Terms and Conditions

Simplicity and effectiveness, ensuring clients have full control

1. Engagement

1. 1.1. OSHGroup Pty Ltd ABN 56 124944 574 (OSHGroup) agrees to provide the services described in this quotation to the Client named in this quotation.
2. 1.2. OSHGroup is engaged under this agreement as an independent contractor and not as an employee.
3. 1.3. This quotation is valid for thirty (30) days from the date of issue.
4. 1.4. Provision of a Purchase Order Number and or signing the Quotation by the Client will be taken as agreement of these Terms and Conditions.

2. Scope of Work & Services

1. 2.1. The Scope of Work is defined in the quotation.
2. 2.2. The Client must ensure all information required for OSHGroup to successfully complete the works, is provided prior to works commencing. This includes (for example, but not limited to): inductions, specific training, and specific Personal Protective Equipment required.

3. Fees & Reimbursements

1. 3.1. All prices quoted will exclude GST, unless the quotation specifies otherwise.
2. 3.2. The Client must pay all tax invoices issued within 30 days from date of invoice.
3. 3.3. OSHGroup will submit the invoice/s to the specified mailbox. Should the Client require the invoice to be uploaded to a Client specific portal, administration costs will apply.
4. 3.4. Credit card payments (Visa and Mastercard) attract an additional 1.5% merchant fee.
5. 3.5. OSHGroup reserves the right to charge interest on any invoice which remains due and unpaid for at least 60 days after the date of invoice. Interest will accrue daily on and from the 60th day from date of the invoice by the Company and will be invoiced monthly until paid. (The interest rate is calculated on the Reserve Bank of Australia 90 day bank bill rate plus 5%).
6. 3.6. Additional disbursements, work hours, inductions etc. not covered in the quote will be costed using the applicable hourly rates.
7. 3.7. Any additional costs incurred by OSHGroup, relevant to the scope of work, that are not outlined in the quote, will be reimbursed by the Client at cost, plus 20%.
8. 3.8. The Client will be liable for all damage to OSHGroup equipment which has been deployed in the care of the Client, whether the damage is undertaken accidentally or malicious.
9. 3.9. OSHGroup’s standard fees are reviewed annually. Should the project exceed 12 months in duration, the quotation will be subject to these increases.
10. 3.10. Cancellation fees are applied in line with OSHGroup’s cancellation policy, which can be provided upon request. For any onsite services, any cancellations or amendments to the agree date within five (5) business days will incur a 50% fee of the site visit costs, for the date of cancellation or amendment.
11. 3.11. A minimum of three (3) hours duration, per personnel onsite, applies for site-based services.

4. Indemnities

1. 4.1. To the maximum extent permitted by law the Client indemnifies OSHGroup and its representatives against all liabilities, losses, claims, costs or expenses incurred in connection with this Agreement or the Services except to the extent that such liabilities, claims, costs or expenses were caused or contributed to by negligence on the part of OSHGroup.

5. Intellectual Property

1. 5.1. The Client acknowledges that OSHGroup remains the owner of all intellectual property provided or created, for the purposes of or in connection with the supply of Goods and/or Services under this Agreement.
2. 5.2. The documentation issued to the Client by OSHGroup during this Agreement will remain the exclusive property of the Client and are to be kept strictly confidential.

6. Confidentiality & Privacy

1. 6.1. All parties under this agreement agree that each shall treat all information provided by a party to the other as confidential. Both parties agree to:
   1. 6.1.1. Not disclose any Confidential Information and take all necessary steps to keep Confidential Information confidential.
   2. 6.1.2. Ensure that the Personnel keep Confidential Information confidential.
   3. 6.1.3. Refrain from using or attempting to use Confidential Information in any manner which will or may cause or be calculated to cause injury or Loss to OSHGroup or its clients.
   4. 6.1.4. Refrain from copying, transmitting, retaining or removing any Confidential Information, or attempting to do the same.
   5. 6.1.5. Use its best endeavours to prevent the disclosure of any of the Confidential Information by or to third parties.
2. 6.2. The Client acknowledges and agrees that:
   1. a) OSHGroup is bound by the Privacy Act 1988.
   2. b) The Client will act in a manner which will not cause OSHGroup to be in breach of the Privacy Act 1988.
   3. c) The Client must immediately notify OSHGroup of any use or disclosure of information which would cause OSHGroup to be in breach of the Privacy Act 1988.
   4. d) The Client must comply with all relevant Privacy Act 1988 obligations and those outlined in the Notifiable Data Breach (NDB) Scheme.