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SAFEOPS GROUP
COMMERCIAL MANAGEMENT & BUSINESS SUPPORT
TERMS OF ENGAGEMENT
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Version:
1.3-draft-review, updated 9 October 2026
Status:
Published for pre-launch review.
Final launch version pending.
Effective date:
2026-10-09
Service provider:
Andy Sargon Polis trading as SAFEOPS GROUP
ABN:
78 906 434 272
Email:
info@safeopsgroup.com.au
1. OUR AGREEMENT
These terms apply to Commercial Management & Business Support
supplied by the service provider identified above (SAFEOPS, we, us)
to the client identified in our proposal (you).
Your agreement comprises the accepted proposal, this version of
these terms and any subsequent variation agreed in writing.
Specific provisions in the accepted proposal prevail over these
terms to the extent of an inconsistency, subject always to rights
that cannot lawfully be excluded.
An enquiry does not create a paid engagement. The agreement forms
when your authorised representative accepts our current, unexpired
proposal through the portal, by signature or by an express written
acceptance. The proposal and applicable terms must be provided
before acceptance. Both parties agree to use electronic
communications for this process. We will provide a copy of the
accepted documents.
2. SERVICES AND SCOPE
We provide only the services and deliverables specified in your
proposal. These may include quotes and commercial administration;
claims, invoicing and payment tracking; variations and factual
records; operations and workforce coordination; business records
and management summaries; systems and templates; WHS and quality
documentation; and business-development support.
The proposal identifies the engagement type, included tasks,
deliverables, allowances, exclusions, fees, payment arrangements,
responsibilities and timing. A general website service description
does not include every listed service in your engagement.
One-off, project-based and ongoing support are available.
No engagement includes unlimited tasks, revisions, site attendance,
emergency response or full-time availability unless expressly agreed.
3. OUR RESPONSIBILITIES
We will perform the agreed services with due care, skill and
diligence, communicate material issues and work to agreed dates.
Where no timeframe is agreed, services will be supplied within a
reasonable time.
We do not guarantee payment by third parties, successful tenders,
profit, finance approval, dispute outcomes or a particular
commercial result. This does not reduce any expressly agreed
deliverable or guarantee or remedy required by law.
4. YOUR INFORMATION AND DECISIONS
You must provide reasonably complete and accurate information,
identify known deadlines, arrange authorised access and give
instructions and approvals in time for the agreed work. Tell us
promptly about material changes, disputed matters or errors
you discover.
We may rely reasonably on supplied information but will raise
material inconsistencies we identify. You review factual details,
amounts and business decisions requiring your approval before
documents are issued on your behalf. Your approval does not excuse
an error or failure for which we are responsible.
You remain responsible for operating your business, implementing
decisions and maintaining required records. Responsibility for
monitoring or meeting a particular deadline must be allocated in
the proposal or another written agreement. Once we accept that task,
we remain responsible for performing it with due care and skill.
5. AUTHORITY TO ACT
We may communicate and perform administrative tasks on your behalf
only within the authority you give us in writing. You must identify
the person authorised to instruct us and any financial or
decision-making limits.
We cannot sign contracts, agree prices or settlements, waive rights,
hire or dismiss personnel, place orders or authorise expenditure
without your specific written authority. Preparing a document or
recommendation is not approval of it on your behalf.
Access to software does not itself give authority to transfer money
or change payment details. Unless separately agreed with appropriate
controls, you approve and release payments yourself. We do not hold
money recovered from your customers.
This agreement does not appoint us as your director, partner or
joint venturer. It does not exclude any responsibility arising under
applicable law from work actually performed.
6. SPECIALIST SERVICES AND LIMITATIONS
This engagement does not include legal advice or representation,
tax or BAS agent services, financial product advice, engineering,
statutory certification or any other regulated service requiring an
authorisation we do not hold.
Business-record and workforce support is administrative. It does
not include determining tax liabilities, GST treatment, PAYG
withholding or superannuation obligations, preparing or lodging
BAS or tax returns, or providing payroll services that involve
interpreting taxation law. Such work must be handled through an
appropriately qualified and authorised adviser.
Commercial support may include factual correspondence, document
organisation and administrative assistance with claims or
variations. It does not include legal opinions about entitlement,
court proceedings or adjudication representation. You approve
claims and sign declarations requiring your knowledge or
authorisation.
