Terms of Service

1. Who we are

Marvias Projects Pty Ltd (we, us or our) provides project management and building services from Melbourne VIC. Our ABN appears in the footer of this website. References in these Terms to “services” include project management, coordination, building works and related consultancy that we agree in writing to provide to you.

2. Acceptance of these Terms

By accessing this website, submitting an enquiry, requesting a quote or engaging our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use this website or engage our services.

If you are engaging us on behalf of a company or other organisation, you confirm that you are authorised to bind that organisation to these Terms.

3. These Terms and your project contract

Where we carry out building or construction work for you, the terms of the written contract signed by both parties will prevail over these Terms to the extent of any inconsistency.

For domestic building work carried out in Victoria, our contract with you will comply with the Domestic Building Contracts Act 1995 (Vic), including the statutory warranties set out in that Act. Nothing in these Terms reduces, varies or excludes any warranty, right or obligation that applies under that Act or any other applicable Victorian or Commonwealth legislation.

4. Quotes and estimates

Any quote, estimate or proposal we provide is an invitation to treat and does not become binding until a contract is signed by both parties or we otherwise confirm the engagement in writing.

Quotes are based on the information you provide and, where relevant, a site inspection. Unless otherwise stated, a quote is valid for 30 days from the date it is issued. Quotes may change if the scope of works, site conditions, material prices, labour costs or statutory requirements change before a contract is signed.

Estimates provided without a site inspection are indicative only and should not be relied upon as a fixed price.

5. Fees, payments and invoices

Fees, deposits and progress payments are set out in your project contract. Unless your contract states otherwise, invoices are payable within 7 days of the date of issue.

Deposits for domestic building work in Victoria are limited to the maximum permitted under the Domestic Building Contracts Act 1995 (Vic).

If an invoice remains unpaid after its due date, we may charge interest on the outstanding amount and reasonable administrative costs of recovery, and we may suspend work in accordance with your contract and applicable law. We will issue a tax invoice for all amounts payable.

6. Variations to the scope of works

No change to the scope, price or program of a project is valid unless it is documented as a written variation signed by both parties before the varied work is carried out. Variations will set out any adjustment to the contract price and completion date. We will not carry out work outside the agreed scope without your written authorisation, except where necessary to make works safe or to comply with the law, in which case we will notify you as soon as practicable.

7. Your responsibilities

You agree to:

• provide accurate and complete information about the site, the project and any requirements that affect the works;
• provide safe and reasonable access to the site at agreed times, including access to utilities;
• obtain owner, body corporate, planning or other approvals that are your responsibility under the contract;
• make decisions and provide confirmations within reasonable timeframes so the program is not delayed;
• keep the site clear of hazards within your control; and
• pay amounts due under the contract when they fall due.

Delays arising from a failure to meet these responsibilities may result in extensions of time and, where permitted by law and the contract, reasonable additional costs.

8. Program, delays and extensions of time

Any commencement or completion date we provide is an estimate made in good faith and is not a guarantee, except where your contract expressly provides otherwise. We may claim an extension of time for causes beyond our reasonable control, including weather, variations, delayed instructions or approvals, industrial action, supplier or delivery delays, latent site conditions, and events such as pandemics or government restrictions.

We will notify you of any anticipated delay and the likely impact on the program as soon as reasonably practicable.

9. Workmanship, materials and warranties

We will perform our services with due care and skill, in accordance with the contract, relevant Australian Standards, the National Construction Code and applicable permits and approvals.

Where we supply materials, they will be of a quality consistent with the contract documents and fit for their intended purpose as required by law. Manufacturer or supplier warranties may also apply to materials and equipment installed as part of the works, and we will pass on the benefit of those warranties where we are able to do so.

Defects notified to us during the defects liability period set out in your contract will be rectified at our cost, except for defects caused by fair wear and tear, misuse, unauthorised alterations or failure to maintain the works.

10. Consumer guarantees under Australian law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (being Schedule 2 of the Competition and Consumer Act 2010 (Cth)). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the services remedied or resupplied if they fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded or limited. For more information about your consumer rights, visit the Australian Competition and Consumer Commission at accc.gov.au or Consumer Affairs Victoria at consumer.vic.gov.au.

11. Limitation of liability

To the fullest extent permitted by law, and except as set out in these Terms or your project contract:

• we are not liable to you for any indirect, incidental, special or consequential loss or damage, or for loss of profit, loss of opportunity or loss of data, arising from the services or your use of this website; and
• where liability cannot lawfully be excluded but may be limited, our total liability arising out of or in connection with the relevant services is limited, at our option, to the re-supply of those services or the cost of having the services re-supplied.

