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Terms & Conditions

1. Introduction

1.1 These Terms & Conditions (“Terms”) set out the basis on which KASEVA Pty Ltd (“KASEVA”, “we”, “us”, or “our”) provides its professional services.

1.2 By booking, purchasing, or engaging KASEVA for services, you (“the Client”, “you”, or “your”) acknowledge and agree to these Terms in full.

1.3 These Terms form the entire agreement between KASEVA and the Client and override any prior arrangements, discussions, or representations.
 

2. Services Provided

2.1 KASEVA provides specialist construction support services, including but not limited to:

  • Variation and change order assessments;

  • Quantity take-offs and measurement services;

  • Material alternative evaluations and recommendations;

  • Related consulting services as agreed.

2.2 All services are advisory in nature. Deliverables are intended as supporting documentation only and should not be treated as binding, certified, or exhaustive.

2.3 KASEVA does not provide design certification, engineering certification, construction guarantees, or compliance approvals.
 

3. Bookings and Packages

3.1 Services are offered on a prepaid basis, either as individual sessions or through prepaid packages of service hours.

3.2 Packages are valid for six (6) months from the date of purchase. Any unused hours will expire automatically and are strictly non-refundable.

3.3 Bookings are confirmed only upon full payment. No work will commence until cleared funds are received.

3.4 Services cancelled with less than twenty-four (24) hours’ notice, or failure to attend, will be charged in full or deducted from prepaid packages.
 

4. Payment Terms

4.1 All fees are quoted in Australian Dollars (AUD) and include GST unless otherwise stated.

4.2 Full payment is required at the time of booking unless otherwise agreed in writing.

4.3 Where invoices are issued on account, payment must be made within fourteen (14) days. Interest may be charged at 8% per annum on overdue amounts.

4.4 KASEVA reserves the right to suspend services or withhold deliverables where payments remain outstanding.
 

5. Deliverables

5.1 Deliverables, including reports, schedules, and take-offs, will be supplied electronically unless otherwise agreed.

5.2 All Deliverables are prepared using information provided by the Client. KASEVA is not responsible for verifying accuracy or completeness of such information.

5.3 Deliverables are intended as a guide only. They do not substitute for independent verification by contractors, consultants, or certifiers.

5.4 The Client is solely responsible for reviewing Deliverables, confirming accuracy, and ensuring they are fit for purpose.
 

6. Client Responsibilities

6.1 The Client must provide accurate, complete, and timely information to KASEVA.

6.2 The Client must review Deliverables and notify KASEVA of any errors within five (5) business days of receipt.

6.3 The Client acknowledges that reliance on Deliverables without independent verification is at their sole risk.

6.4 The Client indemnifies KASEVA for any claims, costs, or damages arising from inaccurate information supplied by the Client.
 

7. Limitation of Liability

7.1 To the fullest extent permitted by law, KASEVA disclaims all liability for any loss, damage, or expense (including indirect or consequential loss) arising from:

  • incorrect quantities, pricing errors, or calculation inaccuracies in Deliverables;

  • reliance on incomplete, late, or inaccurate information supplied by the Client;

  • third-party reliance on Deliverables;

  • project cost overruns, delays, or authority rejections;

  • defects, errors, or failures in construction works performed by third parties.

7.2 Where liability cannot be excluded under law, KASEVA’s total liability shall not exceed the amount paid by the Client for the service in question.

7.3 KASEVA shall not be liable for lost profits, reputational damage, or consequential losses under any circumstances.
 

8. Intellectual Property

8.1 All intellectual property rights in Deliverables remain vested in KASEVA until full payment is received.

8.2 Upon payment, the Client is granted a non-exclusive, non-transferable licence to use Deliverables for the project for which they were prepared.

8.3 Deliverables may not be resold, redistributed, or used for unrelated projects without KASEVA’s written consent.
 

9. Confidentiality and Privacy

9.1 KASEVA will keep all client information confidential, except where disclosure is required by law.

9.2 Client information may be used internally for service delivery, record keeping, and quality improvement.

9.3 KASEVA complies with the Privacy Act 1988 (Cth) in managing personal information.
 

10. Refund Policy

10.1 Refunds will only be issued where:

  • KASEVA cancels a service and cannot provide a replacement booking; or

  • a duplicate payment has been made in error.

10.2 Refunds will not be provided for:

  • change of mind;

  • cancellations within 24 hours of the booking;

  • expired or partially used packages;

  • services already delivered.

10.3 Approved refunds will be processed to the original payment method within fourteen (14) business days.
 

11. Indemnity

11.1 The Client indemnifies and holds harmless KASEVA from all claims, liabilities, damages, and expenses arising from:

  • reliance on Deliverables without independent verification;

  • any third-party claim relating to the Client’s use of Deliverables;

  • breach of these Terms by the Client.
     

12. Warranties and Disclaimers

12.1 KASEVA provides services with due care and skill but makes no guarantee that:

  • Deliverables are free from error;

  • services will achieve cost savings or project outcomes;

  • authorities or certifiers will accept Deliverables without modification.

12.2 All implied warranties under statute or common law are excluded to the fullest extent permitted.
 

13. Force Majeure

13.1 KASEVA is not liable for any delay or failure to perform its obligations due to events beyond its reasonable control, including but not limited to natural disasters, strikes, system failures, or government restrictions.
 

14. Termination

14.1 Either party may terminate services where the other commits a material breach that is not remedied within fourteen (14) days.

14.2 KASEVA may terminate immediately if the Client fails to pay, misuses Deliverables, or breaches confidentiality obligations.

14.3 On termination, all fees for services performed remain payable.
 

15. Governing Law

15.1 These Terms are governed by the laws of South Australia.

15.2 Any dispute will be subject to the exclusive jurisdiction of the courts of South Australia.
 

16. Severability

If any provision of these Terms is deemed unenforceable, the remaining provisions will continue in full force.
 

17. Amendments

KASEVA reserves the right to amend these Terms at any time. The version in effect at the time of booking will apply.
 

18. Acceptance

By booking, purchasing, or paying for services, the Client acknowledges that they have read, understood, and accepted these Terms & Conditions.

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