Please read these terms carefully before engaging Ombumate Pty Ltd for any services.
These Terms and Conditions ("Terms") apply to all services provided by Ombumate Pty Ltd (ABN 89 697 095 551, ACN 697 095 551) ("Ombumate", "we", "our" or "us") to clients ("you" or "the Client"). Ombumate is a facilities management and general services company operating in Western Australia.
By engaging Ombumate to perform any services, accepting a quote or entering into a service agreement, you agree to be bound by these Terms. If you do not accept these Terms, you must not engage our services.
These Terms are subject to, and must be read in conjunction with, any written service agreement or contract entered into between Ombumate and the Client. In the event of any inconsistency, the specific written agreement will prevail.
Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law (ACL) (being Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot lawfully be excluded or limited.
Under the ACL, consumers have automatic guarantees that services will be provided with due care and skill, fit for purpose, and within a reasonable time where no time is specified. These statutory guarantees cannot be excluded or watered down by these Terms.
Where Ombumate provides services to a consumer (as defined in the ACL), the following mandatory statement applies: Our services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the services supplied again if the services fail to be of acceptable quality and the failure does not amount to a major failure.
All quotations provided by Ombumate are based on information available at the time of quoting. Quotations are valid for 30 days from the date of issue unless otherwise specified in writing.
A quotation does not constitute a binding contract. A binding agreement for services is formed when the Client provides written or email acceptance of the quotation, or otherwise instructs Ombumate to proceed with the works.
Where the scope of works changes after acceptance, any variation will be discussed with the Client and, where material, confirmed in writing before additional works proceed. Additional costs arising from unforeseen site conditions, hidden defects or changes in Client instructions may apply.
Ombumate will deliver all services with due care and skill in accordance with the agreed scope of works, these Terms, and all applicable Australian Standards and WA regulatory requirements.
Estimated timeframes for completion are provided in good faith but may be affected by factors outside our control including weather, supply chain delays, third-party dependencies or site access issues. We will notify you promptly of any delays.
You must provide Ombumate and our staff, contractors and sub-contractors with safe and timely access to the property or premises to enable delivery of the agreed services. Failure to provide adequate access may result in delays and additional charges.
All prices quoted are in Australian Dollars (AUD). Unless otherwise stated, prices are exclusive of GST. GST will be added where applicable and clearly shown on all invoices issued by Ombumate Pty Ltd.
Payment terms are as specified in the quotation or service agreement. Unless otherwise agreed in writing, invoices are due within 14 days of the invoice date. For larger projects, progress payment milestones may apply as specified in the agreement.
Ombumate reserves the right to charge interest on overdue amounts at the rate of 2% per month (or part thereof) calculated on a daily basis on the outstanding balance, compounding monthly. We also reserve the right to suspend services for accounts that are overdue by more than 30 days.
For recurring services (such as grounds keeping or ongoing maintenance contracts), payment is due as specified in the service schedule. Ombumate may review and adjust pricing for ongoing contracts with a minimum of 30 days' written notice to the Client.
Ombumate warrants that all services will be performed with reasonable care and skill. Subject to the ACL consumer guarantees, where services are found to be defective, Ombumate will, at its election, either re-perform the defective services or refund the amount paid for those services.
To the extent permitted by law (and subject always to the ACL), Ombumate's total liability to the Client arising from or in connection with these Terms and our services will not exceed the amount paid by the Client for the specific service(s) giving rise to the claim.
Ombumate will not be liable for any indirect, incidental, consequential or special loss or damage, including loss of profits, loss of revenue, loss of opportunity or damage to goodwill, to the extent such liability may be excluded under law.
Ombumate may engage appropriately licensed and insured sub-contractors to assist in the delivery of services. We remain responsible to the Client for the performance of sub-contracted services in accordance with these Terms. All sub-contractors engaged by Ombumate hold the relevant WA trade licences and carry appropriate insurance.
Ombumate Pty Ltd holds public liability insurance appropriate to the nature and scale of our operations. Certificates of currency are available upon request. Clients are encouraged to maintain their own property insurance, as Ombumate's insurance does not cover the Client's own assets except where damage is caused directly by Ombumate's negligence.
Either party may terminate a one-off service engagement prior to commencement by providing written notice. If the Client cancels after works have commenced, Ombumate is entitled to payment for all work completed and reasonable costs incurred up to the date of cancellation.
For ongoing service contracts, either party may terminate by providing 30 days' written notice, unless the contract specifies a different notice period. Termination does not affect any accrued payment obligations.
Ombumate reserves the right to terminate services immediately if the Client engages in abusive, threatening or unlawful conduct toward our staff or sub-contractors.
Ombumate is committed to the safety of its staff, sub-contractors and all persons on or near sites where we operate. All works are conducted in accordance with the Work Health and Safety Act 2020 (WA) and associated regulations. Clients must advise Ombumate of any known hazards, asbestos registers, or site-specific safety requirements prior to commencement of works.
All materials, reports, plans and documentation produced by Ombumate in the course of delivering services remain the intellectual property of Ombumate until payment in full has been received, at which point ownership transfers to the Client (to the extent not already owned by a third party).
The collection, use and storage of personal information in connection with these Terms is governed by our Privacy Policy, available at ombumatepty.site/privacy.html, and the Privacy Act 1988 (Cth).
These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. Both parties agree to submit to the exclusive jurisdiction of the courts of Western Australia.
In the event of a dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved by negotiation within 20 business days, either party may refer the matter to a recognised Australian dispute resolution body before commencing legal proceedings, except where emergency or urgent relief is required.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be severed and the remaining provisions will continue in full force. Ombumate's failure to exercise or enforce any right under these Terms does not constitute a waiver of that right.
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all prior discussions, representations and agreements, except where a specific written service agreement has been executed by both parties.
For any questions regarding these Terms and Conditions, please contact: