HomeBuilder Terms and Conditions

Acumentis – HomeBuilder Terms and Conditions

HomeBuilder Terms and Conditions - Terms & Conditions

These terms and conditions apply to all services (Services) that Acumentis Group Limited ABN 50 102 320 329 of Level 6, 55 Clarence Street Sydney NSW 2000, its subsidiaries, related bodies corporate, licensees, franchisees and affiliates operating under the Acumentis brand (Acumentis) performs or provides to self managed super fund clients and/or their trustees (you), unless you and Acumentis sign a written agreement that expressly excludes or override these terms and conditions.

  • Introduction
    • The agreement between you and Acumentis consists of these standard terms and conditions and the Self Managed Super Fund Property Assessment Engagement Form, that Acumentis gives you (Proposal) confirming Acumentis’ proposal to provide Services to you. The Proposal will identify the Acumentis company, subsidiary, related body corporate, licensee, franchisee or affiliate operating under the Acumentis brand providing Services to you, and to whom these terms and conditions apply in their provision of Services to you.
  • Acceptance
    • Any direction or notification whether written or verbal from you to Acumentis, that indicates that you accept the Proposal and/or that you direct Acumentis to undertake the Services described in the Proposal, is deemed to be your acceptance of these terms and conditions and when an agreement is formed.
    • Acumentis may refuse to provide the Services until you provide written acceptance of the Proposal and these terms and conditions.
  • Term
    • Acumentis will commence the Services on either:
      1. the date that you accept the Proposal or direct Acumentis to provide the Services; or
      2. any other date that you and Acumentis agree in writing or is specified in the Proposal, and will continue until the Services are complete or Acumentis’ engagement is terminated in accordance with these terms and conditions.
  • Liability
    • To the full extent permitted by law you agree to release Acumentis and hold Acumentis harmless from all liability to you for or in respect of any loss, damage, costs and expenses of whatsoever kind which Acumentis have or may have or, but for the operation of this clause, might have had arising from or in any way connected with the Report, Services or the use of the Report or Service or any part of them. This release is complete and unconditional.
  • Duties
    • Acumentis will:
      1. exercise reasonable skill and care in performing the Services and will comply with any codes of practice and other standards applicable by law;
      2. use all reasonable efforts to inform itself of your requirements; and
      3. consult with you as Acumentis considers reasonably necessary throughout the performance of the Services.
    • You must:
      1. give Acumentis adequate directions and instructions to define your reasonable requirements of Acumentis in performing the Services;
      2. fully disclose to Acumentis all information, documents and other particulars you hold or have access to relating to the Property and the requirements for performing the Services or that Acumentis otherwise reasonably requests; and
      3. ensure that all information, documents and other particulars you give Acumentis relating to the Property and the Services are truthful, accurate and complete, and fully and frankly disclosed to Acumentis.
    • You warrant that:
      1. the instructions and subsequent information, documents and other particulars you supply to Acumentis contain a full and frank disclosure of all information that is relevant to our provision of the Services;
      2. any third-party expert or specialist reports you provide Acumentis for the purpose of Acumentis providing the Services are provided with the authority of the authors of those reports.
    • Changes to the scope of services
      • If any material alteration, addition to or deletion from the Services is required (Variations), Acumentis and you must agree on these Variations in writing, and they are not effective unless and until that occurs.
      • If the Services are varied in accordance with clause 1, Acumentis is entitled to claim payment for any varied services, and you agree to pay Acumentis in accordance with Acumentis’ normal rates or as Acumentis reasonably determines.
    • Reports
      • Due to changes in the property market and circumstances of the Property, the Services and Report can only be regarded as relevant as at the date of the Report. Any value specified in a Report may change significantly and unexpectedly at any time, including but not limited to as a result of general market changes or factors specific to the particular property. You accept the risks associated with market movement after the date of the Report, including without limitation, any fall in the market value of the Property.
      • Our provision of the Services is subject to the basis of assessments, qualifications and disclaimers and conditions as outlined in the Report. Acumentis does not represent it is expert in the areas including but not limited to Surveying, Building Certification(s), Quantity Surveying, Engineering, Town Planning, or Environmental Consultants.
      • All land areas, building areas and lettable areas referred to in a Report are approximate, and even professional surveyors can differ in relation to the measurement of areas. If you subsequently ascertain that areas referred to in a Report differ from other information provided to you, you agree to refer the Report back to Acumentis for comments and, where appropriate in Acumentis’ opinion, amendment.
      • Acumentis will not, nor is Acumentis required to, inspect the Property, and you acknowledge an agree that the Services do not include a physical inspection of the Property.
      • Reports will be based on:
        1. information and data generally available at the date of the Report; and
        2. the information you provide Acumentis about the Property, and will not reflect future values or predictions.
  • You agree that:
    1. any errors in the documents, information and other particulars you provide Acumentis about the Property; or
