Terms & Conditions

CONTRACT
1. The contract is between Build Pilot and the Client, whereby the Client engages Build Pilot in relation to Home Builders Advisory (“Home Builders Advisory”), whereby:

Build Pilot will offer the Client consulting services to match the Client with a Builder to suit the particular building project that the Client wishes to carry out in accordance with the requests of the Client;
Build Pilot will promote house and land packages but will then match the Client with a Builder to suit the particular house and land building project that the Client wishes to carry out in accordance with the requests of the Client; and
Build Pilot will provide a service of designing homes in accordance with the requests of the Client and a fee may be applicable for the Design Division service.

1. The Contract will consist of the following documents:

These Terms and Conditions;
The Terms and Conditions contained within the Website; and
The Disclaimer on the Website.

TERM
1. Subject to termination in accordance with clause 11 the approximate term for the completion of Home Builders Advisory is as follows:

Unless either party notifies the other party in writing prior to the end of the term, this Contract continues until Home Builders Advisory are completed.

CHARGES, PAYMENT BILLING & BILLING DISPUTES

Invoiced Charges for Home Builders Advisory

The Client understands that all payment for Home Builders Advisory will be invoiced to the client by Build Pilot.
The Client shall pay the fees by the Due Date as specified in the invoice throughout the Term.
Client understands that the Contractor will provide a quote to Build Pilot that Build Pilot will then forward direct to the Client on the Contractor’s behalf, and Build Pilot will sign documents on the Contractor’s behalf. The Contractor will issue invoices direct to the Client pursuant to the Building Services the Contractor provides to the Client and the Client will be bound by such terms and conditions of the invoices issued by the Contractor.

Commission

In the Event that the Client engages the Contractor to carry out the Building Services, then in such case:

1. The Client acknowledges that Build Pilot will be paid a commission from the Contractor as a fee for service.
2. The Client acknowledges that Build Pilot is receiving the same commission as outlined in clause 3.4 from each builder.

Overdue Payments

1. Build Pilot reserves the right to charge interest on any overdue amount payable to Build Pilot by the Client under the Contract. Interest will be charged from the Due Date until payment is received at a rate 2% + gst above the Commonwealth Bank Corporate Overdraft Reference Rate or such other equivalent interest rate basis plus 2% + gst should the Commonwealth Bank Corporate Overdraft Reference Rate be no longer published. The Client will be liable to pay to Build Pilot all expenses (including reasonable legal costs and expenses and the fees of Build Pilot’ debt recovery agents) incurred by Build Pilot in relation to recovering payments due under the Contract.
2. Build Pilot reserves the right to withdraw any discounts or Special Offers that the Client receives from Build Pilot in connection with the supply of the Service where payment is not received by the Due Date other than where a billing dispute has been raised in accordance with clause 5.

Billing and Billing Disputes

1. On and from the Commencement Date Build Pilot will provide the Client with an invoice providing a breakdown of the fees and charges for the Service and any other charges payable pursuant to the Contract in each Invoice Period.
2. For the avoidance of doubt, Build Pilot’ records and/or any other relevant records will be conclusive evidence of usage of the Service and the fees and charges payable by the Client.
3. Unless otherwise agreed Build Pilot will bill the Client:

Within seven (7) days of the Online Form being submitted.

1. Processing and verification procedures (including delays in receipt of billing information) may mean not all fees and charges during the period covered by a bill can be included in that bill. Build Pilot may include those charges in any subsequent bills.
2. Build Pilot reserves the right to re-issue any bill in the event that any error in the bill is subsequently discovered.
3. The Client is liable for all charges whether or not the Client authorised the particular use of Service by another person and the Client will continue to be liable for the charges if the Client allows another person to use the Service.

The Client may dispute an invoice if the Client reasonably believes that the Client is not liable to pay the charges due to any inaccuracy, omission or error in the invoice. Any dispute relating to the payment or accuracy of any invoice must be resolved pursuant to the Billing Disputes Procedure specified in clause 5.

