Terms and Conditions

Be Legal Property Services Pty Ltd ABN 48 648 030 335 (BE-LEGAL) – Terms and Conditions

Thank you for selecting Be Legal Property Services Pty Ltd ABN 48 648 030 335 (hereinafter referred to as “BE-LEGAL”) for your property or properties (collectively, “Property”). In these terms and conditions, references to “BE-LEGAL,” “us,” or similar personal pronouns shall refer to BE-LEGAL, and references to “you” or similar personal pronouns shall refer to the Property owner and the party engaging our services under this document, whether as an individual or as an agent for another party, including personal representatives and agents (collectively, “you”).

Important Notice

BE-LEGAL offers a range of services including but not limited to:

  1. Smoke alarm installation, servicing, and compliance.
  2. Blind cord compliance.
  3. Safety switch testing.
  4. Pool Safety Compliance.
  5. Water meter readings (collectively, “Services”).

 

Please read these terms and conditions (hereinafter referred to as “Terms”) carefully as they govern the provision of our Services at your Property. If you are an agent or property manager representing the Property owner, and you have engaged us on their behalf, you are bound by these Terms.

  1. Definition

1.1 In these Terms, the following terms shall have the following meanings:

  • “2022 Qld Legislation” means the Fire and Emergency Services (Domestic Smoke Alarms) Amendment Act 2016 (Qld) and Building Fire Safety (Domestic Smoke Alarms) Legislation Amendment Regulation 2016 (Qld), as amended or replaced from time to time.
  • “Additional Terms” have the meaning ascribed to them in clause 2.2 of these Terms.
  • “Agent” refers to the duly appointed agent of the Property owner for property management at the time when the Services commence.
  • “Agreement” encompasses these Terms, the Property Enrolment Form or Work Order, any Additional Terms, and the Schedule of Be Legal Property Services – Packages and Pricing.
  • “Australian Consumer Law” denotes Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time.
  • “Bedroom” signifies a habitable room that is enclosed by a door, has a window or skylight, has walls that meet the ceiling, and has a built-in wardrobe (where applicable), excluding garages.
  • “Building Compliance Certificate” comprises a certificate confirming that property improvements and other building works comply with approved building plans, local, state, and federal government regulations, and other related safety certificates issued by building certifiers or safety officials, pursuant to relevant Laws.
  • “Claim” encompasses any claim, cause of action, liability, demand, action, remedy, suit, injury, indemnity, damage, proceeding, litigation, investigation, or judgment, whether based on contract, tort, statute, or otherwise, whether present, unascertained, immediate, future, or contingent.
  • “Consequential Loss” includes lost business opportunities, loss of profits, loss of bargain, loss of reputation, loss of actual or anticipated savings, and other indirect losses resulting from the performance or non-performance of the Services.
  • “Electronic Communication” refers to facsimile, electronic mail, short message services, and other electronic messaging services.
  • “Eligible Property” denotes a Property that is situated in Queensland, and, in the case of Smoke Alarm Services, is a domestic residential dwelling of a Class 1a or Class 2 (sole occupancy) building under the Building Code of Australia (as amended or superseded from time to time). In all cases, it refers to a property type ordinarily serviced by BE-LEGAL, as determined and communicated by us.
  • “Enrolled Property” signifies a Property that has been enrolled to receive a Service or Services from BE-LEGAL as per clause 3.5 of these Terms.
  • “Excessive Alarm Faults” pertain to faults with Smoke Alarms or a Smoke Alarm System installed by a Third Party provider that result in more than two (2) callouts from BE-LEGAL within a twelve (12) month period.
  • “Excluded Alarms” refer to Smoke Alarms or Smoke Alarm Systems as defined in clause 8.8(b)(i) of these Terms, installed by a Third Party after the date of the annual inspection carried out by BE-LEGAL pursuant to a Package.
  • “Excluded Property” designates a Property that is no longer an Enrolled Property, is not reasonably considered an Eligible Property by our technician, is managed by an agent other than the Agent, or has had the Service suspended or terminated by you, the Agent, or us.
  • “Future Compliance Laws” holds the meaning defined in clause 8.3(d) of these Terms.
  • “Law” encompasses any law, whether statutory or common, ordinances, regulations, by-laws, orders, determinations, and other instruments issued by government or statutory authorities, including their consolidations, amendments, re-enactments, or replacements.
  • “Liability” encompasses any obligation or liability, whether actual, contingent, or prospective, including liability for any Loss, irrespective of the timing of events giving rise to such liability.
  • “Loss” signifies any loss, damage, injury, death, compensation, fine, penalty, charge, payment, cost, or expense, including legal costs and expenses, regardless of its origin, timing, or certainty.
  • “Low Voltage System” includes low voltage smoke alarms, low voltage smoke alarm systems, and low voltage smoke detection devices.
  • “New Lease” denotes a new lease agreement with new terms entered into with a new tenant or the renewal or extension of an existing lease for an Enrolled Property.
  • “Non-upgraded Property” signifies an Enrolled Property that has not undergone upgrading or replacement of all or part of a Smoke Alarm System, including ancillary works, as necessary to transition it to an Upgraded Property.
  • “Package” holds the meaning outlined in clause 5.1(a) of these Terms.
  • “Platinum Subscription” refers to the Package specified as such in the Schedule of Be Legal Property Services – Packages and Pricing.
  • “Property” encompasses real property and includes rental property and owner-occupied property, as well as all synonyms for real property.
  • “Site Condition” refers to any apparent or concealed condition or defect in or around the Enrolled Property or any improvements to the Enrolled Property that may affect or compromise the safe and effective delivery of the Services, installation, use, suitability, or effectiveness of any goods or equipment (including Smoke Alarms) at the Enrolled Property. This includes environmental factors or conditions, or the availability or adequacy of electricity or infrastructure at the Enrolled Property.
  • “Smoke Alarm” signifies smoke alarms in or to be installed in an Enrolled Property, excluding Excluded Alarms.
  • “Smoke Alarm Compliance Services” denotes the Smoke Alarm safety and compliance services offered as part of an annual Package, as detailed in the Schedule of Be Legal Property Services – Packages and Pricing.
  • “Smoke Alarm Compliance Report” signifies our professional opinion on whether the Smoke Alarms and Smoke Alarm installations at the Enrolled Property comply with Smoke Alarm Laws.
  • “Smoke Alarm Laws” includes the Queensland Fire and Emergency Services Act 1990 (Qld), Building Fire Safety Regulation 2008 (Qld), the Electrical Safety Act 2002 (Qld), and the 2022 Qld Legislation concerning Enrolled Properties in Queensland.
  • “Smoke Alarm System” encompasses all Smoke Alarms, Smoke Alarm installations, and component parts.
  • “Third Party” denotes any person or corporate entity other than BE-LEGAL, you, or your Agent.
  • “Work Order” signifies an order for Additional Services or specific work submitted through the Solutions Portal or by email.
  • “Upgrade” signifies the upgrading or replacement of all or part of a Smoke Alarm System, including ancillary works, as necessary to transition a Non-upgraded Property to an Upgraded Property.
  • “Upgraded Property” refers to an Enrolled Property that has had its Smoke Alarms upgraded in accordance with the requirements of the 2022 Qld Legislation.