WHS documentation supports, but does not itself implement, risk
controls or certify compliance. You remain responsible for your own
duties, including implementation, consultation and training. We
retain our own duties. Neither party transfers its WHS obligations
through this agreement.
7. CHANGES AND ADDITIONAL WORK
New tasks, additional sites, increased volumes, substantive revisions
or changed priorities outside the agreed scope require written
agreement about any extra fee and timing before the additional work
starts.
Email or a recorded portal approval may confirm a variation.
We will not treat silence as approval. Nothing in this clause
permits charging you again for an obligation already included in
the agreed fees.
8. FEES, EXPENSES AND PAYMENT
Fees are in Australian dollars. The proposal states the fee basis,
applicable GST, total, any commencement payment, billing periods
and remaining payment dates. GST is charged only where applicable.
Any advance payment must be expressly stated in the proposal.
Unless the proposal specifies another due date, an invoice that is
not a commencement payment is due seven calendar days after you
receive it. Fees for properly supplied services are not conditional
on payment by your own customers.
Travel, materials, software, subcontractors and other expenses are
chargeable only if included in the accepted proposal or approved by
you before they are incurred. There is no commission, referral fee
or success fee unless separately agreed in writing, with its
calculation and payment trigger specified.
A retainer covers only its defined services or allowance. Unused
advances are not automatically forfeited. The proposal must state
the treatment of unused allowances; if it does not, an unearned
balance remains a credit and is reconciled under clause 14.
Selecting ongoing support does not authorise a subscription or
future card debits. Automatic recurring payments require separate
express agreement to the amount or calculation, frequency and
cancellation arrangements.
9. TIMING AND ACCESS
We commence on the agreed date once the required payment,
information, approvals and access are available. Payment alone
does not book an immediate start or an inspection appointment.
If a dependency or event outside either party's reasonable control
affects timing, the affected party must notify the other promptly,
explain the impact and take reasonable steps to reduce it.
We will agree a revised programme where practicable. This is not
an automatic release from liability for our own failures or from
rights required by law.
Site visits and after-hours work are included only where agreed.
Both parties must comply with applicable safety requirements.
We may stop affected activities where there is a reasonable safety
concern and will promptly explain what is needed to resume safely.
10. CONFIDENTIALITY, PRIVACY AND TOOLS
Each party must protect the other's non-public business information
and use it only for this engagement, unless disclosure is authorised,
required by law or the information is already lawfully public.
We may share information only as reasonably necessary with
personnel, approved service providers and professional advisers
subject to appropriate confidentiality obligations. We remain
responsible for subcontracted work we engage to deliver our
services. Material subcontracting of the agreed work will be
disclosed before it occurs.
Both parties must use reasonable security safeguards and share
personal information only with an appropriate lawful basis.
We use client information for delivery, administration, payment
and lawful recordkeeping, consistent with applicable privacy
obligations and the privacy information supplied before collection.
Cloud or AI-assisted tools must be assessed and used consistently
with these obligations. We will review their outputs before external
issue and will not authorise use of your confidential information
to train general-purpose AI models without separate permission and
a lawful basis. Any material offshore data arrangements will be
disclosed before the affected information is shared.
Both parties will promptly notify the other of a security incident
affecting engagement information and cooperate with required
responses. We will not publish your name, logo, records or testimonial
without permission. This clause is not a substitute for a privacy
policy or collection notice.
11. DOCUMENTS AND INTELLECTUAL PROPERTY
Your original records, data and materials remain yours.
Our pre-existing templates, tools, methods and general know-how
remain ours.
Once the relevant fees are paid, you receive a perpetual,
non-exclusive licence to use, copy and adapt the final deliverables
for your business and their agreed purpose, including intended
submissions to clients, builders, advisers or regulators. Editable
files are included where specified in the proposal. Our generic
templates must not be resold as standalone products without
permission.
We will not revoke the right to use paid deliverables because of
an unrelated fee dispute. We do not undertake responsibility to
an additional party or for a new purpose without agreement,
except where the law requires otherwise.
12. CONFLICTS OF INTEREST
We will disclose a material conflict or relationship we identify
that may affect the engagement. Both parties must raise relevant
known conflicts promptly. We may agree safeguards, decline the
affected task or end it with a fair reconciliation of fees.
