MC DEVELOPMENTS PTY LTD as trustee for THE MAC FAMILY TRUST trading as SIMPLE LAND SOLUTIONS (“SIMPLE LAND SOLUTIONS”, “we”, “us”, “our”) provides professional surveying and related services (“Services”) to the client identified in the relevant quotation, proposal, authority, or engagement documentation (“Client”, “you”) on the following Terms and Conditions (“Terms”).
By accepting a quotation, issuing instructions, signing an authority, or permitting SIMPLE LAND SOLUTIONS to commence the Services, the Client agrees to be bound by these Terms.
1.1 The Client must provide all information, approvals, access arrangements, instructions, and documentation reasonably required for SIMPLE LAND SOLUTIONS to perform the Services (“Scope of Works”).
1.2 The Scope of Works is deemed agreed when confirmed by any of the following:
a signed quotation or authority;
written confirmation by email; or
the Client permitting commencement of the Services following issue of a quotation.
1.3 SIMPLE LAND SOLUTIONS is entitled to rely on all information provided by or on behalf of the Client and is not responsible for errors arising from inaccurate, incomplete, or late information.
1.4 Where the Client does not sign a quotation or authority form, the Client acknowledges and agrees that requesting, instructing, authorising, or permitting SIMPLE LAND SOLUTIONS to commence or continue the Services constitutes acceptance of these Terms, and the Client will be bound accordingly.
2.1 SIMPLE LAND SOLUTIONS will allocate suitably qualified and experienced personnel to perform the Services.
2.2 The composition of the project team may change at any time due to operational requirements, availability, workload, or leave, without constituting a variation or breach.
3.1 Fees are charged on a fixed-price, hourly-rate, or combined basis as stated in the quotation.
3.2 Any estimate of time or cost is indicative only unless expressly stated otherwise in writing.
3.3 Unless expressly included, fees exclude disbursements and GST.
4.1 Standard operating hours are 7:00am to 5:00pm Monday to Friday, excluding public holidays.
4.2 Where Services are required outside standard operating hours, additional rates may apply. Where practicable, prior approval will be sought; however, the Client authorises such work where reasonably required for safety, access, programming, or regulatory reasons.
5.1 The Client must reimburse all reasonable and properly incurred disbursements, including but not limited to:
title, survey, and data searches;
data licence fees;
statutory and authority fees;
consumables;
travel, accommodation, freight, and courier costs.
6.1 Any change to the Scope of Works constitutes a variation.
6.2 SIMPLE LAND SOLUTIONS may proceed with variation works where instructed by:
the Client;
the Client’s authorised representative; or
where additional work is reasonably required to properly complete the Services.
6.3 Instructions may be provided verbally or in writing. Where written instruction is not provided, the Client agrees that SIMPLE LAND SOLUTIONS’ field notes, works dockets, or internal records constitute evidence of authorisation.
6.4 Variation charges apply to, without limitation:
meetings and briefings;
additional field survey work;
calculations, plan amendments, and checking;
RFIs and responses;
quality assurance processes;
re-attendance to site.
6.5 All variation site attendances are subject to a minimum charge equivalent to two (2) hours at the applicable hourly rate, inclusive of mobilisation and demobilisation time.
7.1 Invoices issued by SIMPLE LAND SOLUTIONS are payable within fourteen (14) days of the invoice date, without set-off, deduction, or counterclaim.
7.2 SIMPLE LAND SOLUTIONS may invoice progressively, upon completion of milestones, or on completion of the Services.
7.3 Any Services involving certification, Authority to Act documentation, lodgement, or interaction with statutory or regulatory bodies must be paid in full prior to lodgement or submission, unless otherwise agreed in writing.
7.4 SIMPLE LAND SOLUTIONS may suspend or withhold Services, deliverables, certification, or lodgements while any amount remains overdue, without liability for resulting delay.
8.1 GST is payable in addition to all fees and disbursements in accordance with applicable legislation.
9.1 Interest accrues on overdue amounts at 12% per annum, calculated daily.
9.2 Payment of interest does not waive the Client’s obligation to pay the outstanding amount.
10.1 The Client irrevocably authorises SIMPLE LAND SOLUTIONS to set-off any monies owed by the Client against any amounts payable by SIMPLE LAND SOLUTIONS or its related entities.
11.1 The Client indemnifies SIMPLE LAND SOLUTIONS for all legal, enforcement, and recovery costs incurred on a full indemnity basis, including debt collection agency fees and commission.
12.1 SIMPLE LAND SOLUTIONS retains all copyright and moral rights in all data, plans, drawings, calculations, reports, and documents prepared in connection with the Services (“Data”).
12.2 Upon payment in full, the Client is granted a non-exclusive, non-transferable licence to use the Data solely for the project to which it relates.
12.3 The Data must not be provided to third parties without written consent, except where required for statutory approvals or regulatory purposes directly related to the project.
13.1 The Client must not solicit or employ SIMPLE LAND SOLUTIONS personnel during the provision of the Services or within twelve (12) months after completion without prior written agreement.
13.2 Where employment is accepted, the Client must compensate SIMPLE LAND SOLUTIONS an amount equal to 50% of the total remuneration package accepted.
14.1 The parties must first attempt to resolve disputes through good faith discussions between senior representatives.
14.2 If unresolved, disputes must be referred to mediation prior to litigation, except for urgent injunctive relief or debt recovery proceedings.
15.1 SIMPLE LAND SOLUTIONS may terminate immediately if the Client:
fails to pay amounts due;
provides unlawful or unethical instructions;
commits a material breach not remedied within fourteen (14) days; or
becomes insolvent.
15.2 Either party may terminate without cause on thirty (30) days’ written notice.
15.3 Upon termination, the Client must pay:
all Services performed up to the termination date; and
all reasonable demobilisation and associated costs.
16.1 The Client must ensure the site is safe, accessible, and prepared prior to commencement.
16.2 Delays, re-attendance, or additional costs arising from unsafe or inaccessible conditions are chargeable variations.
17.1 Except as required by law, no warranties or representations are given.
17.2 To the maximum extent permitted by law, SIMPLE LAND SOLUTIONS’ liability is limited, at its election, to:
re-supply of the Services; or
payment of the cost of re-supplying the Services.
17.3 Any claim must be notified in writing within thirty (30) days of completion of the relevant Services.
18.1 The Client grants SIMPLE LAND SOLUTIONS a charge over all present and future real and personal property to secure payment of all monies due.
18.2 SIMPLE LAND SOLUTIONS may lodge caveats and register security interests under the Personal Property Securities Act 2009 (Cth).
18.3 The Client waives PPSA notice and verification rights to the extent permitted by law.
19.1 Where the Client acts as trustee, it warrants authority to enter into these Terms and that trust assets are available to satisfy obligations.
20.1 Where the Client comprises more than one party, liability is joint and several.
21.1 These Terms are governed by the laws of the state or territory where the Services are performed, and the parties submit to the courts of that jurisdiction.
22.1 Neither party is liable for delay or failure due to events beyond reasonable control, excluding payment obligations.
23.1 The Client irrevocably appoints SIMPLE LAND SOLUTIONS’ solicitors as attorney solely to give effect to these Terms where the Client fails to do so.
24.1 If any provision is invalid or unenforceable, it is severed without affecting the remainder.
24.2 These Terms prevail over any Client terms.
24.3 No waiver is effective unless in writing.
25.1 The signatory warrants they are authorised to bind the Client to these Terms.