Nothing in this section applies to liability that cannot be limited by law, including liability in connection with consumer guarantees under the Australian Consumer Law, or liability arising from our fraud, negligence or wilful misconduct. Nothing in these Terms excludes, restricts or modifies rights you may have under the Building and Construction Industry Security of Payment Act 2002 (Vic).

12. Indemnity

You agree to indemnify us against loss, damage, liability, cost or expense arising from your breach of these Terms or your project contract, any information or documentation you supply to us that is inaccurate or misleading, or your use of the site otherwise than as permitted under the contract, except to the extent caused by our negligence or breach.

13. Intellectual property

All documents we produce for your project, including plans, schedules, programs, specifications, drawings and reports, remain our property (or the property of our consultants) until final payment under the contract is made. Upon final payment, you receive a licence to use those documents for the project for which they were prepared.

You must not reproduce, adapt or reuse our documents for any other project, site or purpose without our prior written consent. All content on this website, including text, layout and graphics, is owned by or licensed to us and must not be copied or republished without permission.

14. Confidentiality

Each party must keep confidential all commercial, technical and project information received from the other party in connection with an engagement, and use it only for the purposes of the project. This obligation does not apply to information that is public, independently developed, required to be disclosed by law, or disclosed to professional advisers, contractors, insurers or regulators who need it for the project and who are bound to keep it confidential. This obligation survives completion or termination of the engagement.

15. Insurance and registration

We maintain the insurances and registrations required by law for the work we undertake, which may include public liability insurance and, where applicable, registration as a building practitioner in Victoria. Details of our current insurance and registration are available on request by email. Where domestic building work requires domestic building insurance, we will arrange it as required by Victorian law and disclose the relevant certificate in accordance with the Act.

16. Suspension and termination

Either party may suspend or terminate an engagement in accordance with the project contract. We may suspend work if you fail to pay an amount when due or fail to meet a material obligation, following written notice and any cure period required by the contract or by law.

On termination, you must pay us for services properly performed and materials reasonably procured to the date of termination. Termination does not affect rights or obligations that accrued before termination, or rights and remedies available under the contract, the Australian Consumer Law or other applicable legislation.

17. Dispute resolution

If a dispute arises, please first raise it with us in writing. The parties will attempt to resolve the dispute in good faith, including through a meeting of senior representatives within 10 business days of the notice.

For domestic building work in Victoria, disputes may be referred to Domestic Building Dispute Resolution Victoria (DBDRV), and either party may apply to the Victorian Civil and Administrative Tribunal (VCAT) in accordance with the Domestic Building Contracts Act 1995 (Vic). For other disputes, the parties may agree to mediation before commencing proceedings.

Nothing in this section prevents either party from seeking urgent injunctive relief or exercising statutory rights, including rights under security of payment legislation.

18. Use of this website

Content on this website is general information about our services and is not a substitute for project-specific, legal, financial or technical advice. Images are illustrative and may show completed or representative works. We do not guarantee that the website will be available uninterrupted or error-free, and we accept no liability for any loss arising from use of, or reliance on, the website except as cannot be excluded by law.

You must not attempt to interfere with the operation of the website, scrape or harvest content, or use the website for any unlawful purpose. Links to third-party websites are provided for convenience only and do not constitute endorsement.

19. Privacy

We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). The Privacy Policy forms part of these Terms.

20. Changes to these Terms

We may update these Terms from time to time by publishing a new version on this page. The version published at the time you use the website applies to that use. Where a signed project contract is in place, the terms of that contract are not varied by an update to these Terms unless agreed in writing.

21. General provisions

• Governing law: these Terms are governed by the laws of Victoria, Australia, and the parties submit to the jurisdiction of the courts and tribunals of Victoria.
• Severability: if any provision of these Terms is invalid or unenforceable, it will be read down or severed, and the remaining provisions continue in force.
• Entire agreement: these Terms, together with any signed project contract, form the entire agreement between the parties in relation to the services, superseding prior discussions.
• Waiver: a failure to enforce a right is not a waiver of that right.
• Assignment: you may not assign your rights without our written consent. We may assign our rights in connection with a genuine restructure or transfer of the business, on written notice.
• Notices: notices to us should be sent by email to the address below; notices to you will be sent to the contact details you provide.

22. Contact us

If you have questions about these Terms, or need to send us a notice, email ceo@marviasprojectsau.space. Please include your project reference or invoice number so we can respond promptly.

Marvias Projects Pty Ltd · Project management and building services · Melbourne VIC · marviasprojectsau.space