Terms & Conditions for HMS Group Pty Limited
1. Scope and Application
These Terms & Conditions apply to all services provided by HMS Group Pty Limited (“the Firm”) encompassing Arbitration, Adjudication, Expert Determination, Expert Witness, and Quantity Surveying.
A binding contract arises between the client and the Firm once the Firm accepts a formal instruction from the client, be it written or verbal.
3. Scope of Services
The specific details and nature of services to be rendered will be laid down in a distinct Service Agreement. The Firm shall undertake tasks in accordance with recognised professional standards pertinent to the requested service.
The client agrees to compensate the Firm as delineated in the Service Agreement.
Payments are due within 7 days of invoicing. Failure to timely pay may result in interest charges and potential cessation of services.
5. Duty of Confidentiality
Both the client and the Firm commit to uphold the utmost confidentiality of all proprietary information, findings, and communications unless disclosure is mandated by law or agreed upon by both parties.
6. Limitation of Liability
The Firm’s liability, whether in contract, tort, or otherwise, shall be capped at the total fees paid by the client for the specific service from which the claim has arisen.
7. Impartiality and Independence
The Firm pledges to act impartially and independently at all times. Any potential or actual conflict of interest shall be promptly communicated to the client.
Either party may terminate the engagement, subject to a 30-day written notice. Upon termination, remuneration for all completed work up to the termination date becomes immediately due.
9. Jurisdiction and Governing Law
The provisions and implications of these Terms & Conditions are interpreted in congruence with the laws of New South Wales and Victoria.
10. Resolution of Disputes
Both parties ardently commit to amicably resolving any disagreements stemming from the provided services or these Terms & Conditions. Failing such resolution, disputes shall be settled by arbitration in accordance with the latest rules of the Resolution Institute, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The Firm reserves the right to periodically amend these Terms & Conditions. Such amendments will be communicated to clients, and their continued engagement shall imply consent.
12. Entire Agreement
These Terms & Conditions, combined with the accompanying Service Agreement, form the complete understanding between the Firm and the client. If a provision is deemed void, the validity of the remaining provisions remains unaffected.