Vendor Agreement

By enrolling and listing an Inspection Timetable (Timetable) with Building Inspections Today Pty Ltd A.C.N. 602 350 283 (BIT) on the Building Inspections Today Platform (Platform), you accept these terms and conditions (T&C’s).

Timetable Calendar

You agree to upload a Timetable on the Platform by accessing the Vendor Portal within 48 hours of accepting these T&C’s. The Timetable will include the scheduled time, date and area that you will provide your inspection services (Inspection). You may update or amend the Timetable online at any time provided that the update does not impact upon an Inspection already booked by customer of BIT (Customer).

Inspection Appointments

When a Customer makes an appointment for Inspection (the Appointment) you will be notified by email. Before commencing an Inspection, you must reasonably confirm the identity of each Customer attending and take note of their Inspection Confirmation Code (ICC). If a Customer does not have an ICC, or is unable to be identified, you must refuse to undertake the Inspection. You agree that you will enter all ICCs on the BIT Vendor Portal within 48 hours of the Inspection being completed. A failure to enter the ICC on time will result in the Inspection being classified as "Cancelled".

A Customer may amend or cancel an Appointment (an Amendment) without penalty provided only that the Customer makes the Amendment at least 24 hours prior to the commencement of the Appointment (the Notice Period). If the Customer makes an Amendment outside of the Notice Period, then the Customer will incur a fee of 50% of the fee that would have been charged had the Customer attended the Appointment as originally reserved.

Cancellations of Appointments

A Customer who has made an Appointment and has received an ICC and does not attend the property, or if access is not granted (a No Show) then the Customer will incur a 70% penalty of the fee that would have been charged had the Inspection been able to proceed. If you can cancel an Appointment outside of giving 48 hours’ notice then you will be charged an administrative fee.

Payment

BIT will pay you the fees for each Appointment as uploaded by you on the Vendor Portal, less BIT’s service fee of the amount charged by you. BIT will pay you on the 15th day of each month to a bank account nominated by you.

Privacy

You acknowledge that you will receive personal information about each Customer (i.e., name, email address, phone number etc.) and you agree that you will use the information only in accordance with the provisions of the Privacy Act 1988 (Cth). Further, you agree to specifically refrain from using the information for any direct or indirect marketing purposes or from providing the information to any third party.

Acknowledgements and Warranties

You acknowledge that: BIT provides a third party intermediary referral service; BIT does not identify or prequalify its Customer for any purpose relating to the services provided by you (including, but not limited to health and safety purposes or for the purposes of complying with any policy of insurance); you accept each Appointment at your own risk. You warrant that: the provision of your services are lawful; you provide the services advertised; your staff and equipment comply with all accepted health and safety standards; you have sufficient indemnity insurance; you are fully licensed to provide the services; and you will only provide services to a Customers in compliance with your insurance requirements.

Indemnity

You agree to indemnify us against all or any loss, damages, claims, costs and expenses that we incur as a result of you, your intermediaries or associates, or any other person involved in any way which:

  1. fails to observe any of the provisions of this Agreement;
  2. are dishonest or fraudulent in any way in connection with the performance of this Agreement; or
  3. breach any legislation including without limitation the Building Act, Corporations Act, the Trade Practices Act and the Privacy Act and including civil and criminal penalties arising under that legislation.

This indemnity survives the termination of this Agreement.

Confidentiality

In this clause confidential information means any information in respect of the business and affairs of BIT. For the avoidance of doubt, this information includes, but is not limited to, any information concerning BIT’s:

  1. technology, processes, methodologies, techniques, systems, analyses, operating procedures, manuals, products, designs, specifications, models, capabilities, functions, inventions, research, drawings, formulae, source codes and object codes, trade secrets, ideas, knowledge, concepts and know-how: and
  2. financial , accounting, marketing, technical and other commercially sensitive information, including their accounts, marketing plans, market research data, sales plans, service and product ideas, corporate development plans and strategies, business plans, budgets, prospects and forecasts, supplier lists, quotations, prices, databases and data surveys, client lists and information, staff and contractor lists and information, program planning, consultant’s advice, promotional information, trademarks, trade names, trade dress and logos.

You acknowledge that you will have access to and knowledge of BIT’s confidential information in the provision of your services. You will prevent publication, disclosure or other use or onward transmission of the confidential information.

You acknowledge and agree that BIT has expended considerable time, effort and expense in establishing its reputable brand and the confidential information if used or disclosed in breach of your obligations would be likely to have an adverse effect upon BIT’s business.
You agree that you will not (except as required by law or with our prior written approval) during or after termination of this Agreement use or disclose to any person directly or indirectly for their own purposes or otherwise, any of BIT’s confidential information.

Uphold BIT’s Name

You must not do anything that is or may be prejudicial or harmful to the business, finances, or interests of BIT; and must not make any disparaging remark, statement, or gesture which may defame, derogate, discredit or bring the character, integrity or conduct of BIT and/or any person associated with BIT into disrepute.

Creation of Recipient Created Tax Invoices

You agree that we can issue tax invoices in respect of supplies that are undertaken by you (RCTI’s) and that you will not issue tax invoices in respect of those supplies. You warrant that you are registered for GST and that you will notify us if you cease to be registered.

GST

If any payment made by one party to any other party under or relating to this document constitutes consideration for a taxable supply for the purposes of GST or any similar tax, the amount to be paid for the supply will be increased so that the net amount retained by the supplier after payment of that GST is the same as if the supplier was not liable to pay GST in respect of that supply. This provision is subject to any other agreement regarding the payment of GST on specific supplies, and includes payments for supplies relating to the breach or termination of, and indemnities arising from, this document.

General

These T&C’s constitute a legally binding Agreement, which shall be valid and effective for a term of 5 years commencing from the date that you accept these T&C’s and shall be automatically renewed for another 5 years until terminated.

Either party may terminate this Agreement by providing the other with 48 hours written notice. BIT’s obligation to pay for Appointments made prior to termination survive termination as does your obligation to accept those Customers and continue to comply with your privacy obligation.

These T&C’s shall be read, interpreted and construed in accordance with the laws of Queensland, Australia.

If you have any questions in relation to these T&C’s please email BIT at admin@buildinginspectionstoday.com.au and one of our representatives will address your questions.

Thank you for supporting BIT. We look forward to working together.