AccrediRoad Terms of Service

Last updated: 1/1/2025

1. Definitions
In these Terms of Service, unless the context requires otherwise:

  • "Agreement" means these terms together with any Proposal, Order Form, or Scope of Work issued by AccrediRoad.

  • "AccrediRoad" means AccrediRoad Pty Ltd (ABN: [insert ABN]) and includes its officers, employees, contractors, and agents.

  • "Client" means the individual or organisation that engages AccrediRoad for services.

  • "Client Materials" means information, specifications, data, documents, or other materials supplied by the Client to enable AccrediRoad to perform its services.

  • "Services" means the consultancy, certification, documentation, training, or audit work carried out by AccrediRoad, including but not limited to NHVAS Accreditation, PBS Certification, and NHVAS Audits.

  • "Deliverables" means all reports, documents, templates, certificates, audits, or other outputs delivered by AccrediRoad in the course of providing the Services.

  • "Intellectual Property Rights" means copyright, designs, patents, trademarks, confidential information, and all other rights of a similar nature anywhere in the world.

  • "Third Party Claim" means any claim, demand, or action by a third party relating to the Client’s use of Deliverables or Services.

2. Entire Agreement
This Agreement constitutes the whole understanding between AccrediRoad and the Client in respect of the Services. It supersedes all prior proposals, representations, or statements, whether written or oral.

3. Provision of Services
AccrediRoad will provide the Services described in the Proposal or agreed scope. Services will be performed with reasonable care, skill, and diligence, in accordance with professional standards and relevant regulatory requirements.

4. Client Obligations

  • The Client must provide all Client Materials in a timely manner, in the required format.

  • The Client warrants that all information supplied is accurate and complete.

  • AccrediRoad is not responsible for delays, additional costs, or reduced outcomes resulting from late, incomplete, or inaccurate information supplied by the Client.

5. Substituted Materials
If required Client Materials are not supplied, AccrediRoad may propose substitute data or information to complete the Services. Any additional costs or impacts will be notified to the Client for approval.

6. Fees and Payment

  • Fees are as set out in the Proposal or published pricing.

  • Unless otherwise agreed, fees must be paid in full prior to delivery of final Deliverables.

  • Interest may be charged on overdue amounts at a reasonable commercial rate.

  • All fees are quoted exclusive of GST unless otherwise stated.

7. Delivery of Deliverables
Deliverables will be provided as specified in the Proposal. Where fees remain unpaid, AccrediRoad may withhold Deliverables until payment is received.

8. Intellectual Property

  • All Intellectual Property Rights in materials created by AccrediRoad remain the property of AccrediRoad.

  • Subject to full payment of fees, the Client is granted a non-exclusive, non-transferable licence to use the Deliverables solely for its internal business purposes and compliance obligations.

  • The Client must not resell, reproduce, or distribute Deliverables without AccrediRoad’s written consent.

9. Limitation of Liability

  • To the extent permitted by law, AccrediRoad excludes all warranties not expressly stated in this Agreement.

  • AccrediRoad will not be liable for indirect, consequential, or special losses, including loss of profit, loss of business, or reputational damage.

  • Where liability cannot be excluded, it is limited (at AccrediRoad’s election) to re-supplying the Services or refunding fees paid.

10. Client Risk and Indemnity

  • The Client uses Deliverables and Services at its own risk and remains responsible for its compliance with all laws, regulations, and accreditation requirements.

  • The Client indemnifies AccrediRoad against all Third Party Claims, losses, and costs arising from the Client’s use of the Deliverables or failure to comply with this Agreement.

11. Confidentiality
Each party must keep the other party’s confidential information secure and must not disclose it except as required by law. This obligation survives termination of the Agreement.

12. Force Majeure
AccrediRoad is not liable for delays or failures in performance caused by events beyond its reasonable control, including but not limited to natural disasters, regulatory delays, strikes, or technology failures.

13. Dispute Resolution
If a dispute arises, the parties must first attempt to resolve it through good faith discussions. If unresolved, the matter must be referred to mediation before court proceedings may commence.

14. Governing Law
This Agreement is governed by the laws of the State of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria.

15. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.

16. Waiver
Failure to enforce any provision of this Agreement does not constitute a waiver of that provision.

17. Independent Contractor Relationship
AccrediRoad provides Services as an independent contractor. Nothing in this Agreement creates a partnership, joint venture, or employment relationship.

18. Security Interests
AccrediRoad may retain a security interest in Deliverables until all amounts owing are paid in full.