Terms and Conditions

The following are the Terms and Conditions under which Kickstart Property Solutions Pty Ltd will carry out the Services.

  1. The Client vests in Kickstart Property Solutions the authority to act on their behalf in making applications to various authorities, signing relevant paperwork, organizing and engaging contractors required to carry out the Services.
  1. Kickstart Property Solutions shall exercise the degree of skill, care and diligence normally exercised by Project Managers in similar circumstances.
  1. Kickstart Property Solutions reserves the right to erect a sign at the property for the purposes of site identification.
  1. The Client is responsible for all costs directly incurred for the project, including but not limited to professional services, trades, materials, labour, local Council and government fees.
  1. The Client shall provide to Kickstart Property Solutions all information relevant to their desired outcome for the project in writing.
  1. Kickstart Property Solutions will invoice the agreed fees at the acceptance of these terms of engagement.
    1. All monies payable by the Client to Kickstart Property Solutions shall be paid prior to commencement of work. If any invoice is not paid within 7 days of the date on invoice, work shall stop on the project until payment is made.
    2. Monies not paid within 7 days of the date of invoice will attract interest from the date 7 days after the date of invoice until payment at the rate of 16% per annum.
    3. The Client is responsible for any costs incurred due to non-payment or late payment of invoices including but not limited to debt collection costs, legal fees and dishonoured cheque fees.
    4. Fees for Works may be invoiced in advance and payable prior to scheduling.
    5. GST will be charged on all goods and services to which it is applicable, as required by the Federal
    6. Where GST-free government fees are payable, you will be requested to pay these direct as required for each stage of the subdivision. If Kickstart Property Solutions pays these fees on your behalf, GST will then become applicable to those fees.
  1. Should the Client choose not to proceed past the DA determination stage, or sells or assigns the project to a third party without the purchaser accepting assignment of this contract, the Client will be liable for all third party disbursements incurred and 50% of the remaining Service Fee.
  1. Kickstart Property Solutions’ liability for any breach of that condition or warranty is limited to Kickstart Property Solutions doing any of the following (at its election):
    1. The supplying of the Services again; or
    2. The payment of the cost of having the Services provided again.
  1. Copyright in all drawings, materials, and designs provided by Kickstart Property Solutions or any contractor they engage in connection with the services shall remain the property of Kickstart Property Solutions until the project is complete.
  1. Kickstart Property Solutions may suspend or terminate their obligations under this Agreement in the event of:
    1. Monies payable to Kickstart Property Solutions being outstanding beyond 7 days.
    2. A breach by the Client of their obligations, which has not been remedied within 30 days of written notice from Kickstart Property Solutions requiring the breach to be remedied.
    3. The client fails to pay any cost associated with the project within 7 days.
  1. Kickstart Property Solutions is not liable for any act, neglect, default or otherwise for or in relation to any work, reports, information, plans, designs or specifications supplied or performed by any third party or consultant, including a third party or consultant engaged by or on the Client’s behalf or at the suggestion of Kickstart Property Solutions.
  1. Kickstart Property Solutions may make such decisions and issue such instructions as are in their opinion necessary for the safety of persons or property, or the proper execution of the Project.
  1. Kickstart Property Solutions does not warrant the accuracy of any estimates or assessments of likely development costs that we may prepare. The assessments are based on our experience on similar projects and are estimates only. Any assessments of likely costs should only be used for indicative budgeting purposes together with an appropriate contingency.
  1. Neither party may assign, transfer or sublet any obligation under this Agreement without the written consent of the other party.
  1. This agreement shall be governed by the laws of Western Australia in force from time to time, and the parties agree to submit to the jurisdiction of the Courts of that State.