1.1 We will provide you with a copy of these Terms and with a quote (Quote) before you engage our services (Services) or purchase our products (Products).
1.2 By paying any amount to us in respect of the Services and/or Products, or otherwise instructing us to proceed with the Services or delivering the Products in writing, you acknowledge that you have read and understood these Terms and the Quote. As such, you agree to be bound by these Terms and the Quote, and all our other policies.
1.3 Should you request an increase in the level of Services and/or Products, after receiving the initial Quote, we will provide you with a variation to your Quote in accordance with clause 6 and you agree to be bound by the variation to Quote together with our Terms, as at that date.
1.4 The terms set forth in the Quote are incorporated into these Terms. In the event of any conflict between these Terms and the Quote, the terms of the Quote shall prevail to the extent of the inconsistency.

2.1 We reserve the right to update and change these Terms from time to time by providing you with written notice.
2.2 You will be subject to the Terms in force at the time when you engage our Services or purchase our Products, unless agreed otherwise by both parties in writing.
2.3 Your continued use of our Services and/or Products constitutes your acceptance of the updated Terms and is taken as your agreement to be bound by the updated Terms.
2.4 Should you object or disagree to the updated Terms, your only remedy is to contact us at [email protected] and immediately discontinue your use of the Servicesand/or Products.

3.1 The specific Services and/or Products to be provided by us will be detailed in the Quote, which will outline the scope, nature, and extent of the Services and/or Products, including any deliverables, timelines, fees and payment.
3.2 A description of each of the Services and/or Products and their inclusions will be provided following an initial consultation with one of our representatives.
3.3 We reserve the right at our sole discretion to vary our Service offering and/or Products from time to time.

4.1 The Fees for our Services and/or Products (Fees) are as indicated in the Quote provided to you.
4.2 All Fees for our Services and/or Products are in Australian Dollars (AUD) unless indicated otherwise.
4.3 All Fees are inclusive of GST (if applicable) unless indicated otherwise, and exclude delivery charges and customs duty and other taxes, if applicable.
4.4 We reserve the right to modify, cancel and limit any quote, Services and/or Products at any time.

5.1 We will send you invoices for our Services and/or Products in the manner stated in the Quote and you agree to pay the invoices using the payment method specified in the Quote by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension or termination of use of our Services and/or Products.
5.2 All invoices must be paid in full, in accordance with the Quote.
5.3 All deposits and Fees paid are non-refundable after purchase of Product or commencement of our Services.
5.4 If you fail to pay our Fees when due, as indicated on the invoice, you acknowledge that we reserve the right to suspend or terminate the delivery of our Services and/or Products. We will not be liable for any loss suffered by you as a result of such suspension or termination.
5.5 We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.
5.6 You must pay us all Fees and other amounts without set-off or claim under any circumstances, including if a dispute exists in relation to the Services and/or Products provided.

6.1 Any requested additions to our Services and/or Products, made after you have received and accepted our Quote (Variation to Quote) will incur additional charges or Fees and we will provide a further Quote for the Variation to Quote (Further Quote).
6.2 You agree that the Fee and payment for the Variation to Quote shall be as stated in the Further Quote.
6.3 All additional work in accordance with this clause must be submitted and approved by both parties in writing by email.