2. Agreement

2.1 This Agreement is established between:

(a) BE-LEGAL; and (b) you.

2.2 Our Services encompass a wide range of types and locations, and sometimes additional terms or specific requirements (including age or geographic requirements) may apply. If Additional Terms are applicable to the relevant Services in addition to these Terms, the Additional Terms will be provided to you before we provide the Services.

2.3 If you do not accept the Additional Terms, you must notify us of this within twenty-four (24) hours after receiving the Additional Terms. Failure to notify us of non-acceptance within this timeframe implies your acceptance of the Additional Terms. In such a case, both these Terms and the Additional Terms constitute this Agreement.

2.4 In case of any inconsistency between these Terms and the Additional Terms, the Additional Terms shall prevail to the extent of the inconsistency.

3. Information to be provided by you

3.1 You must, at your expense, take all necessary actions and provide all information, documents, and other materials reasonably required for BE-LEGAL to deliver the Services under this Agreement. You must promptly notify us of any changes to any previously provided documents, information, or materials.

3.2 Engaging us to provide the Services, you warrant that:

(a) The Property is an Eligible Property; (b) You have provided BE-LEGAL with all necessary documents, materials, and information to facilitate the Services; (c) All documents and information provided to BE-LEGAL are accurate and not misleading in any way, including by omission; (d) You are either the registered owner of the Property or are authorized by the registered owner to engage us for the Services; and (e) If you are an Agent or property manager representing the Property owner and have engaged us on their behalf, you warrant that you have provided a copy of this Agreement to the Property owner, and they have agreed to its terms.

3.3 You acknowledge that we rely on the information, documents, and other material provided by you or on your behalf (including by your Agent) to perform the Services and that we are not obliged to verify the accuracy of such information, documents, or material.

3.4 You release us from all Claims or Liability arising from our inability to perform the Services, whether directly or indirectly, due to your or your Agent’s failure to provide complete and accurate information, documents, or material in accordance with this clause.