Providing commercial support to one project party must not be
presented as independent verification for an opposing party.
Inspection or verification services require their own agreed scope
and conflict assessment.
13. PAYMENT QUERIES AND SUSPENSION
Raise invoice concerns promptly, explaining the disputed amount.
Undisputed amounts remain payable when due. A delay in raising a
concern does not automatically waive a valid claim or statutory
right.
If an undisputed amount remains overdue, we may suspend affected
services after written notice identifying the amount and allowing
at least five business days to remedy the non-payment. We will take
reasonable steps to flag known imminent deadlines and minimise
avoidable disruption.
We may suspend affected work immediately where reasonably necessary
because it would be unlawful, unsafe or expose confidential
information to a material security risk. We will explain the reason
and reasonable steps needed to resume. We will not charge for
services we do not provide during suspension, except separately
approved, unavoidable third-party costs lawfully payable.
14. CANCELLATION, TERMINATION AND REFUNDS
You may cancel a one-off or project engagement by written notice.
Either party may end ongoing support on 14 calendar days' written
notice, unless a different arrangement has been expressly agreed
in the proposal.
Either party may terminate for a material breach that the other
party does not remedy within five business days after written
notice, where the breach can be remedied. Immediate termination
is available for a serious breach that cannot reasonably be
remedied or where continued performance would be unlawful or
unsafe.
On termination, we will provide an itemised reconciliation.
Subject to your statutory rights, you pay for services properly
supplied up to termination, including agreed work during any notice
period, plus reasonable, pre-approved third-party costs that cannot
be recovered after reasonable mitigation. Part-completed fixed-fee
work is valued reasonably by reference to completed deliverables,
not automatically the full fee.
There is no automatic forfeiture of all payments, charge for
unperformed future services or blanket cancellation penalty.
Any advance exceeding the amount properly payable will be refunded
within 14 calendar days after termination. Where law requires an
earlier or larger refund or another remedy, that right prevails.
Costs arising from our own breach are not passed to you as
cancellation costs.
15. HANDOVER AND RECORDS
We will return your supplied records and provide a reasonable
handover of completed work, outstanding tasks and known deadlines.
Your original records will not be withheld because of a fee dispute.
Substantial transition assistance beyond a reasonable handover
requires an agreed scope and fee.
You retain control of your business accounts and should remove our
access when no longer needed. We may retain copies only for a
legitimate legal, insurance or recordkeeping purpose, subject to
confidentiality, security and applicable retention and deletion
requirements.
16. CONSUMER RIGHTS AND RESPONSIBILITY FOR LOSS
Nothing in this agreement excludes, restricts or modifies a
consumer guarantee, remedy or other right that cannot lawfully
be excluded under the Australian Consumer Law or other
applicable law.
Each party remains responsible for its own acts, omissions and
breaches as determined by law. Each must take reasonable steps to
reduce avoidable loss. We do not assume responsibility for a client's
independent decision, inaccurate information or a third party's
failure, but only to the extent the loss was not caused or
contributed to by our own breach, negligence or other legal
responsibility.
17. QUESTIONS AND DISPUTES
Contact info@safeopsgroup.com.au with a clear description of the
concern and relevant records. We will acknowledge it within five
business days and seek a practical resolution promptly.
The parties will first try to resolve the matter through their
nominated representatives. Mediation may be arranged by agreement.
Nothing prevents a party obtaining urgent relief, protecting a
statutory deadline, exercising consumer rights or approaching a
regulator, court or tribunal with jurisdiction.
18. NOTICES, CHANGES AND GOVERNING LAW
Written notices may be sent to the email addresses stated in the
proposal or later nominated in writing. A notice is effective when
actually received; automated delivery failure does not establish
receipt. Business days are Monday to Friday excluding public
holidays in New South Wales.
The version accepted with your proposal governs that engagement.
Publishing updated website terms does not change an existing
agreement without both parties' agreement.
New South Wales law applies, subject to mandatory laws and rights
that apply elsewhere. The parties submit to the non-exclusive
jurisdiction of NSW courts and any tribunal with jurisdiction.
If a provision is unlawful or unenforceable, the remainder
continues to the extent it can operate lawfully.
Commercial Management & Business Support
Terms of Engagement
Version 1.3-draft-review · Effective 9 October 2026
This version is published for pre-launch review. The final terms will be confirmed before launch.
