Terms and Conditions of Engagement – Professional Services Agreement
Ostanes Engineering Pty Ltd
Terms of Engagement 2025
© 2025 Ostanes Engineering Pty Ltd | www.ostanes-engineering.com
- Definitions
As defined in the current Ostanes Engineering Terms and Conditions published on its website.
- Engagement and Acceptance
These Terms govern all services provided by Ostanes Engineering Pty Ltd (‘the Consultant’) to the Client. Acceptance of a proposal or the commencement of work constitutes agreement to these Terms.
- Governing Standards
All work shall be undertaken in accordance with relevant Australian Standards, codes of practice, and professional guidelines applicable to engineering services.
- Scope of Services and Variations
The services to be provided are limited to those described in the Consultant’s proposal. Any additional work requested by the Client constitutes a Variation and must be approved in writing. Approved Variations will be charged at the Consultant’s current hourly or agreed rates.
- Client Obligations and Cooperation
The Client must provide all necessary information, documentation, decisions, and site access in a timely manner to enable the Consultant to perform its services. Ostanes Engineering shall not be liable for delays, inaccuracies, or costs resulting from the Client’s failure to comply.
- Fees, Payments and Quotations
Fees are payable as set out in the Consultant’s Fee Proposal. Unless otherwise stated, quotations are valid for 30 days from the date of issue. The Consultant may issue progress claims or milestone invoices for ongoing work. Payment is due within 7 days of invoice. Late payments attract interest at 12% per annum, compounded monthly, and recovery costs where applicable.
- Cancellations and Appointment Fees
Where the Client cancels or postpones work after acceptance, fees for work completed to date and any committed costs shall remain payable.
- Insurance
Ostanes Engineering holds Professional Indemnity, Public Liability, and Workers’ Compensation insurance compliant with Australian requirements. Certificates of currency are available upon request.
- Limitation of Liability
To the extent permitted by law, the Consultant’s total aggregate liability to the Client for loss or damage arising from the services (whether in contract, tort or otherwise) is limited to the lesser of: (a) the total professional fees paid for the services, or (b) the amount recoverable under the Consultant’s Professional Indemnity insurance. The Consultant shall not be liable for indirect, consequential or special losses, including loss of profit, opportunity, or data.
- Indemnity
The Client shall indemnify and keep indemnified Ostanes Engineering from all claims, losses, damages, and expenses arising from misuse or unauthorised reliance on deliverables, or from information, design, or instructions supplied by the Client that are inaccurate or incomplete.
- Intellectual Property and Use of Documents
All drawings, calculations, designs, specifications, and reports prepared by Ostanes Engineering remain its intellectual property. The Client is granted a non-transferable licence to use such documents solely for the project purpose and site for which they were prepared. Reuse or modification without written consent is prohibited.
- Confidentiality and Third-Party Reliance
Information provided by either party shall be kept confidential except as required by law. No third party may rely upon any report or advice from Ostanes Engineering without express written consent.
- Subcontracting
Ostanes Engineering may engage subcontractors or subconsultants to perform part of the services. The Consultant is not responsible for any act or omission of such subcontractors unless expressly agreed in writing.
- Force Majeure
Neither party is liable for failure to perform obligations due to causes beyond its reasonable control, including natural disasters, strikes, pandemics, or government restrictions. Time for performance shall be extended accordingly.
- Dispute Resolution
If a dispute arises, the parties must negotiate in good faith. If unresolved within 14 days, either party may refer the matter to mediation under the Australian Disputes Centre before pursuing litigation, unless urgent relief is required.
- Respectful Conduct and Right to Terminate
Ostanes Engineering maintains a zero-tolerance policy for abusive, threatening, or inappropriate conduct towards its staff. The Consultant may immediately terminate services if such conduct occurs. The Client remains liable for all work completed to the termination date.
- Standards and Compliance
The Consultant’s services are provided consistent with its obligations under the Professional Engineers Act 2002 (Qld), Work Health and Safety Act 2011 (Cth), and other applicable Australian regulations.
- Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
- Governing Law
These Terms shall be governed by and construed in accordance with the laws of Queensland, Australia, and the parties submit to the jurisdiction of its courts.
