Legal Information
These Terms and Conditions form the basis of our service agreement with clients and outline the responsibilities, payment terms, confidentiality, copyright and other conditions that apply when engaging Certified Energy's services.
Last reviewed: 6 January 2026
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01
Terms of engagement
1.1. These Terms and Conditions apply to services provided by Certified Energy to the client engaging those services. A service agreement begins when the client provides written acceptance of Certified Energy’s fee proposal or other written approval to proceed.
02
Changes to the agreement
2.1. The Terms and Conditions in effect when the service agreement is entered into will continue to apply to that agreement. Any variation to those terms must be made or approved in writing by Certified Energy.
2.2. Fee proposals issued by Certified Energy must be accepted within 90 calendar days of the proposal date. After this period, the quoted fees may be reviewed or varied. Any extension of the acceptance period must be agreed between Certified Energy and the client.
03
Comparable service quotations
3.1. To be considered for a price match, the client must provide a current formal quotation issued within the previous 30 calendar days. The quotation must clearly identify the project scope, company details, ABN and fees for the requested assessment or report.
A price match will only be considered where the competing quotation covers an identical scope of work and equivalent ESD services. Verbal quotations cannot be accepted. Certified Energy reserves the right to determine whether a quotation is genuinely comparable and whether a price match will be offered.
Price matching is assessed against like-for-like professional services, project scope and deliverables.
04
Client and consultant responsibilities
4.1. The client is responsible for providing Certified Energy with accurate, complete and legitimate project information. Certified Energy will perform its services using the information and documentation supplied by the client at the time of engagement and during the project.
4.2. Certified Energy does not accept third-party terms and conditions that conflict with the agreed scope of services unless expressly accepted in writing. If either party becomes aware of a potential conflict of interest, that party must notify the other as soon as reasonably practicable and explain the nature and extent of the conflict.
4.3. Assessments are completed by an appropriately accredited assessor or by staff working under the supervision of an accredited assessor.
4.4. Certified Energy will perform the services described in the fee proposal with due care, skill and diligence and in accordance with the professional standards reasonably expected of the consulting engineering profession in Australia.
4.5. If the client proposes changes to project plans, specifications or other project characteristics after engagement, Certified Energy may review and adjust the agreed fees, rates and service delivery timeframe to reflect the revised scope of work.
05
Fees, invoices and project variations
5.1. The client must settle all outstanding fees in full before final reports or certificates are released. Certified Energy estimates that approximately 90% of the project work has been completed once a draft report has been issued. Payment is therefore due within 14 days of the draft report being provided.
5.2. Certified Energy reserves the right to issue monthly invoices for work completed on approved projects that have not yet reached the final reporting stage.
5.3. Invoices are payable upon receipt unless otherwise agreed in writing. Overdue accounts may incur statutory interest calculated at the Reserve Bank Rate plus 2%. Payment extensions may be negotiated where mutually agreed.
5.4. Where debt recovery action becomes necessary, the client agrees to reimburse Certified Energy for reasonable costs incurred in recovering outstanding amounts, including legal, filing and collection costs where applicable.
5.5. Fee proposals are based on the information available at the time they are prepared. If additional information or changes arise after work has commenced, Certified Energy may pause work until a revised fee proposal has been accepted.
5.6. Additional fees apply where final drawings or certificates require re-stamping or re-certification following project changes.
5.7. Service delivery timeframes commence once all requested documentation has been received. Certified Energy will use reasonable endeavours to meet the agreed delivery timeframe but accepts no additional liability beyond the commitments stated in the fee proposal.
5.8. Credit card payments incur a 2% surcharge. American Express is not accepted.
5.9. Cheques are not accepted as a payment method.
5.10. Re-issuing a BASIX Certificate with an updated expiry date incurs a fixed fee of $85 + GST.
5.11. Re-issuing a NatHERS Certificate with an updated expiry date incurs a fixed fee of $85 + GST.
5.12. Approved variation work is charged at:
06
Project and client information
6.1. Certified Energy will not disclose the client’s name, contact details or project information except where disclosure is required to provide the agreed services or is otherwise authorised or required by law.
6.2. Fee proposals and service agreements between Certified Energy and the client must not be disclosed to third parties by either party, except where disclosure is authorised by the other party or required by an authorised government body or applicable law.
6.3. The client is responsible for safeguarding and appropriately using all materials delivered by Certified Energy. The client must not provide those materials to any person or entity for unauthorised reproduction, modification or use.
07
Ownership of project documentation
7.1. Certificates, reports, drawings and other deliverables prepared under the agreed scope of work become the property of the client once all agreed fees have been paid in full. These materials must only be reproduced as issued by Certified Energy and must not be modified. Where project plans or specifications change after delivery, additional assessment work may be required and a revised fee proposal may be issued before further services commence.
7.2. Copyright in all documentation remains with Certified Energy until payment has been received in full. Intellectual property rights continue to remain with Certified Energy after payment. Any use of documentation that has not been fully paid for may constitute a breach of copyright and may result in action to recover outstanding fees and protect Certified Energy's intellectual property.
08
Use of reports and professional services
8.1. To the extent permitted by law, Certified Energy is not liable for loss or damage arising from the client’s or a third party’s use, misuse or reliance on materials provided outside the purpose and scope for which they were prepared.
The client indemnifies Certified Energy against third-party claims arising from the use of those materials. Subject to any rights or remedies that cannot lawfully be excluded, Certified Energy will be discharged from liability relating to the services described in the agreed scope of work one calendar year after the date of the final invoice.
Nothing in these Terms excludes, restricts or modifies any statutory right or remedy that cannot legally be excluded.
09
The complete service agreement
9.1. The service agreement, including the accepted fee proposal, agreed scope of work and these Terms and Conditions, constitutes the entire agreement between Certified Energy and the client in relation to the services.
It supersedes all previous representations, agreements, statements and understandings relating to the same subject matter, whether made verbally or in writing.
10
Governing law and disputes
10.1. Any dispute arising from a contract or agreement between Certified Energy and the client shall be determined by a court of competent jurisdiction within the State of New South Wales, Australia.
10.2. These Terms and Conditions, together with the service agreement, are governed by the laws of the State of New South Wales, Australia.
10.3. Where applicable, invoices issued by Certified Energy may constitute a payment claim under the relevant Security of Payment legislation in the jurisdiction where the works are undertaken, including New South Wales and other applicable Australian states and territories.
11
Ending the agreement
11.1. If this agreement is terminated, the client remains responsible for payment of all work completed up to the date of termination, together with any reasonable disbursements or third-party costs incurred on the client's behalf.
Need clarification?
If you have any questions about these Terms and Conditions or your service agreement, please contact Certified Energy before work commences. We can clarify how the terms apply to your project or agreed scope of services.
Contact Certified Energy