These terms and conditions govern the agreement between JAAC Trading Pty Ltd t/as LiveLocates (“LiveLocates”) and the Customer for the supply of services including subsurface detection services, vacuum excavation, concrete scanning and GPS Mapping as required (“Services”) as specified in a quote or Site Report, or otherwise agreed to between the parties. By signing any New Customer Detail form, credit application, accepting a quote or otherwise advising us to provide the Services, you are agreeing to these Terms & Conditions.

1. Supply of Services & Service Charge
1.1 LiveLocates agrees to supply to the Customer the Services at the Site Address and in accordance with the Job Details set out in LiveLocates’s Site Report upon the terms of this Agreement.
1.2 The Services will be performed in a proper and workman like manner.
1.3 The Customer acknowledges that LiveLocates will provide the Services within the parameters of your Site Location at the time of carrying out assessment and the information provided by you.
1.4 The Customer will pay a service charge for the Services at LiveLocates rates current at the time of provision of the Services subject to any increases quoted to the Customer (“Service Charge”). This includes any mobilization and demobilization charges as well as minimum site times charges as detailed in LiveLocates schedule of rates.

2. Payment
2.1 LiveLocates will provide a valid tax invoice (“Invoice”) in respect of the Service Charge and/or any additional charges which are the responsibility of the Customer pursuant to this Agreement.
2.2 The Customer will pay the Service Charge by the due date as shown on the Invoice.
2.3 If payment is made by cheque, the cheque shall be collateral only and shall not discharge the Customer’s obligation to pay under this Agreement until the cheque has been cleared by the drawer’s bank. If the Customer’s cheque is dishonoured or if money owing pursuant to this Agreement remains unpaid after the due date, LiveLocates may halt the provision of Services until full payment is made.
2.4 The Customer will be charged interest on any overdue amounts at the rate of 15% per annum simple interest.

3. Supply of Information
3.1 The Customer will supply to LiveLocates all information required and access to the Customer’s work site for LiveLocates to provide the Services.
3.2 If the Customer requests LiveLocates to obtain the DBYD Plans on the Customer’s behalf, a minimum of 5 working days’ notice is required prior to the scheduled locate date. The Customer acknowledges that LiveLocates is not liable for any damage caused or costs arising as a result of:
(a) the Customer’s failure to supply complete and current BYD plans, or
(b) less than the minimum 5 days’ notice is provided when requesting LiveLocates to supply the BYD plans.
3.3 The Services need not be commenced by LiveLocates until all information has been provided to or obtained by LiveLocates.
3.4 The Customer warrants that any information it supplies to LiveLocates is within current date and covers the vicinity of the works. The Customer agrees to indemnify LiveLocates against any loss or damage resulting from any outdated or incorrect location information.

4. Insurance
4.1 LiveLocates will hold and maintain during the term of this Agreement professional indemnity insurance in relation to the Services.
4.2 The Customer agrees and acknowledges that some of the Services will be carried out on the Site Address, of which the Customer has control. the Customer must affect and maintain at all times during the term of this Agreement and while LiveLocates is providing the Services, and any renewal or extension thereof:
(a) public liability insurance covering the provision of the Services at the Site Address, and
(b) such other insurable risks as LiveLocates may reasonably stipulate.

5. Exposure of Plant
5.1 The Customer acknowledges that:
(a) the information provided pursuant to this Agreement indicate the approximate location of underground plant and services (“Plant”) only;
(b) Plant should be exposed by hand alone with no machinery or sharp tools used, when working in the vicinity of or across the Plant;
(c) exposed Plant should be supported as required;
(d) depth:
(i) should never be assumed;
(ii) may not necessarily remain the same from one area to the next;
(iii) can vary due to such things as local authority works, erosion, grading etc, and
(iv) must always be checked by hand alone;
(e) the route of cables and wires may vary and may not maintain an equal distance from fences, walls etc;
(f) Plant can become entwined with roots of trees and caution should be taken when removing trees from the vicinity of Plant, and
(g) markers lines and/or tape provided by LiveLocates to show Plant is not conclusive of the exact location and/or route of Plant.
5.2 The Services as provided by LiveLocates do not precisely identify or expose the underground Plant by hand. If you require additional assistance in exposing the underground Plant by hand, please contact the LiveLocates office.
5.3 The Customer agrees that to the full extent permitted by law neither LiveLocates gives, nor any person purporting to act with the authority of LiveLocates has given, any condition, warranty, or representation whatsoever in favour of the Customer in respect of the Services, except as required by the Competition and Consumer Act 2010 (Cth) or any other applicable legislation.