3.5 You are responsible for paying us, upon demand, as a liquidated debt, any additional fees, charges, or expenses incurred by us due to delays or inability to provide the Services resulting from your (or your Agent’s) failure to provide complete and accurate information in accordance with this clause. This includes additional call-out fees for any re-attendance at a property.

3.6 You shall indemnify us and keep us indemnified against any and all Claims arising from:

(a) Breach of any warranties contained in clause 4.2 above; (b) Providing us with inaccurate or misleading information, including tenant or managing agent details (including contact information); (c) Any Site Condition not disclosed to us before we undertake any of the Services.

3.7  You assume full responsibility for any Site Condition at the Property and release BE-LEGAL from all Claims or Liability if the Services, equipment, or goods installed by us are compromised as a result of or in connection with a Site Condition.

3.8 You must provide us with your Agent’s contact details in writing by completing the Agent’s details on your Property Enrolment Form. By doing so, you authorize the Agent to provide instructions and take all necessary actions to enable us to carry out the Services on your behalf.

4. Packages and Services

4.1 Overview

(a) Subscription and Individual Services: Our services are available through annual subscription packages (referred to as “Packages”) or as individual services (referred to as “Additional Services”).

(b) Pricing Information: Detailed information about the Packages, Additional Services, and their respective prices can be found in the Schedule of Be Legal Property Services – Pricing, which is periodically updated.

(c) GST Inclusive: All prices quoted include Goods and Services Tax (GST).

(d) Compliance Checks: It’s important to note that the chosen Package does not automatically indicate compliance with Smoke Alarm Laws. We may need to verify whether your Smoke Alarm System complies with both current Laws and any future Laws that may come into effect.

 

4.2 Delivery of Services

We are committed to delivering our services in a timely manner. However, we are not bound to meet estimated or proposed delivery dates in the following situations:

(a) Events Beyond Our Control: Circumstances beyond our control, such as inclement weather or changes in Laws, prevent us from doing so.

(b) Unreasonable Due Dates: Work Orders specifying unreasonable due dates that do not allow us adequate time to perform the Service.

(c) Incomplete Information: Failure on your part to provide us with the necessary information to carry out the Service, or the provision of inaccurate, incomplete, or misleading information, documents, or materials.

 

4.3 Changing your package

(a) Package Changes: You have the right to change the Package for an Enrolled Property following our Standard Operating Procedures.

(b) Pro-Rated Invoice: Upon accepting the Package Change, we will issue a pro-rated invoice (Pro-Rata Invoice) for the updated Package. This invoice will deduct any unused portion of the fees paid for the previous annual Package.

(c) Payment: payment is either COD or as per credit terms previously agreed upon

(d) Effective Changes: After the Package Change, your existing Package subscription will be canceled, and the updated Package will take effect, subject to these Terms and any applicable Additional Terms.

5. Pricing and Payment

5.1 Package Subscription

(a) Annual Subscription: Packages are charged on an annual subscription basis, as detailed in the Schedule of Be Legal Property Services – Pricing (Annual Fee).

(b) Renewal: Package subscriptions are renewed annually if the Annual Fee for the subsequent year is paid, unless the Agreement is cancelled or terminated earlier.

(c) Payment Due Dates: The Annual Fee for a Package is due as follows:

(i) For the first year, the Annual Fee must be paid in full before the Services commence. (ii) For subsequent years, the Annual Fee is due annually in advance of each anniversary date of the Package’s commencement date, unless terminated or cancelled. (iii) Payment methods may include direct debit or credit card, with credit cards not accepted for direct debit payments.

(d) Non-Payment: Failure to pay the Annual Fee when due may result in the suspension or termination of the Package, and we will have no further obligations or Liability to provide the Services.

 

5.2 Additional Services

(a) Pay-Per-Service: Fees for Additional Services are charged on a pay-per-service basis.

(b) Payment for Additional Services: You are responsible for paying the fees for any Additional Service you request, as detailed in the Schedule of Be Legal Property Services – Packages and Pricing (as amended).

(c) Payment Due: Fees for Additional Services are due in full before we are obligated to deliver the Service, unless agreed otherwise.

(d) Additional Expenses: Fees for time, materials, goods, and other charges, including call-out charges and compliance reports not included in a Package, are your responsibility as detailed in the Schedule of Be Legal Property Services – Packages and Pricing (Additional Expenses) or per Additional Terms.

(e) Prior Approval: Unless specified otherwise in these Terms or Additional Terms:

We will obtain your prior approval before incurring fees and expenses for Additional Expenses. (ii) An invoice for Additional Expenses will detail the costs and dates incurred, and you must pay the amount due in accordance with clause 6.4 below or as indicated on the invoice.