7.1 We offer a number of services and products from time to time.
7.2 You acknowledge and agree that each service offering and/or products may have different terms, prices and fees, as contained in any contract entered into with you and us for those services and/or products.
7.3 We provide the Services and Products on an "as-is" and "as available" basis and whilst every effort is taken to ensure the content provided is accurate, we make no representations and give no guarantees or warranties about the currency, suitability, reliability, availability, timeliness and/or accuracy of the content for any purpose.
7.4 It is your responsibility to independently verify the information provided by us.
7.5 Nothing in any of the Services and/or Products is a promise or guarantee of results or future earnings. Any information given (including case studies) is purely based on experience and is for illustrative purposes only.
7.6 You acknowledge and agree that we, our employees, affiliates and representatives are not responsible for decisions that you may make, or for any consequences, undesired or otherwise, that may flow from your engagement of the Services and/or use of the Products offered by us.
7.7 Any testimonials and examples of our Services and/or Products, wherever published (online or in print) are not to be taken as a guarantee that you will achieve the same or similar results.
7.8 Any timelines or delivery dates are provided by us on an estimated basis only. We make no guarantee that these timelines or delivery dates will be met as there may be interfering factors beyond our control, and we are not responsible for any delay in the delivery of our Services and/or Products.
7.9 You acknowledge that some of our Services and/or Products are delivered based on instructions, information and/or images provided by you, and you acknowledge and agree that we are not responsible if those instructions, information and/or images contain errors or poor quality images which are incorporated in the materials we deliver to you as part of our Services and/or Products.
7.10 You acknowledge and agree the following regarding our Services and Products:
(a) Colour variations: the colour of our Products may vary depending on the render mix, weather conditions, and whether the Products are wet or dry. Generally, the colour settles into a natural sand tone, with various sand colour options available.
(b) Sealing recommendation: to prevent staining or mould, we recommend sealing the finished pavement with a chemical or water-based sealer. Sealing is available at an additional cost (price on application). However, in certain weather conditions, sealing may temporarily cause a whitening effect on the pavement, which will later revert to its natural appearance.
(c) Reflective cracking: pavements may experience reflective cracking of the render, where subgrade joints may result in hairline cracks in the finished pavement.
(d) Existing pavement conditions: any existing failed pavement must be stabilised before rendering. This stabilisation work is not included in our Quote and is available at an additional cost (price on application).
(e) Suitability: our Products are suitable only for non-vehicle traffic areas (e.g. pathways only).
7.11 This disclaimer does not exclude rights that may not be excluded by Law, including but not limited to, those rights under the Australian Consumer Law.

8.1 During the delivery of our Services and/or Products, you agree to:
(a) respond promptly to our communications in relation to the Services and/or Products;
(b) provide, within a reasonable amount of time, accurate, complete and current information or documentation reasonably required by us to perform the Services or deliver the Products; and
(c) act in good faith.
8.2 When providing our Services and/or Products, we may request that you provide us with responses, feedback, completed questionnaires, copy content, images, and other information so we can best deliver our Services and/or Products. You agree that you will provide any such information in a timely manner. Any delays in receiving this information may result in delays of our Services and/or Products being provided to you.

9.1 Each party (Recipient) must keep secret and confidential and not disclose any Confidential Information (which is or has been disclosed to the recipient by the other party, its representatives or advisers), or these Terms, except:
(a) where the information is in the public domain as at the date of these Terms (or subsequently becomes in the public domain other than by breach of any obligation of confidentiality binding on the Recipient);
(b) if the Recipient is required to disclose the information by applicable law or the rules of any other document with statutory content requirements, provided that the Recipient has to the extent practicable having regard to those obligations and the required timing of the disclosure consulted with the provider of the information as to the form and content of the disclosure;
(c) where the disclosure is expressly permitted under these Terms or is required to give effect to these Terms;
(d) if disclosure is made to its personnel to the extent necessary to enable the Recipient to properly perform its obligations under these Terms or to conduct their business generally, in which case the Recipient must ensure that such persons keep the information secret and confidential and do not disclose the information to any other person;
(e) where the disclosure is required for use in legal proceedings regarding these Terms; or
(f) if the party to whom the information relates has consented in writing before the disclosure.
9.2 Each Recipient must ensure that its personnel comply in all respects with the Recipient's obligations under this clause.
9.3 Definitions
(a) Confidential Information of a party means all information (in any form):
(i)relating to or arising from the Services and/or Products;
(ii) that concerns that party’s business operations and which any reasonable person would consider to be of a confidential nature (such as trade secrets, methods, strategies, client lists, pricing, and other business processes); and but does not include information that:
(iii) is or becomes independently developed or known by a party through no breach of these Terms by that party; or
(iv) becomes publicly available, without breach of these Terms.
9.4 This clause survives termination or expiry of these Terms.