    2. your failure to provide or fully disclose to Acumentis information about the Property of which you are aware or ought reasonably be expected to be aware could result in errors in the Report, for which Acumentis will not be liable or responsible.
  • Records and documents
    • Neither the whole or any part of any documents Acumentis produces (including but not limited to Reports) or any reference to same may be included in any published document, circular or statement without Acumentis’ prior written consent, including as to the form and context in which it may appear. Acumentis may withhold its consent in its absolute discretion. Acumentis is entitled to make any approval of a request for consent conditional on payment of an additional fee and/or provision of an indemnity from you to Acumentis on terms Acumentis requires.
    • Subject to any laws to the contrary, it is Acumentis’ practice to destroy documents and records belonging to Acumentis after they are more than 10 years old. You consent to Acumentis destroying any documents that belong to you which become filed amongst Acumentis’ own papers. You agree that these data retention arrangements are acceptable.
    • Acumentis has a Privacy Policy, full details of which are available on our web site at www.lmw.com.au.
  • Fees and expenses
    • Acumentis’ fees for the Services will be charged on the basis set out in the Proposal, or as Acumentis and you otherwise agree in writing. GST at the prevailing rate will be added and forms part of Acumentis’ fees.
    • Unless Acumentis otherwise agrees in writing, fees and expenses will be invoiced before the Services are commenced, and are payable before we commence work and in accordance with Acumentis’ tax invoices.
    • If you instruct Acumentis to proceed with the Services and subsequently cancel after Acumentis has commenced work (but before Acumentis provides the Report), you will not be entitled to a refund.
  • Confidentiality
    • Each party must keep confidential any confidential or proprietary information that one party provides to the other, except:
      1. where the party who gives the information consents to disclosure;
      2. as may be required to be disclosed by law or to defend itself against a suit or action; or
      3. where information is already publicly known.
    • Sub-contractors
      • Acumentis may engage sub-contractors to perform all or any part of the Services, however, Acumentis remains liable to you for any of the Services that are provided by Acumentis’ sub-contractors. Acumentis is not required to disclose to you the involvement of any sub-contractors.
    • Termination
      • Acumentis may terminate its appointment to provide you with the Services, for any reason, on written notice to you. Termination will be without prejudice to either party’s accrued rights and obligations incurred prior to the date that termination becomes effective.
      • Acumentis will not be liable for any consequential loss or damage or loss of profits claimed which relates in any way to the services performed pursuant to these Terms, or any work done in connection with those services.
      • The releases, indemnities and limitations of liability in these Terms will not apply to conduct by Acumentis which is fraudulent and or wilfully dishonest.
    • Severance
      • If any provision of these terms and conditions is held to be prohibited, invalid or unenforceable in any jurisdiction:
        1. that provision is ineffective to the extent of the prohibition, invalidity or unenforceability in that jurisdiction, and
        2. the remaining provisions of these terms and conditions are not affected.
      • Intellectual Property
        • All intellectual property rights and all other rights in reports, drawings and accounts, including but not limited to any Reports and other documentation created, prepared or produced by Acumentis in relation to Acumentis’ performance of the Services, shall be exclusively owned by and remain vested in Acumentis.
      • Governing law
        • These terms and conditions are governed by the law in force in the state or territory in which Acumentis performs the Services and the parties submit to the non- exclusive jurisdiction of the courts of, or exercising jurisdiction in, that state or territory.
  • Miscellaneous
    • In these terms and conditions, unless the context indicates a contrary intention:
      1. Acumentis means the entity within the corporate group of Acumentis Group Limited that provides the Services and includes its subsidiaries, related bodies corporate, licensees, franchisees and affiliates operating under the Acumentis brands. The Acumentis entity providing the Services to you will be stated in the Proposal;
      2. Property means any properties in relation to which you ask Acumentis to perform assessment, advisory or other services, which may be detailed in the Proposal;
      3. Report means any report that Acumentis provides to you that is prepared and signed by a valuer representing Acumentis and formally issued to you; and
      4. You & your means any party to who Acumentis directly or indirectly provides Services, including Reports, jointly and severally.
    • a reference to: 
  1. the singular includes the plural and vice versa
  2. an individual or person includes a corporation, partnership, venture, association, authority, trust, state or government;
  3. time is to time in the state or territory where the Services are performed;
  4. a day is to a period of time commencing at midnight and ending 24 hours later;
  5. a month is to a calendar month;
  6. where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
  7. any headings in this document are for convenience only and do not affect interpretation; and
  8. including and similar expressions are not to be treated as words of limitation.
  • Unless expressly stated to the contrary in the quote, proposal, submission, annexure or letter of which these standard terms and conditions form part, if there is any inconsistency between these standard terms and conditions and the quote, proposal, submission, annexure or letter, these terms and conditions prevail to the extent of the inconsistency. These terms and conditions apply to the exclusion of any order form, terms and conditions or document that you issue to Acumentis.

Liability limited by a scheme approved under Professional Standards Legislation