PROVISIONS APPLICABLE TO THE HOME BUILDERS ADVISORY SERVICE

Provision of Service

Subject to the Client‘s compliance with the Contract, Build Pilot will use its best endeavours to provide the Home Builders Advisory in accordance with the Contract and the requests of the Client made during consultations with Build Pilot.
Build Pilot will advise the Contractor of the requests made by the Client during consultations with Build Pilot, and any arrangements made for Building Services associated with the build of the home will be between the Client and the Contractor.
All contracts in relation to the Building Services are between the Client and the Contractor direct and once such contract has been signed, the Client must liaise with the Contractor direct and any after sale service will be between the Client and the Contractor direct unless otherwise agreed in writing between the Client and Build Pilot.
Build Pilot shall not be liable for any Liability incurred by the Client due to a failure of the Contractor to commence any building services that they have been engaged to complete on the Commencement Date or complete the Building Services within the Estimated Time Frame.

Co-operation with Build Pilot

1. The Client must cooperate with Build Pilot and comply with any of its reasonable requests to allow Build Pilot to supply Home Builders Advisory to the Client efficiently. This includes meeting Build Pilot’ reasonable requests, at no further cost to Build Pilot, to:

provide any necessary forecasts and information to Build Pilot, on which Build Pilot will rely in establishing and supplying Home Builders Advisory to the Client.

Client’s Obligations:

1. The Client must not use, or attempt to use, Home Builders Advisory:

To breach any term of the Contract;
For any improper or unlawful purpose or allow others to do so;
In breach of any applicable Government Agency requirements, legislation and laws including but not limited to any privacy laws; copyright laws and telecommunications laws;
To expose Build Pilot to any Liability;
In any way which damages, interferes with or Interrupts Home Builders Advisory that Build Pilot provides to the Client or the Building Services the Contractor provides to the Client;
In any way which may damage any property or injure or kill any person; or
To transmit, publish or communicate material which is defamatory, offensive, abusive, indecent, menacing or unwanted.

4.7 The Client must:

(a) Liaise direct with the Contractor after a contract between the Client and Contractor in relation to the Building Services has been fully signed.

(a) Provide the land details for the land associated with the Plan to Build Pilot and all details are to be as accurate as possible;

(b) Conduct inspections or obtain independent professional advice or otherwise in order to satisfy themselves of the block dimensions;

(c) Arrange with adjoining neighbour(s) and obtain consent and/or the relevant approvals should retaining walls be required for the home.

DISPUTES PROCEDURE
1. The parties shall co-operate to investigate promptly and resolve any dispute concerning the accuracy of any billing data, any amount payable and any other issue arising pursuant to the Contract.
2. In the event of a dispute as to fees and charges, the Client shall notify Build Pilot of any dispute in writing no later than 21 days for the date of the relevant invoice, providing sufficient information to identify the invoice in question and the grounds of dispute. Failure to make such notification within the time frame shall be deemed to be a waiver of the Client’s rights to dispute the relevant invoice.
3. On receipt of a notice disputing fees under clause 5.2, the Representatives of both parties shall meet within five [5] Business Days and discuss and do all things reasonably required to expeditiously and amicably resolve the dispute.
4. In the event the parties are unable to resolve the dispute within [10] Business Days of the commencement of discussions under clause 5.3, each party shall internally escalate to an executive of the party. The executive shall within ten [10] Business Days attempt to resolve and settle the dispute. If the dispute remains unresolved, either party may, on giving written notice to the other party to such effect, commence legal proceedings in an appropriate court to resolve the matter.
5. During the existence of any dispute, the parties must continue to perform all of their obligations under the Contract, without prejudice to their position in respect of the dispute unless the parties agree otherwise and the Client must continue to make payments of the amounts of fees and charges or part thereof which are not the subject of dispute.

1. During the existence of any dispute, the parties must continue to perform all of their obligations under the Contract, without prejudice to their position in respect of the dispute unless the parties agree otherwise.

5.7 Nothing in this clause prevents a party from seeking urgent interlocutory relief required in relation to the Contract.

Confidential

5.8 All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential.

Venue and Jurisdiction

5.9 The Service offered by Build Pilot is intended to be provided to the residents of Australia. In the event of any dispute arising out of or in relation to the Contract, the parties agree that the exclusive venue for resolving any dispute shall be in the courts of South Australia, Australia.