6. Termination Provisions
6.1 Each of the following events is an Event of Default, namely:
(a) if the Customer fails to pay the Service Charge on the due date as required under this Agreement and such failure continues for more than 5 (five) Business days;
(b) if the Customer fails to perform or observe any of the covenants or provisions of this Agreement on the part of the Customer to be performed or observed and (if capable of remedy) such default continues for more than 10 (ten) Business Days (or such longer period as LiveLocates in its absolute discretion permits) after notice from LiveLocates requiring the Customer to remedy the same.
6.2 An Event of Default will result in the automatic termination of this Agreement and LiveLocates will be entitled to retain all Service Charges and other moneys previously paid by the Customer to LiveLocates under this Agreement.
6.3 Upon such termination, the Customer will forthwith discharge any outstanding Service Charges.

7. Limitation of Liability
7.1 LiveLocates’s liability is limited in the case of Services to any one or both of the following:
(a) the supplying of the Services again;
(b) the payment of the cost of having the Services supplied by LiveLocates again; and
to any lesser liability permitted by the relevant law.
7.2 Except to the extent that LiveLocates deliberately causes the relevant liability, LiveLocates shall not be liable under any circumstances for any claims, damages, obligations, losses, liabilities, costs, debts, or expenses (whether consequential or indirect, including but not limited to business interruption, lost profits, property damage, or personal injury) arising from:
(a) the Customer’s conduct including but not limited to any violation of any term of the Agreement;
(b) the Customer’s violation of any third party right, including but not limited to any copyright, property, or privacy right;
(c) the conduct, action or omission of any third party, including without limitation, any defamatory, offensive or illegal conduct of any third party; and
(d) any act of negligence, omission, or misconduct on the part of the Customer.
7.3 The Customer agrees to defend, indemnify, release from liability, and hold harmless LiveLocates, including its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including consequential losses) arising from:
(a) the Customer’s conduct, including but not limited to any violation of any term of this Agreement;
(b) the Customer’s violation of any third-party right, including but not limited to any copyright, property, or privacy right;
(c) the conduct, action, or omission of any third party, including, without limitation, any defamatory, offensive, or illegal conduct of any third party; and
(d) any act of negligence, omission, or misconduct on the part of the Customer..
except to the extent that such claims, damages, obligations, losses, liabilities, costs, debts, or expenses arise from a deliberate or negligent act by LiveLocates.
7.4 To the maximum extent permitted by law, the total liability of LiveLocates to the Customer for any claims, damages, obligations, losses, liabilities, costs, debts, or expenses arising out of or in connection with this Agreement, whether in contract, tort (including negligence), statute, or otherwise, shall not exceed the total amount paid by the Customer to LiveLocates under this Agreement.
This limitation of liability does not apply to:
Any liability arising from personal injury or death caused by the negligence of LiveLocates
Any liability that cannot be excluded or limited under applicable law, including the Australian Consumer Law.

8. Loss, Damage and Enforcement Expenses
8.1 The Customer will reimburse LiveLocates for all reasonable fees and expenses incurred by LiveLocates in connection with the recovery of overdue accounts and any legal proceedings brought against LiveLocates arising out of, or resulting from, or in connection with, the provision of, or in reliance upon the Services under this Agreement and arising from excavation at the Site Address in any way, including legal fees on a solicitor and client basis.
8.2 In addition to LiveLocates’s rights in clause 8.1, LiveLocates may sue for any loss of profits and consequential damage it has suffered as a consequence of the Customer’s refusal and/or failure to perform its obligations under this Agreement.

9. Miscellaneous Provisions
9.1 Any notice required to be served on either of the parties may be served personally or be left at or sent by letter addressed to the other party at the party’s address specified in the Schedule. If posted, the notice shall be deemed to be served 2 business days after posting. Notices sent by facsimile shall be deemed to be duly given within 1 business day of receipt by the sender of a transmission control report from the dispatching machine indicating successful transmission.
9.2 If any part of this Agreement is or becomes void and unenforceable then that part is or will be severed from this Agreement and the remainder shall not be affected.
9.3 This Agreement shall be governed by the laws applicable to the state or territory in which the works are being completed and the parties submit to the exclusive jurisdiction of the Courts in that relevant state or territory.
9.4 If the Customer comprises more than one person, each person shall be jointly and severally liable to perform the Customer’s obligations under this Agreement.
9.5 Neither party may assign its rights and obligations under this Agreement without the prior written consent of the other party.
9.6 No failure to exercise and no delay in exercising any right, power or remedy under this Agreement will operate as a waiver, nor will any single or partial exercise of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy.
9.7 Except as expressly provided in this agreement, this Agreement may be amended or varied only by agreement in writing signed by the parties.
9.8 No failure or omission by the parties to perform any of their obligations under this Agreement, except a failure to pay money will be a breach of this Agreement; or will create any liability, if such failure or omission arises from any cause or causes beyond the control of the relevant party, including but not limited to acts of god, fire, storm, lightning, flood, earthquake, acts of the public enemy, war, rebellion, insurrection, riot, invasion, strikes and lockouts. A party seeking to rely upon this clause must promptly advise the other party by notice in writing of the details of the relevant event.