10.1 All material provided by us during the provision of our Services and/or Products, including (but not limited to) documents, templates, questionnaires (Our Content), is our intellectual property and subject to copyright. You must obtain our prior written permission if you would like to copy or reproduce our Content. Modification of our Content is a violation of our copyright and other proprietary rights and is strictly
prohibited.
10.2 You acknowledge that you do not acquire any ownership rights by using our Content.
10.3 The trade marks, logos, and service marks displayed on our Content to denote our brand are either our registered or unregistered trade marks (our Marks). Our Marks, whether registered or unregistered, may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.
10.4 Nothing contained in our Content, our Services and/or our Products should be construed as granting, by implication, estoppel or otherwise, any license or right to use any our Marks without our express written permission.
10.5 You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that we will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
10.6 This clause survives termination of these Terms.

11.1 We reserve the right to suspend or terminate your use of our Services and/or Products generally if you breach these Terms, as determined by us in our sole discretion.
11.2 Either party may terminate your use of our Services and/or Products by providing to the other party a minimum of 7 days’ written notice (Notice Period). In this case, you may:
(a) retain our Services and/or Products during the Notice Period; or
(b) not retain our Services and/or Products for some or all of the Notice Period, and make a payment in lieu of notice for the part of the Notice Period for which our Services and/or Products are not retained.
11.3 If you terminate our Services and/or Products early (prior to your Services being completed or Products being delivered), you acknowledge and agree that the outstanding Fees for those Services and/or Products are payable. We will issue an invoice for all work completed up to the end of the Notice Period.
11.4 Refunds are not provided for our Services and/or Products, other than in accordance with the Australian Consumer Law, as set out in Schedule 2 to the Australian Competition and Consumer Act, 2010 (Cth).
11.5 Any initial deposits paid to us for the provision of Services and/or Products to you are non-refundable.
11.6 Final payments are non-refundable after the completion of our Services and the delivery of our Products.
11.7 Any refund requests will be assessed on a case-by-case basis, in accordance with the costs associated with each Service and/or Products delivered by us.

12.1 You acknowledge and agree that we may at all and any times provide our Services and/or Products to other clients in the same or similar industry as you.
12.2 We do not provide our Services and/or Products on an exclusive basis.
12.3 We will however endeavour to protect the confidential information you provide us and in accordance with our privacy policy.

13.1 From time to time, we may offer the opportunity to purchase our Services and/or Products at a discounted or promotional price, subject to these Terms.
13.2 Any discounts, promotions and offers will be confined to the time period and additional terms of sale in accordance with the details of that respective discount, promotion and/or offer as published from time to time.

14.1 We provide the Services and/or Products on an "as is" basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by Law. Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services and/or Products that are not expressly set out in these Terms to the maximum extent permitted by Law.
14.2 Without limiting the generality of clause 14.1, we expressly exclude any liability in contract, tort or otherwise for any injury, damage, loss, delay or inconvenience caused directly or indirectly by your use of our Services and/or Products.
14.3 Subject to the other terms of this clause, our maximum aggregate liability owed to you in for any loss or damage or injury arising out of or in connection with the supply of our Services and/or Products under these Terms, including any breach by us of these Terms however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual charges paid by you under these Terms in the one month period preceding the matter or the event giving rise to the claim.
14.4 The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by law, including but not limited to, those rights under the Australian Consumer Law.
14.5 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law that cannot be excluded, our total liability to you for that failure is limited to, at our option, to the resupply of the Services and/or Products or the payment of the cost of resupply.
14.6 Subject to the other terms of this clause, we exclude any liability owed to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms, including any loss of profits, loss of sales or business, loss of production, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill or reputation or
loss of use or corruption of data or information.
14.7 This clause applies to the fullest extent permitted by Law and shall survive termination of these Terms.

15.1 We do not provide any warranty for work performed by sub-contractors or suppliers. If there are any faults or defects, we will direct you to the relevant sub-contractor or supplier to address the issue.
15.2 We provide a 12-month warranty for our Services and/or Products. This warranty applies only if the failure is due to defects in materials or workmanship attributable to us. It does not apply to faults arising from misuse, alterations, normal wear and tear, or issues caused by third parties, including sub-contractors or suppliers.
15.3 We represent and warrant that the binder used in our Services and/or Products is white cement, which has significantly higher compressive strength than render made with grey general purpose cement at all stages of curing.
15.4 We will not provide a warranty for work undertaken free of charge or as a gesture of goodwill.

