectification work required due to the failure of an Alternative Product will be charged at Beyond The Blueprint’s standard rates.
20. Liability
20.1. Beyond The Blueprint will exercise reasonable care and skill in the provision of the Services.
20.2. To the maximum extent permitted by law, Beyond The Blueprint’s total liability to the Customer for any and all claims, damages, or losses arising from or in connection with this Contract or the Services provided, whether in contract, tort (including negligence), or otherwise, shall be limited to the amount paid by the Customer for the specific Services giving rise to the claim.
20.3. Beyond The Blueprint shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, or loss of business opportunities.
20.4. Nothing in this Contract excludes, restricts, or modifies any right or remedy that the Customer may have under the Australian Consumer Law or any other legislation which cannot be lawfully excluded or limited.
21. Cancellation Policy
21.1. If the Customer cancels Services after payment has been made but before Services commence, Beyond The Blueprint reserves the right to charge a cancellation fee to cover administrative costs and any expenses already incurred. The specific cancellation fee will be communicated at the time of cancellation.
21.2. If Services are cancelled after they have commenced, the Customer may be liable for the full cost of Services already performed and any materials purchased.
22. Project Timelines and Delays
22.1. Any timeline targets or estimated completion dates provided by Beyond The Blueprint are based on current information and are subject to change due to various factors beyond our reasonable control.
22.2. Beyond The Blueprint shall not be liable for any delays in the commencement or completion of Services, nor for any loss, damage, or costs incurred by the Customer (including, but not limited to, loss of income, business interruption, penalty clauses in other contracts, liabilities, or mortgage payments) arising directly or indirectly from such delays, where the delay is caused by:
a) Delays in the delivery of necessary supplies, products, or materials from third-party suppliers.
b) Unforeseen supply chain disruptions or unavailability of specific products.
c) Adverse weather conditions.
d) Customer’s change of mind regarding design, materials, or scope of works.
e) Customer’s delay in providing necessary approvals, access, information, or payments.
f) Any other event outside the reasonable control of Beyond The Blueprint.
22.3. In the event of such delays, Beyond The Blueprint will endeavour to provide reasonable notice and revised timelines to the Customer where possible. Additional charges may apply for any work required due to Customer-initiated changes or delays.
23. Legal Compliance by Customer
23.1. By requesting Services from Beyond The Blueprint, the Customer expressly warrants and represents that the requested work and its execution by Beyond The Blueprint will not result in any breach of any applicable local by-laws, state laws, or federal laws, including but not limited to building codes, planning regulations, heritage overlays, or strata by-laws.
23.2. The Customer is solely responsible for obtaining any necessary permits, approvals, or consents required for the Services prior to commencement.
23.3. The Customer shall indemnify and hold harmless Beyond The Blueprint from and against any and all claims, liabilities, costs, damages, or expenses (including legal fees on a full indemnity basis) arising from or in connection with the Customer’s failure to comply with this clause, or from Beyond The Blueprint acting on the Customer’s instructions where such instructions lead to a breach of any applicable laws or regulations.
23.4. If Beyond The Blueprint becomes aware that performing the requested Services would likely lead to a breach of law or regulation, it reserves the right to cease or suspend work immediately, and the Customer will be liable for all Services performed up to that point.
24. Force Majeure
24.1. Beyond The Blueprint shall not be liable for any delay or failure in performance of its obligations under this Contract if such delay or failure is caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, strikes, natural disasters, epidemics, or government restrictions.
25. Governing Law
25.1. This Contract shall be governed by and construed in accordance with the laws of Queensland, Australia. Both parties submit to the exclusive jurisdiction of the courts of Queensland.
26. Dispute Resolution
26.1. Notification of Dispute: In the event of any dispute or difference arising out of or in connection with this Contract, the party claiming the dispute must give written notice to the other party, clearly setting out the nature of the dispute.
26.2. Negotiation: Upon receipt of such notice, the parties shall endeavour in good faith to resolve the dispute through direct negotiation between authorised representatives within fourteen (14) days.
26.3. Mediation: If the dispute is not resolved through negotiation within the fourteen (14) day period (or such other period as the parties may agree in writing), either party may refer the dispute to mediation. The mediation shall be conducted by a mediator agreed upon by the parties, or, failing agreement within a further seven (7) days, by a mediator appointed by the Queensland Law Society (or other appropriate professional body). The costs of the mediator shall be borne equally by the parties.
26.4. Continuity of Services and Payment: Unless otherwise agreed in writing, the parties shall continue to perform their respective obligations under this Contract, including payment obligations, pending the resolution of the dispute.
26.5. Litigation: If the dispute is not resolved through mediation within thirty (30) days of the mediator’s appointment (or such other period as the parties may agree in writing), either party may then pursue any legal remedies available to them under the laws of Queensland.
26.6. Urgent Relief: Nothing in this clause shall prevent a party from seeking urgent interlocutory relief from a court of competent jurisdiction where such relief is necessary to protect that party’s rights or property.
27. Entire Agreement
27.1. This Contract, together with any specific service request forms or quotes, constitutes the entire agreement between Beyond The Blueprint and the Customer with respect to the Services and supersedes all prior negotiations, understandings, and agreements, whether written or oral.
28. Severability
28.1. If any provision of this Contract is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
29. Amendments
29.1. No amendment, modification, or waiver of any provision of this Contract shall be effective unless made in writing and signed by both Beyond The Blueprint and the Customer.