Introduction – Adelaide Building, Cleaning, and Demolition Services

These Service Terms and Conditions (“Service Terms”) apply to all clients engaging Cluster
Services & Supply Pty Ltd, a licensed South Australian contractor. By engaging us, you agree to be
bound by these Service Terms. We are experienced in demolition, construction, cleaning, and
maintenance services across Adelaide.

1. Scope of Services and Licensing
– We are a licensed building and demolition contractor in South Australia, qualified for high-risk
works in compliance with WHS laws and licensing obligations.
– Asbestos removal is excluded. If discovered, a licensed asbestos removal contractor will be
engaged at your expense. You indemnify us from asbestos-related liability.
– Subcontractors: We may engage vetted subcontractors, but remain fully responsible as the head
contractor.

2. Client Responsibilities & Compliance
– You must ensure accurate information, safe access to the site, and disclosure of hazards
(children, pets, unsafe conditions).
– Clients are responsible for securing permits, approvals, and site readiness unless otherwise
agreed.

3. Pricing and Payment Terms – Adelaide Contractor
– Payment due: on the day of invoice unless otherwise agreed in writing.
– Corporate clients: up to 15 days by prior agreement only.
– Overdue invoices: incur 2% monthly interest after 14 days overdue, plus recovery costs.
– We may suspend work or terminate for non-payment.

4. Variations and Additional Work
– Variations (scope changes, unforeseen site conditions, or hazardous materials) will incur extra
charges.
– Hazardous material costs (asbestos removal, site remediation) are at the client’s expense.

5. Cancellation and Refund Policy
– Cancellations: 20% fee (>14 days notice), 30% fee (7–14 days), 40% fee (<7 days or after work
begins).
– Refunds: limited to rework unless required under the Australian Consumer Law (ACL).

6. Indemnities – Client Risk Allocation
– Clients indemnify us against losses arising from inaccurate information, unsafe conditions, or
undisclosed hazards.
– You indemnify us for asbestos-related risks handled by subcontractors.
– You indemnify us for payment defaults, recovery costs, and damages from your breach of these
Terms.

7. Limitations of Liability
– We exclude liability for indirect or consequential losses such as lost profits or delays.
– Our total liability is capped at the amount paid for the specific service.
– Exceptions: liability under ACL, personal injury, death, or fraud cannot be excluded.

8. Marketing & Communication Consent
– By engaging us, you consent to receive marketing via email and SMS under the Spam Act 2003.
– You may unsubscribe at any time.

9. Privacy, CCTV & Drone Consent
– CCTV and drones may be used during service delivery for safety, compliance, and project
monitoring.
– Clients consent to incidental recording of individuals or property. All data is handled in compliance
with the Privacy Act 1988 (Cth).

10. Dispute Resolution – Adelaide Jurisdiction
– Disputes must first be raised in writing.
– If unresolved, disputes proceed to mediation in Adelaide at the client’s cost.
– Arbitration may follow if agreed. Otherwise, disputes may proceed to South Australian courts.

11. Governing Law
– These Terms are governed by the laws of South Australia and the Commonwealth of Australia.
Jurisdiction resides exclusively with the courts of South Australia.

12. Miscellaneous
– These Terms form the entire agreement between Cluster Services & Supply Pty Ltd and the
Client.
– Amendments must be in writing.
– Invalid provisions will not affect enforceability of the remainder.
– No waiver of rights unless in writing.