COMPLIANCE WITH GOVERNMENT AGENCY REQUIREMENTS
1. In the event that Build Pilot is unable to provide the Home Builders Advisory substantially in the form and of the type contemplated under the Contract due to any direction of a Government Agency, law, rule, regulation, statute or ordinance then Build Pilot shall provide notice to the Client of that fact as expeditiously as possible and shall not be liable for any Liability incurred by the Client as a result of Build Pilot’ failure to provide Home Builders Advisory as contemplated pursuant to this clause 6.
2. Upon receipt by the Client of a notice under clause 6.1, the Client shall be at liberty to terminate Home Builders Advisory without penalty by notice to Build Pilot within 14 days of receipt of the clause 14.1 Notice. If the Client provides this notice to Build Pilot within the said 14 days Home Builders Advisory shall be deemed to be terminated by the Client.
NATURE OF THE CONDUCT
1. The Contract contains the entire agreement between Build Pilot and the Client and supersedes all prior communications and negotiations between the parties.
2. Unless otherwise specified in the Contract, no amendments or variation of the Contract is valid or binding on a party unless made in writing and signed by the Client and Build Pilot.
INDEMNITY
1. The Client shall indemnify Build Pilot from and against any Liability which may be incurred or suffered by Build Pilot arising from any one or more of the following:

the breach by the Client of a material term or any of the Client’s obligations under the Contract;
any negligent act or omission or wilful misconduct by the Client arising from the use of Home Builders Advisory, or otherwise arising out of the Client‘s obligations under the Contract;
Any direct or indirect consequence of the Client accessing, using or transacting on the Website or attempts to do so;
Any beach of the terms;
the use or provisioning of Home Builders Advisory; and
any claims or demands made upon Build Pilot by reason of any loss, injury or damage which may be suffered by any person from the provisioning or use of Home Builders Advisory.

DISCLAIMER

The Client understands and acknowledges that Build Pilot will provide Home Builders Advisory but will engage Contractors to undergo the Building Services.

1. The Client understands and acknowledges that the Contractors referred are independent of Build Pilot.

1. The Client understands and acknowledges that Build Pilot is not the builder.

1. The Client understands and acknowledges that Build Pilot’ process involves a schematic design only.

1. Build Pilot has not made any representation to the Client as to the work to be performed or the nature or quality of the work anticipated to be accomplished.

1. The Client agrees to satisfy themselves that the Contractors meet the standards of work that the Client requires.

1. The Client hereby holds Build Pilot harmless from any defect in workmanship, default, damage, injury, or expense arising out of the Building Services performed by the Contractors.

1. Build Pilot shall not be liable for any Liability incurred by the Client due to a failure of the Contractor to commence any building services that they have been engaged to complete on the Commencement Date or complete the Building Services within the Estimated Time Frame.

The Client understands and acknowledges that Build Pilot is not the builder and all Building Services are carried out by independent Contractors.

1. The Client understands and acknowledges that Build Pilot has explained all of the potential risks associated with the Building Services and/or entering into a building contract in detail and the Client is aware of such potential risks.

1. Build Pilot does not take any responsibility and will not be held liable if the Contractor becomes insolvent.

1. Build Pilot does not take any responsibility and will not be held liable for any changes in pricing pursuant to invoices between the Client and the Contractor.

1. The Client understands and acknowledges that all contracts in relation to the Building Services are between the Client and the Contractor direct. Build Pilot makes no representations in regard to the suitability of any of the terms of such contract for Building Services.

1. The Client acknowledges that the land on which the Building Services are conducted is not owned by Build Pilot, including but not limited to any of the land referred to by Build Pilot in relation to the house and land packages.

1. In the event the Client decides to proceed with a different builder to carry out the Building Services other than the one that Build Pilot has recommended to the client, then in such case Build Pilot makes no representations in regard to the suitability of the builder to carry out the Building Services and does not provide any guarantees or representations in relation to the success of the Building Services to be carried out.

1. The Client understands and acknowledges that all designs and materials produced by Build Pilot are covered by copyright pursuant to clause 12.

1. The Client understands and acknowledges that the Building Services to be carried out by the Contractor are subject to council approval and any and all other relevant required approvals which are to be carried out by the Contractor direct.

1. Build Pilot does not take any responsibility and will not be held liable if the Client requires any retaining, special approvals or special requirements.

