Terms & Conditions

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.

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.

Invoicing & Payment

5.1. Unless otherwise agreed in writing, payment is due within 14 days of the draft report being issued. Certified Energy considers that the substantial majority of the agreed project work has been completed at this stage. All outstanding fees must be paid in full before final reports, certificates or other final deliverables are released.

5.2. Certified Energy may issue progress invoices for work completed on approved projects, including projects that have not yet reached the final reporting stage. Progress invoices may be issued monthly, with payment due in accordance with the terms stated on the invoice or accepted fee proposal.

Late Payments

5.3. Invoices are payable within the timeframe specified on the invoice or accepted fee proposal. Overdue amounts may incur interest where permitted by applicable law and subject to any agreed contractual terms. Payment extensions may be considered where requested and agreed in writing.

5.4. Where an invoice remains unpaid after its due date, Certified Energy may take reasonable steps to recover the outstanding amount. The client may be responsible for reasonable debt recovery costs, including legal, filing and collection expenses, to the extent permitted by applicable law.

Variations & Additional Work

5.5. Fee proposals are based on the project information, documentation and scope of services available at the time of preparation. Where additional information, design changes or revised project requirements result in work beyond the agreed scope, Certified Energy may provide a revised fee proposal or variation for client approval. Additional work will proceed following agreement on the applicable fees, and affected services may be paused pending that agreement.

5.6. Revisions. The agreed fee includes up to two report revisions arising from reasonable client-requested changes or design adjustments within the original project scope. Substantial redesign, additional revisions, changes to project requirements or work beyond the agreed scope may incur additional fees, subject to prior agreement. Revisions do not include services or assessments outside the original scope unless expressly agreed.

5.7. Where final drawings, reports or certificates require re-stamping, re-issuing or re-certification following client-requested project changes, additional fees may apply. Applicable charges will be advised and agreed upon before the additional work proceeds.

Delivery & Payment Methods

5.8. Agreed service delivery timeframes commence once Certified Energy has received all information and documentation reasonably required to undertake the services. Where information is incomplete, project requirements change or client approvals are delayed, delivery timeframes may be reasonably adjusted. Certified Energy will use reasonable endeavours to meet agreed timeframes, subject to the terms of the accepted fee proposal and applicable law.

5.9. American Express is not accepted as a payment method.

5.10. Cheques are not accepted as a payment method.

Fixed Fees & Variation Rates

5.11. Re-issuing a BASIX Certificate solely to update its expiry date incurs a fixed fee of $85 + GST. Additional changes to the certificate or underlying assessment may be subject to separate fees.

5.12. Re-issuing a NatHERS Certificate solely to update its expiry date incurs a fixed fee of $85 + GST. Additional changes to the certificate or underlying assessment may be subject to separate fees.

5.13. Unless otherwise agreed in writing, approved variation work is charged at the following hourly rates:

• Residential projects — $195/hour + GST
• Commercial projects — $240/hour + GST

5.14. Project Meetings and Consultations. Unless expressly included in the accepted fee proposal, additional project meetings, online consultations and one-on-one consultations requested by the client may be provided at an additional fee. Applicable rates and charges will be confirmed and agreed upon before the meeting or consultation is scheduled.

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.

Ownership of Delivered Material

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.

Intellectual Property

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.

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.