APEX APPROVALS PTY LTD — TERMS OF ENGAGEMENT

Apex Approvals Pty Ltd ABN 73 695 424 438 ("Apex", "we", "us") Building certification services — Queensland
 

Version 1.0 | Effective April 15 2026

 

These Terms form part of the written engagement of a private certifier required under section 141 of the Building Act 1975 (Qld). They must be read with the Fee Schedule and Scope Statement in the Engagement Form, which together record the whole of the engagement.
 

1. HOW THE ENGAGEMENT STARTS
 

1.1  The engagement commences on the earliest of: (a) your signing or electronic acceptance of the Engagement Form; (b) your payment of any part of the Establishment Fee; or (c) your written instruction to us to commence work.
 

1.2 By commencing the engagement you confirm you are the owner of the subject land, or are authorised in writing by the owner to engage a private certifier on their behalf. If you are not the owner, you engage us personally and remain personally liable for all fees, jointly and severally with the owner.
 

1.3 There is no cooling-off period. No statutory cooling-off period applies to this engagement, except where it is an unsolicited consumer agreement under the Australian Consumer Law, in which case your statutory rights apply and prevail over this clause.
 

1.4 We are not obliged to commence, and will not commence, work until the Establishment Fee and any first-stage fee are received in cleared funds.
 

2. SCOPE

2.1 We will perform only the certifying functions expressly listed in the Scope Statement. Anything not listed is outside scope. Without limitation, the following are outside scope unless expressly included and separately priced:
 

• planning / development assessment applications, MCUs, and any Planning Act 2016 approvals;

• design, drafting, engineering, energy assessment, soil classification, or survey;

• QBCC licensing advice, home warranty insurance lodgement, or contract advice;

• negotiation with, or representation before, a local government in relation to enforcement, show cause, or enforcement notices;

• assessment of any building work not identified in the Scope Statement, including work discovered during inspection.
   

2.2 We are not your advocate. We perform a statutory assessment function and must act in the public interest. We do not guarantee, and cannot guarantee, that any application will be approved, that any building work will be found compliant, or that any referral agency or local government will respond favourably.
 

2.3 Where an existing or as-built structure is assessed, our assessment is limited to what is reasonably visible and to the documentation you supply. We do not undertake destructive investigation and give no warranty as to concealed work.
 

3. FEES — HOW  THEY ARE EARNED

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3.1 The fee is not a deposit held against a future outcome. It is earned progressively as we perform work, in the stages set out below. A fee for a stage is earned in full at the moment we commence that stage, whether or not the stage is completed, and whether or not you subsequently proceed.
 

3.2 Fee stages (percentages of the Total Fixed Fee in the Fee Schedule, or as varied in the Fee Schedule):

StageWork covered 80% of Total Fixed FeeEarned when
 

1. EstablishmentConflict check, file creation, title and property searches, planning overlay and mapping review, insurance notification, preliminary code review, opening correspondence[15]%On commencement of the engagement (cl 1.1)
 

2. AssessmentAssessment of documentation against the NCC, QDC and building assessment provisions; RFI issue and review; referral and concurrence agency coordination; local government liaison[35]%On our first substantive review of any document you supply
 

3. DecisionPreparation and issue of the decision notice and approval documents, or of a decision to refuse; notification under s 143 / s 145[20]%On commencement of decision preparation
 

4. Inspection & final certificationSite inspections, inspection documentation, final inspection certificate or certificate of occupancy[30]%, drawn down per inspection as scheduledOn attendance at each inspection

For retrospective and as-built files, the Fee Schedule may reorder these stages so that inspection precedes assessment.

The earning principle in cl 3.1 applies to the reordered stages in the same way.

3.3 The Establishment Fee is non-refundable in all circumstances. It represents our genuine pre-estimate of the cost of the work described in Stage 1, which is incurred immediately on engagement, is not recoverable by us elsewhere, and is of no residual value to us if you do not proceed.
 

3.4 Disbursements are never refundable once paid, committed, or incurred on your behalf. These include local government fees, referral and concurrence agency fees, search and mapping fees, QLeave levies, portable long service levies, statutory lodgement fees, and third-party report fees.
 

3.5 Fees are earned regardless of outcome. No refund, discount, or credit arises because:

(a) an application is refused, or is not supported; (b) building work is assessed as non-compliant; (c) a referral or concurrence agency response is adverse or delayed; (d) a local government imposes conditions you do not want; (e) you obtain a different opinion from another certifier or consultant; (f) the project does not proceed for any commercial, financial, planning, or personal reason.
 

3.6 Variations. Where the scope changes, including because you alter the design, the built form differs from the documentation supplied, additional structures are identified, or additional inspections or reassessments are required, we will charge at the rates in the Fee Schedule. A variation is not a refund event.
 

3.7 Suspension for non-payment. We may suspend all work, including issuing an approval or inspection certificate already prepared, while any invoice is outstanding. Time does not run against us during suspension.
 

3.8 Interest and recovery. Overdue amounts accrue interest at [10]% per annum calculated daily. You must pay our reasonable costs of recovery, including debt recovery agency and legal costs on an indemnity basis.
 

3.9 No set-off. You must pay each invoice in full without set-off, deduction, or withholding. We may set off any amount you owe us against any amount we hold for you.
 