1. The Client understands that prices associated with Home Builders Advisory and/or the Building Services may vary depending on selections, engineering, council requirements and adjustments to allowances.

1. The Client understands that in the event that retaining walls are required on the land by which the Building Services are to be carried out, then it is the Client’s responsibility to arrange the retaining walls and any required approvals and/or consents with the adjoining neighbour(s) and neither Build Pilot nor the Contractor will take any responsibility for the retaining walls and Build Pilot has not made any allowance for any retaining walls in any quote provided to the Client.

1. The Client understands and acknowledges that Build Pilot makes no representations in regard to the suitability of the land to build on or otherwise.

1. The Client understands and acknowledges that Build Pilot carries out Home Builders Advisory around the block dimensions only with overall parameters set. The Client agrees that they must carry out their own inspections and/or obtain independent professional advice or otherwise in order to satisfy themselves of the block dimensions.

1. The Client understands and acknowledges that in order for the Building Services to proceed, all Plans are subject to any remaining relevant processes.

1. The Client understands and acknowledges that all Plans are subject to engineering requirements.

1. The building company that is involved with this house and land package is independent of Build Pilot.

1. Build Pilot makes no representations in regard to the suitability of the land to build on for house and land packages or otherwise and the Client must satisfy them self of this by carrying out all relevant inspections and approvals, and the client must seek any professional advice that may be applicable.

1. The provisions of this clause 9 survive the termination of Home Builders Advisory

1. In the event that promotions are created by any building company direct, as indicated by Build Pilot, Build Pilot does not make any representation in relation to the suitability of such promotion. Build Pilot should be contacted to confirm full details of any promotions, and such promotions are subject to change at any time.

LIABILTY AND WARRANTIES
1. The Client acknowledges it has not relied on any representation or warranty made by Build Pilot which has not been stated expressly in the Contract.
2. Build Pilot will match Clients to Contractors based on the professional judgement of Build Pilot only, and matches will not be based on financial benefit to Build Pilot as Build Pilot will receive the same commissions from each Contractor.
3. Except as required by law or regulations or set out in this Contract, Build Pilot expressly excludes all Liability for all warranties, conditions, non-fraudulent representations express or implied concerning Home Builders Advisory, by Build Pilot and its related entities, including but not limited to those relating to the availability, performance quality or fitness for purpose of the Service.
4. To the extent permitted by law Build Pilot will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with Home Builders Advisory or these Terms (including as a result of not being able to use Home Builders Advisory or the late supply of Home Builders Advisory), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
5. Under no circumstances will Build Pilot be liable to the Client for loss of profit, loss of contracts or for any indirect economic or consequential loss whatsoever, whether arising from negligence, breach of contract or otherwise. This shall include but is not limited to loss caused by the following:
  1. The Client breaching any provision of the Terms or intending to breach any provision;
  2. Build Pilot is required to terminate the contract by law or;
  3. The provision of Home Builders Advisory to the Client by Build Pilot is, in the opinion of Build Pilot, no longer commercially viable.
6. Use of the Website and Home Builders Advisory is at the Client’s own risk. Everything on the Website and Home Builders Advisory is provided to the Client "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Build Pilot make any express or implied representation or warranty about Home Builders Advisory or any products or Services (including the products or Home Builders Advisory of Build Pilot) referred to on the Website. This includes (but is not restricted to) loss or damage the Client might suffer as a result of any of the following:

1. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

2. The accuracy, suitability or currency of any information on the Website, Home Builders Advisory or any of Home Builders Advisory’s related products (including third party material and advertisements on the Website);

3. Costs incurred as a result of the Client using the Website, the Home Builders Advisory or any of the products of Build Pilot; and

4. The Home Builders Advisory or operation in respect to links which are provided for the Client’s convenience.

1. The provisions of this clause 10 survive the termination of the Service.
TERMINATION AND SUSPENSION

Termination by Build Pilot

Build Pilot may, without liability, terminate the Contract or provisioning of Home Builders Advisory at any time after the Commencement Date, if Build Pilot reasonably determines that it is not technically or operatively feasible or commercially viable to supply Home Builders Advisory to the Client.
Subject to local applicable laws, Build Pilot reserves the right to terminate this contract at any time and may suspend or deny, in its sole discretion, the client’s access to all or any portion of the Website or Home Builders Advisory without notice if the Client breaches any provision of the terms of the Contract or any applicable law or if the Client’s conduct impacts Build Pilot' name or reputation or violates the rights of those of another party.
Build Pilot may, without liability, at its option either terminate or suspend the Contract by giving notice to the Client if:

The Client suffers an Insolvency Event; or
Build Pilot is required to do so under any law or to comply with an order, instruction or request of a Government Agency, an emergency services organisation or any other competent authority.

