The terms governing your use of our services and website
Effective Date: 1 January 2026
Applicable Entity: HSB Construction Pty Ltd (ABN 81 697 035 564, ACN 697 035 564)
In these Terms and Conditions:
By accessing the Website or engaging the Company's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you must not use the Website or engage the Company's Services.
Nothing in these Terms and Conditions excludes, restricts, or modifies any rights you may have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (ACL), or any other applicable Commonwealth, State, or Territory legislation.
In particular, where the ACL applies to our Services:
4.1. All quotations and estimates provided by the Company are valid for 30 days from the date of issue, unless otherwise stated in the quotation.
4.2. Quotations are based on the information provided by the Client and the conditions observed at the time of site inspection. Variations to scope, materials, site conditions, or regulatory requirements may result in adjustments to the quoted price.
4.3. A quotation does not constitute an offer to contract. A binding contract is formed only upon execution of a written contract or upon the Company's written acceptance of the Client's instructions.
5.1. Any variation to the agreed scope of works must be documented in writing and signed by both parties before work commences on the variation.
5.2. Variations may result in changes to the contract price and/or completion date, which will be set out in the written variation document.
5.3. The Company reserves the right to charge for variations that are necessitated by unforeseen site conditions, regulatory changes, or Client-directed changes to the scope.
6.1. Payment terms are as specified in the written contract. In the absence of specific terms, invoices are payable within 14 days of issue.
6.2. Progress payments are to be made in accordance with the payment schedule set out in the contract, in compliance with the Building and Construction Industry Security of Payment Act 2009 (WA) where applicable.
6.3. Late payments may incur interest at the rate of 2% per annum above the Reserve Bank of Australia cash rate, calculated daily from the due date.
6.4. The Company reserves the right to suspend works where payments are outstanding beyond the agreed terms.
7.1. Subject to the Australian Consumer Law and any guarantees that cannot be excluded:
7.2. Where the Company is supplying Services of a kind ordinarily acquired for personal, domestic, or household use, the Company's liability for a breach of a condition or warranty (other than a guarantee under the ACL) is limited, at the Company's option, to:
7.3. The Client acknowledges that the Company has provided these Terms and Conditions to limit its liability under section 68A of the ACL for certain losses that are not reasonably foreseeable.
8.1. The Company warrants that all work will be performed in a proper and workmanlike manner, in accordance with the plans and specifications set out in the contract, and in compliance with all relevant laws, codes, and standards.
8.2. In addition to any statutory warranties under the ACL or the Building Act 2011 (WA), the Company provides a defects liability period as specified in the contract (a minimum of 13 weeks for residential building work as required by the Building Services (Registration) Act 2011 (WA)).
8.3. Warranty claims must be made in writing to the Company within the applicable warranty period. The Company will remedy any defective work at its own cost, provided the defect is not caused by:
9.1. All intellectual property rights (including copyright, designs, plans, specifications, trademarks, and trade secrets) created by or on behalf of the Company in connection with the Services remain the exclusive property of the Company unless otherwise agreed in writing.
9.2. The Client is granted a non-exclusive, non-transferable licence to use any plans, designs, or specifications produced for their project solely for the purpose for which they were commissioned.
9.3. The Client must not reproduce, modify, distribute, or commercially exploit any of the Company's intellectual property without prior written consent.
9.4. The Company may use photographs, project descriptions, and non-confidential details of completed projects for its portfolio, marketing, and promotional purposes, unless the Client requests otherwise in writing prior to project commencement.
9.5. All content on the Website (hbuiltpty.site), including text, graphics, logos, and layout, is the intellectual property of HSB Construction Pty Ltd and is protected by Australian and international copyright laws.
10.1. Either party may terminate the Agreement by providing written notice if the other party:
10.2. The Company may terminate the Agreement immediately by written notice if:
10.3. Upon termination:
10.4. Termination does not affect any rights or remedies that have accrued to either party prior to the date of termination.
11.1. Any dispute arising out of or in connection with these Terms and Conditions shall first be attempted to be resolved by good-faith negotiation between the parties within 21 days of written notice of the dispute.
11.2. If the dispute is not resolved within 21 days, either party may refer the matter to mediation in accordance with the Rules of the Building Commission of Western Australia or an alternative agreed mediator.
11.3. Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court of competent jurisdiction.
12.1. The content on the Website is provided for general informational purposes only and does not constitute professional advice.
12.2. You must not use the Website in any way that is unlawful, or that could damage the reputation of the Company.
12.3. The Company does not warrant that the Website will be uninterrupted, error-free, or free of viruses. You access the Website at your own risk.
Your personal information is collected and handled in accordance with our Privacy Policy, which complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
14.1. These Terms and Conditions are governed by and construed in accordance with the laws of the State of Western Australia.
14.2. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia and the Commonwealth of Australia in respect of any dispute arising out of or in connection with these Terms and Conditions.
14.3. Any proceedings arising from these Terms and Conditions shall be instituted in the courts of Western Australia.
If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be read down to the maximum extent permissible to achieve the parties' original intention.
These Terms and Conditions, together with any written contract or quotation issued by the Company, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements relating to the subject matter.
The Company may amend these Terms and Conditions from time to time by publishing updated terms on the Website. Changes will not affect contracts already in progress unless required by law.
For any questions regarding these Terms and Conditions, please contact:
HSB Construction Pty Ltd
ABN: 81 697 035 564
ACN: 697 035 564
Western Australia 6104
Email: [email protected]