16.1 You agree to indemnify us and our officers, agents, partners, directors, shareholders and employees and subcontractors, against any direct losses, liabilities, costs, charges or expenses and all interest, penalties, and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with:
(a) your use of our Services and/or Products;
(b) any claim made against us or you by a third party arising out of or in connection with the provision of our Services, our Products and/or these Terms;
(c) any breach of these Terms by you, including any failure to pay any Fees on time;
(d) any reliance by you or a third party on our Services and/or Products or any advice or information provided in connection with the provision of our Services, our Products and/or these Terms; and
(e) the enforcement of these Terms.
16.2 You must make payments under this clause in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by Law.
16.3 We are not responsible, and expressly limit our liability to the extent permitted by law, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance or use on any information contained within our Site or by engaging our services and/or products.
16.4 This clause survives the termination of these Terms.

17.1 At all times, you must not make any public or private statement or comment, whether oral or in writing by any method, which in our reasonable opinion is adverse to the interest, reputation or commercial standing of our business or is in any respect a disparaging remark or representation about us and/or any of our services and/or products.
17.2 Should you breach this clause, you hereby indemnify us in accordance with clause 16 above.

18.1 We will not be in breach of these Terms or liable to you for any Loss that you may incur as a direct result of our failing or being prevented, hindered or delayed in the performance of our obligations under these Terms where such prevention, hindrance or delay results from a Force Majeure Event.
18.2 If a Force Majeure Event occurs, we will notify you (Non-affected Party) in writing as soon as practicable and that notice must state the particulars of the Force Majeure Event and the anticipated delay.
18.3 On providing the notice in the above clause, we will have the time for performance of the affected obligations extended for a period equivalent to the period during which performance has been delayed, hindered or prevented, however, we will continue to use all reasonable endeavours to perform those obligations.
18.4 The performance of the affected obligations will be resumed as soon as practicable after such Force Majeure Event is removed or has ceased.
18.5 References to a Force Majeure Event in this clause means: events, circumstances or causes beyond a party’s reasonable control including (but not limited to):
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, cyber-attack, service attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence or other natural disaster;
(d) epidemic, pandemic, health emergencies, disease;
(e) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(f) interruption or failure of utility services (including the inability to use public, private telecommunications networks, servers or third-party hosting platforms); and
(g) the acts, decrees, legislation, regulations or restrictions of any GovernmentAgency; however, does not include a lack of funds.
18.6 References to Loss in this clause means: any loss, liability, cost, charge, expense, Tax, Duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).

19.1 As affiliates of certain services and/or products we may also receive compensation for recommending, endorsing or promoting services and/or products in the course of delivering our services and/or products. Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those services and/or products which are not our own.
19.2 We make no representation or warranty as to the recommendations, endorsements or promotions we make of certain services and/or products, unless expressly stated otherwise. You acknowledge and agree that any remuneration or other non-monetary benefit we receive from our affiliated, endorsed or sponsored services is for the purposes of that affiliation, endorsement and sponsorship only. We expressly disclaim any liability
arising from your use or reliance of any recommended, endorsed or promoted services and/or products by us which are not our own and caution you to make your own independent inquiry prior to any such use or purchase.

20.1 If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

21.1 You cannot transfer or assign your rights in accordance with these Terms, including any membership or registration with us, without our prior written consent.
21.2 We may assign or transfer our rights and obligations under these Terms at any time, upon prior written notice to you of at least 4 calendar weeks.

22.1 We are free to sub-contract any of our obligations under these Terms, but such sub contracting will not release us from our liabilities under these Terms.

23.1 These Terms shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.

24.1 If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.
24.2 Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
24.3 In the case of claims against us, all notices are to be provided to [email protected].
24.4 If the dispute is not resolved by agreement within 5 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 5 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
24.5 Once a mediator is appointed, the parties agree that:
(a) The costs of the mediator shall be borne equally between the disputing parties.
(b)The chosen mediator shall determine the procedures for mediation.
(c) The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
24.6 If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
24.7 Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
24.8 Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
24.9 This clause survives termination of these Terms.

25.1 These Terms shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales to determine any matter or dispute which arises between us.

26.1 We welcome enquiries or feedback. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
26.2 If you have questions or comments regarding our services, please email us at [email protected].