Termination by Client

1. The Client may after the Commencement Date, terminate the Contract if:

it does pursuant clause 6.2; and
Build Pilot commits a serious breach of the Contract, and has not remedied that breach within 30 days of becoming aware of that breach.

Termination By Either Party

1. Either party (“Affected Party”) may, without liability, terminate the Contract with immediate effect from the date of service of a notice (or with effect from a later date as the Affected Party may nominate in a notice) if any Force Majuere Event prevents the supply of Home Builders Advisory for more than 30 consecutive day.

Following Termination

1. On termination of the Contract for any reason:

each party must, on request by the other party, immediately return or destroy the other party’s Confidential Information, except to the extent that it is required by law to retain the other party’s Confidential Information;
Build Pilot may immediately stop supplying to the Client Home Builders Advisory;
unless the Contract expressly states otherwise, each persons’ accrued rights and obligations are not affected; and
the clauses of the Contract which are by their nature intended to survive cancellation of Home Builders Advisory will do so, which for the purposes of these General Conditions, include clauses 8, 9, 10, 13, and 16.

INTELLECTUAL PROPERTY
1. For all plans that are provided by the Contractor, the parties understand and acknowledge that the copyright to the building plans and designs are owned by the Contractor.
2. For all plans that are provided by Build Pilot, the parties understand and acknowledge that Build Pilot owns all of the copyright in all designs and materials produced by Build Pilot.
3. Build Pilot owns the copyright in all designs and materials created by Build Pilot and the Client must not take any plans created by Build Pilot to any builder to carry out the Building Services other than the one that Build Pilot has recommended to the client or the Contractor that Build Pilot has recommended unless Build Pilot does so on behalf of the Client.
4. Build Pilot owns all material (including the Intellectual Property Rights) developed by it, or its personnel, or at its or their discretion.
5. Build Pilot may permit the Client to use this material, or other material licenced by Build Pilot, as part of Home Builders Advisory. This permission is subject to any conditions which Build Pilot may impose from time to time and will cease when Home Builders Advisory is cancelled.
CONFIDENTIALITY
1. Build Pilot and the Client each agree to keep confidential the other’s Confidential Information and to not use the Confidential Information for any purpose other than that for which it was disclosed or which may cause the Provider loss.
2. The Provider retains all property rights in the Confidential Information.
3. The Recipient may disclose Confidential Information (to the extent reasonably necessary) to its Representatives for the sole purpose of assisting the Recipient for purposes related to the supply of Home Builders Advisory (or for the purposes which would be reasonably expected) including billing and account management, business planning and product development.
4. The obligations of confidentiality in this clause 13 do not apply to the extent disclosure is required by law or the rules of a stock exchange, a direction by Government Agency, or disclosure to professional advisors in connection with the supply of Home Builders Advisory .
5. The Recipient acknowledges that a breach of this clause 13 may cause the Provider irreparable damage for which monetary damages would not be an adequate remedy. Accordingly, in addition to other remedies that may be available, the Provider may seek injunctive relief against such a breach or threatened or suspended breach.
6. The Recipient‘s obligation with respect to the Confidential Information survive termination and bind the Recipient until the relevant Confidential Information has become part of the public domain other than in breach of an obligation of confidentiality.
NOTICES
1. Notices for the purpose of the Contract shall be in writing. A notice given to a party at that party’s address set out on the face or at such other address as may be substituted by written notice from such party to the other shall:

in the case of prepaid post, be presumed to be given 5 days after the date of posting;
be presumed to be delivered at the time of delivery if delivered during normal business hours;
be presumed to be given upon receipt by the sender of a satisfactory transmission confirmation report indicating due transmission without error
in the case of facsimile transmission.
be presumed to be given upon the sender’s computer system indicating transmission in the case of an email transmission.

