Terms and Conditions
1 Consulting Services
You acknowledge that:
- Engaging City Water Technology Pty. Ltd (CWT) for consulting purposes and the provision of information initiates a commitment to provide CWT with the scope of work and information pertaining to it as outlined in the accepted proposal;
- We are relying on your company/authority performing the services in accordance with the terms and conditions so that we can comply with our obligations under the consultancy agreement;
- If your company/authority fails to perform the services in accordance with the consultancy agreement, both parties may suffer loss and damage.
You agree on:
- A clearly defined scope of works and how both parties will overlap/ work together;
- An agreed methodology, program and budget;
- A system to verify progress against agreed milestones and produce the required deliverables on time and to everyone’s satisfaction.
You understand that:
- Reasonable steps must be taken by both CWT and your company/authority to maintain the confidentiality of any proprietary or confidential information of each other’s organisation;
- CWT may have past, existing or future engagements with your competitors or for other clients, whose interests may or may not be in line with yours.
3 Intellectual Property Rights
You understand that:
- CWT retains all copyright (and other intellectual property rights) in all reports, letters, written advice and other deliverables that we provide to your company/authority – although your organisation will have full rights to use these documents within your organisation;
- Your company requires written permission from CWT to use these documents outside of your organisation;
- CWT reserves the right to set the conditions by which these deliverables are used or may require the third party to enter into a direct relationship with CWT.
CWT is not liable for the failure or delay in performing the outlined services if that failure or delay results from anything beyond CWT’s control, including delays in receiving deliverables which are critical for the progress of the project. If this is the case, CWT has the right to:
- Engage in a review of its fees;
- Terminate the agreement if there is a substantially prohibitive delay.
5 Fees and Expenses
You understand that:
- Expenses relating to services provided by CWT will be charged through the issuance of invoices unless agreed otherwise;
- CWT is entitled to review the fees quoted in the proposal if your company does not proceed with the engagement within 60 days of the proposal issue date or if CWT is still performing services more than 12 months from the commencement of the project.
You agree that:
- Payment of fees and expenses is to be made within 30 days of the billing date on the issued invoice;
- Payment will be made through electronic funds transfer or internet banking;
- Credit card payments are not accepted. cheques are accepted but discouraged.
You understand that CWT reserves the right to:
- Cease any further work with your organisation until any outstanding debts are paid in full;
- Charge interest on any fee that is outstanding greater than 60 days from the billing date.
7 Dispute Resolution
You agree to undertake a mediation session before resorting to any other dispute resolution process (i.e. termination of agreement) in the event of a dispute between CWT and your organisation regarding the agreement or services to be provided.
You understand that:
- If your organisation does not pay your bills on time, or if you do not provide CWT with adequate information to complete the set tasks, we have the right to terminate the agreement in writing;
- The sections headed “Confidentiality” and “Intellectual Property Rights” continue to operate after the consultancy agreement has ended.
9 Non-Solicitation of Personnel
You understand that neither party will knowingly solicit for employment of any partner or staff member or subcontractor of the other party who is involved in performing tasks under the current agreement, unless prior approval is given from the other party.
10 Governing Laws and Jurisdiction
If working between two states (i.e. NSW and QLD), you understand that the relevant governing laws and jurisdiction of each state must be considered when deciding which laws apply to individual tasks and projects.
11 Health and Safety
In the case of CWT staff working at the Clients’ site, our general health and safety requirements are:
- Both CWT and the Client are required to comply with the Work Health and Safety Act 2011. Note: the Legislative Fact Sheet provided by Safe Work Australia: “Labour hire: duties of persons conducting a business or undertaking (PCBU)” provides an excellent summary of the duties of PCBUs under the Act which are relevant to the relationship between CWT and the Client with regard to CWT staff working at the Client’s site.
- For each worker that CWT provides, CWT requires documented evidence of a site-specific induction provided by the Client and a job safety and environmental assessment (JSEA) or safe work method statement (SWMS), signed by the worker.
- CWT will provide the worker with long sleeved high visibility shirts, broad brimmed hat, and safety boots. The Client is to provide personal protective equipment (PPE) required specifically for the work on their site such as head, eye and hearing protection.
- If a hard hat is to be worn on site, the Client is to provide the hard hat together with a brim and flap, or notify the CWT worker so they can arrange to bring these from CWT.
- Dependant on the nature of the job, CWT may request to attend site for a site safety inspection prior to placing a worker on site.
- CWT workers are obligated to report hazards to the Client to ensure that the hazard is addressed before working on site. If the hazards are not addressed, the CWT employee reserves the right to not engage in work at no financial penalty to CWT, unless the issue is rectified.
- CWT workers are authorised to stop work at any time if they are concerned for their safety and report the safety issue to the Client. If the Client does not remove the reported hazard, CWT workers will report the hazard to the CWT Managing Director to address directly with the client.
- CWT workers are not authorised or trained to conduct any of the following activities:
- Entering confined spaces;
- Hot works;
- Operating heavy machinery such as forklifts, elevated work platforms and cherry pickers;
- Performing mechanical, electrical or process isolation (they are authorised to work on isolated equipment, but they are not authorised to perform the isolation);
- Electrical work;
- Any hazardous work not covered by a JSEA which the worker has signed.
If any of these activities are required, they will only be conducted once the CWT worker has obtained training and certification in that activity and an agreement in writing has been established between CWT and the Client.
- CWT workers must seek approval from the CWT Managing Director prior to conducting any of the following activities (approval will be dependent on sighting a JSEA and appropriate training records):
- Working over water;
- Working at heights;
- Remote or isolated work;
- Discharging to the environment;
- Mechanical and Process Isolation;
- Working with compressed air.