Terms & Conditions
ONF SURVEYORS – PROFESSIONAL SERVICES TERMS & CONDITIONS
(Surveying, Mapping, Spatial & Associated Professional Services)
1. Definitions
1.1 Consultant: South Burnett Surveys Pty Ltd trading as ONF Surveyors, including its employees, agents, subcontractors, successors and assigns.
1.2 Client: The person or entity requesting the Services, including any authorised representative.
1.3 Guarantor: Any person or entity agreeing to guarantee the Client’s obligations.
1.4 Services: All surveying, mapping, spatial, advisory and professional services provided by the Consultant, including fieldwork, calculations, plans, digital data, reports, lodgements, and recommendations.
1.5 Deliverables: The final output specified in the agreed scope (e.g., plans, drawings, reports, spatial data files).
1.6 Price: The amount payable for the Services, as set out in a quotation, fee proposal, or invoice, including disbursements and approved variations.
2. Acceptance
2.1 The Client accepts these terms by issuing a purchase order, signing a work authorisation, replying to an email acceptance, providing instructions, or otherwise requesting the Consultant to commence work.
2.2 No representative of the Consultant has authority to vary these terms unless agreed in writing by the Consultant’s management.
3. Scope of Services
3.1 The Services are limited to the tasks expressly described in the Consultant’s quotation, proposal, work order, or invoice.
3.2 Any additional work requested by the Client or required due to site conditions, access limitations, regulatory changes, variations, or incomplete information will be treated as a variation.
3.3 The Consultant is not responsible for work outside the agreed scope unless approved in writing.
4. Price, Disbursements & Payment
4.1 The Price shall be either:
(a) as stated in a written fee proposal or quotation; or
(b) where no fixed price is agreed, calculated on a time-charge and cost-recovery basis at the Consultant’s current rates.
4.2 Quotes remain valid for 90 days.
4.3 Disbursements (e.g., travel, accommodation, DBYD, lodgement fees, site access costs, vehicle/machinery hire, aerial imagery, data purchases) will be charged at cost plus a reasonable administration margin.
4.4 A deposit of sixty percent (60%) of the Price is required prior to commencement of any Services. The Consultant will not commence work, mobilise to site, or incur costs on the Client’s behalf, until the deposit payment is cleared in full.
4.5 Variations will be invoiced upon completion or progressively if work spans multiple days.
4.6 Payment terms for the balance and any variations are 14 days from the invoice date, unless otherwise agreed.
4.7 Interest on overdue invoices accrues at 2.5% per calendar month, compounding.
4.8 The Consultant may withhold Deliverables until full payment is received.
5. Delivery of Deliverables
5.1 Deliverables may be provided by email, digital transfer, upload, or hard copy, depending on the agreed scope.
5.2 Delivery occurs when the Deliverables are transmitted to the Client or made available for download.
5.3 The Consultant shall not be liable for delays caused by weather, access issues, third-party data, safety issues, or circumstances outside reasonable control.
6. Client Responsibilities
The Client shall:
6.1 Provide safe, lawful, and unrestricted access to the site, including gates, keys, traffic control, inductions, and any permissions required.
6.2 Ensure that the site is safe and compliant with Queensland WHS legislation.
6.3 Provide accurate and relevant existing information (e.g., drawings, boundaries, services, title information, approvals).
6.4 Protect all survey marks and equipment placed by the Consultant.
6.5 Notify the Consultant of hazards, site restrictions, or sensitive environmental/cultural heritage areas.
6.6 Obtain any approvals or permissions required for the work unless otherwise agreed.
7. Accuracy, Standards & Professional Obligations
7.1 All surveying work will be performed in accordance with all relevant:
- legislation, specifically the Survey and Mapping Infrastructure Act (Qld) and Surveyors Act (Qld),
- statutory instruments, regulations, and practice directions in force under those Acts,
- professional standards and guidelines, including ICSM Special Publication 1 (SP1) where applicable.
7.2 Survey accuracy is dependent on site conditions, equipment limitations, environmental factors, and information provided by the Client.
7.3 The Consultant does not warrant that existing services or boundaries shown on third-party data are accurate.
8. Errors, Omissions & Corrections
8.1 The Client must review Deliverables and notify the Consultant of any errors or omissions within 14 days of delivery.
8.2 If the Consultant agrees that an error has occurred, it may correct or reissue Deliverables at its cost.
8.3 If errors arise from inaccurate client information, unnotified site changes, third-party data, or interference with survey marks, the correction will be treated as a variation.
9. Intellectual Property
9.1 The Consultant retains ownership of all intellectual property, methodologies, field data, raw survey data, calculations, and proprietary tools.
9.2 The Client receives a non-exclusive, perpetual licence to use the Deliverables for the purpose for which they were created.
9.3 Deliverables must not be altered without the Consultant’s written consent.
10. Liability & Limitations
10.1 The Consultant’s liability for loss or damage arising from the Services is limited to the amount of the Price, to the extent permitted by law.
10.2 The Consultant is not liable for:
- indirect or consequential loss (including delay, profit loss, or project impacts),
- reliance on third-party or client-supplied information,
- changes to site conditions after survey completion,
- loss arising from disturbance or destruction of survey marks.
10.3 Nothing in this agreement limits obligations arising from the current Surveyors Act or Queensland law.
11. Suspension & Termination
11.1 The Consultant may suspend services if:
- the Client fails to provide access,
- WHS risks exist,
- the Client fails to supply required information, or
- payment is overdue.
11.2 The Client may terminate the engagement with reasonable written notice and must pay for all work performed to that date.
11.3 The Consultant may terminate for breach, WHS risk, or long-term non-payment.
12. Privacy
12.1 Personal data will be managed in accordance with the current Privacy Act and the Australian Privacy Principles (APPs).
12.2 The Client authorises the Consultant to:
- collect and store information for project administration,
- use information for account management,
- provide information to credit reporting bodies when necessary.
13. Force Majeure
13.1 Neither party is liable for delays caused by events outside reasonable control, including weather, flood, fire, natural disasters, industrial action, acts of God, or system outages.
14. Governing Law
14.1 These terms are governed by the laws of Queensland.
14.2 Nothing in these term and conditions overrides statutory requirements under the relevant Survey and Mapping Infrastructure Act or Surveyors Act.