WAIVERS
1. No waiver or indigence by any party to the Contract shall be binding upon the parties unless in writing.
GOVERNING LAW
1. This Contract shall be governed by law of South Australia and the parties agree to submit to the jurisdiction of the Courts of South Australia.
COUNTERPARTS
1. This Contract may be executed in any number of counterparts and by the parties on separate counterparts. Each counterpart constitutes the agreement of each part who has executed and delivered that counterpart.

CONFLICT OF INTEREST
1. In order to avoid any conflict of interest, the Client acknowledges that in the event the Client has already engaged a particular builder or Contractor to carry out Building Services, Build Pilot will be unable to match, refer, transfer or recommend the Client to a different builder or Contractor, other than in the event that the Client is engaged independently through the Company as outlined in clause 18.3.

1. In the event that the client returns to use the services of the Build Pilot, then the Build Pilot will be able to continue working with the Client and will be able to match the Client to engage the services of any other builder and /or contractor after a period of twelve (12) months from the date of the original Building Contract.

1. In the event that the Client has been engaged independently through the Company, then in such case the Company will match the Client to any builder the Company recommends based on the Clients requests and the nature of the Client’s project.

1. In the event that the Build Pilot has used marketing material of a particular building company, including but not limited to social media, plans and any other relevant promotional material, to attract Clients, then the Clients will be required to be matched with that particular builder company.

1. In the event that the Client does not agree to be matched with the corresponding building company pursuant to clause 18.4 then Build Pilot reserves their right to terminate this agreement in accordance with clause 11 but immediately.

CREDIT WORTHINESS

The User acknowledges that the provision of the Service, Build Pilot Equipment and any other obligation under the Contract by Build Pilot shall be subject to Build Pilot’ privacy policy, the requirements of the privacy act 1988 (Cth); Telecommunications Act 1997 (Cth); Telecommunications (interception and Access) Act 1979; Spam Act 2003 (Cth); and other applicable laws, codes and regulations.

1. For the purposes of processing the application for Service, establishing the User’s account and the ongoing credit management of the User’s account Build Pilot may need to disclose to a credit reporting agency personal information relating to the User which is in Build Pilot’ possession, including but not limited to, information referred to in clauses 18.3 and the User hereby consents to such disclosure or use.

1. Pursuant to clause 18.1 the following represents a list of User information relating to the User which may be disclosed to a credit reporting agency:

User name and address, ACN, ABN, business names, partnership details;
details of the User’s application for Build Pilot’ Services and/or services supplied to the User;
credit limits on the User’s accounts;
the amount of an payment which are overdue for at least 45 days;
where an overdue payment has been previously reported, advice that the payment is no longer overdue;
court judgement or bankruptcy orders made against the User;
that, in the opinion of Build Pilot, the User has committed a serious credit infringement;
that Build Pilot has ceased to provide Service to the User in accordance with the terms of this Contract as a result of User default relating to payment/credit; and
any additional and relevant information which Build Pilot may wish to use or believes should be disclosed may be disclosed or used.

18.4 The User agrees that Build Pilot may obtain from any person or body carrying on the business or undertaking involving the provision of information about the commercial creditworthiness of persons, any information concerning the User that concerns the User’s commercial activities or commercial creditworthiness for the purpose of assessing the User’s application for Service and the ongoing credit management (including collection of overdue amounts) of the User’s account. Build Pilot may, at its sole discretion, refuse to supply its services to the User on the basis of Build Pilot’ credit assessment of the User, after consultation with the User to confirm the accuracy of the assessment.

18.5 The User agrees that Build Pilot may disclose a credit report to any credit provider, debt collection agency or any Other Supplier for the purposes of:

assessment of the User’s creditworthiness;
The collection of payments that are overdue.

1. In addition if it should be required, the User agrees, within 10 Business Days of Build Pilot’ request to provide to Build Pilot any information (including the User’s Financial Accounts) which is reasonable necessary to assess the creditworthiness of the User.

DEFINITIONS

Building Contract means the building contract entered into between the Contractor and the Client direct for the Services that the Contractor is to carry out.

Building Services means the building works to be conducted by the Contractor in accordance with the client’s requests and pursuant to a building contract to be signed between the Contractor and the client direct.

Business Day - means a business day in the city where the Service is provided.

Client – means the Client engaging Build Pilot to carry out Home Builders Advisory and any of its employees, sub-contractors, agents and representatives.

Commencement Date - means, unless otherwise agreed, the day that the Contractors are to commence the Building Services.

Confidential Information - of a party means all information of a confidential nature relating to that party including anything which is indicated to be subject to an obligation of confidence which is disclosed by that party to the other party in relation to this Contract to supply service or comes to the knowledge or into the possession of the other party in connection with this Contract but does not include information:

the party creates (whether jointly or alone) independently of the other party’s Confidential Information;
that is public knowledge (other than as a result of a breach of confidentiality by the party or any person to whom the party has disclosed the information); or
obtained without restriction as to the further disclosure from a source other than the other party through no breach of confidentiality by that source.

Contractor means the independent builders, as chosen by Build Pilot, and any of its employees, sub-contractors, agents and representatives to be connected to clients to suit the particular building project being carried out by the Client, in accordance with the requests of the Client.

Day or day - means any day not limited to a Business Day.

Home Builders Advisory means the service that the Client has engaged Build Pilot to complete as outlined in clause 1.1.

Due Date - 21 days from the date the Invoice, unless specified otherwise by Build Pilot.

Estimated Time Frame means unless otherwise agreed, the time frame by which the Contractor is to complete the Building Services within.

Excluded Event – means:

a breach of the Contract by the Client;
a Force Majeure Event;
a negligent or fraudulent act or omission of the Client’s personnel; or
a failure of any of the Client’s Equipment.

Force Majeure Event – means:

any act of god or act of nature, fire, flood, storm, explosion, sabotage, riot, act of war whether declared or not, requirement or restriction of governmental authorities, inability or delay in the grant of governmental or other approvals, consent, permits, licences or authorities or any other like event; or
any strike, lockout, work stoppage or other industrial dispute of any kind; or
any act or omission of a third party which affects the provisions of Home Builders Advisory, including a failure to provide goods and services; or
any other similar circumstances beyond the reasonable control of the affected party.

General Terms and Conditions – means the general term and conditions contained in this document.

Build Pilot means Build Pilot as operated by GSTUDIO PTY LTD ACN 605 329 306 care of Clarico Level 3, 97 Pirie Street, Adelaide 5000 trading as Build Pilot (“Build Pilot”)

Government Agency – means any government or governmental, semi-governmental, administrative, municipal, fiscal, or judicial body, department, commission, authority, tribunal, agency, or other statutory entity including but not limited to the Australian Communications and Media Authority, the Australian Competition and Consumer Commission, the Australian Communications Industry Forum Limited, the Telecommunications Industry Ombudsman and any other government or statutory body or authority.

Insolvency Event – means:

bankruptcy proceedings are commenced against the Client, or the Client is declared bankrupt;
any step that is taken to enter into any scheme or arrangement between the Client and its creditors;
any step is taken by a mortgage to enter into possession or dispose of the whole or any party of the Client’s assets or business;
any step is taken to appoint a receiver, a receiver and manager, a trustee in bankruptcy, a liquidator, a provisional liquidator, an administer or other like person to the Client or to the whole or any part of the Client’s assets or business;
the Client suspends payment of its debts generally; or
the Client is or becomes unable to pay its debts when they are due or it is or is presumed to be insolvent for the purposes of any provision of the Corporation Act 2001 (Cth).

Intellectual Property Rights - means any intellectual or industrial property rights (including any registered or unregistered trademarks, patents, designs, or copyright) and includes the right to have Confidential Information kept confidential.

Interruption – In the supply of goods or a service (including the Service) means a delay in supply, a failure to supply or an error, defect in the supply of, those goods or that the Home Builders Advisory and Interrupts has a corresponding meaning.

Liability - means any direct or consequential liabilities, claims, losses, cost, charges, damages, injury or expenses of any nature.

Plans means the site plan and floor plan of homes.

Provider - means a party that discloses its Confidential Information to another party.

Recipient - means a party that receives or obtains Confidential Information of another party.

Related Body Corporate has the meaning given to that expression in the Corporation Act 2001 (Cth).

Representative – means a director, officer employee or agent.

Term - has the meaning given in clause 2.

Website means www.Build Pilot.com.au