4. CHANGE OF MIND, DISCONTINUANCE AND REFUNDS

4.1 You may end the engagement at any time by written notice. The consequences are as follows.
 

4.2 On receipt of your notice we will calculate the amount you owe as the greater of:

(a) the sum of all stage fees earned under clause 3.2 to the date of the notice; and (b) our time spent to the date of the notice, charged at the hourly rates in the Fee Schedule,

plus all disbursements under clause 3.4, plus the Discontinuance Administration Fee under clause 4.4.
 

4.3 We will refund only the amount (if any) by which fees you have actually paid exceed the amount calculated under clause 4.2. Fees referable to stages we have not commenced will be refunded on that basis. In most cases where work has commenced, no refund will be payable.
 

4.4 Discontinuance Administration Fee — $500 plus GST. Discontinuance of a private certifier's engagement is not administratively free. This fee is our genuine pre-estimate of the cost of: preparing and serving the notice of discontinuance in the approved form (Form 22) as required by section 144 of the Building Act 1975; giving the local government a copy within 5 business days; compiling and giving you the inspection documentation required by section 148; giving the local government the documentation required by section 149; and archiving the file for the statutory retention period. It is payable whether the engagement is ended by you or by us.
 

4.5 Discontinuance takes effect only on notice in the approved form. Under section 144 of the Building Act 1975, discontinuance does not take effect until every party to the engagement has been given notice in the approved form. We are not obliged to prepare or serve that notice while any amount owing to us remains unpaid.
 

4.6 Documents and release. We will not release approval documents, assessment work product, stamped plans, or a certificate of any kind while any amount is outstanding. This clause does not limit our statutory obligations under sections 148 and 149, which we will meet regardless of payment.
 

4.7 Dormant files. If you do not provide instructions or requested information for [6] months, we may discontinue the engagement by written notice. All fees earned to that date remain payable and are not refundable. Reactivation after discontinuance is at our discretion and attracts the current Establishment Fee afresh.
 

4.8 Our right to discontinue. We may discontinue on written notice if you fail to pay, fail to provide instructions or information, direct us to act inconsistently with our statutory obligations or the Code of Conduct for building certifiers, or if a conflict of interest arises. Clauses 4.2 to 4.4 apply as if you had given notice.
 

4.9 Where we discontinue without cause, we will refund fees for stages we have not commenced, less disbursements incurred. The Discontinuance Administration Fee is not payable in that case.
 

5. YOUR OBLIGATIONS
 

5.1 You must provide accurate, complete, and timely information and documentation, and must disclose all existing structures, prior approvals, prior refusals, enforcement action, show cause notices, and any known non-compliance affecting the land.
 

5.2 You warrant that all documentation you supply is accurate and that you hold the necessary rights to supply it to us.
 

5.3 If information you supply is incorrect or incomplete, and additional work results, clause 3.6 applies. No refund arises.
 

5.4 You must not direct or pressure us to certify work that does not comply, to withhold information from a local government, or to act otherwise than in the public interest. Any such direction entitles us to discontinue immediately under clause 4.8.
 

6. LIABILITY
 

6.1 We hold professional indemnity insurance as required by the Building Act 1975 and the QBCC. Details are available on request.
 

6.2 To the maximum extent permitted by law, and subject to clause 6.4, our total aggregate liability arising out of or in connection with this engagement is limited to the greater of the total fees paid by you under this engagement and $900 ex GST.
 

6.3 We are not liable for indirect or consequential loss, loss of profit, loss of opportunity, holding costs, finance costs, or delay costs.
 

6.4 Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy under the Australian Consumer Law that cannot lawfully be excluded, restricted, or modified. Where our liability for a failure to comply with a consumer guarantee may lawfully be limited, it is limited at our option to resupplying the services or paying the cost of having them resupplied.
 

6.5 Nothing in these Terms limits any liability or obligation imposed on a building certifier by the Building Act 1975, the QBCC Act, or the Code of Conduct for building certifiers.
 

7. GENERAL
 

7.1 Privacy. We collect and handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). We may disclose information to local governments, referral agencies, the QBCC, and our insurers.
 

7.2 Records. We retain records for the statutory retention period. Copies of archived files after that period are provided at our then-current retrieval rate.
 

7.3 Assignment. You may not assign this engagement without our written consent. A change in ownership of the land does not transfer the engagement; the new owner must enter into a fresh engagement.
 

7.4 Entire agreement. These Terms, the Engagement Form, the Scope Statement, and the Fee Schedule are the whole of the agreement and supersede all prior quotes, discussions, and representations, except any representation that cannot lawfully be excluded.
 

7.5 Variation. We may vary these Terms for future engagements at any time. Variations do not apply to an engagement already on foot except by written agreement.
 

7.6 Severance. If a provision is void, unenforceable, or unfair, it is severed to the minimum extent necessary and the balance continues in force.
 

7.7 Governing law. Queensland. You submit to the exclusive jurisdiction of Queensland courts.
 

7.8 Complaints. Complaints should be directed to the Director at [EMAIL] in the first instance. You may also complain to the QBCC.
 

ACKNOWLEDGEMENT
 

By paying any issued invoice, You acknowledge Engagement and that you have read and understood clause 3 (how fees are earned) and clause 4 (change of mind and refunds), and that you understand fees are earned as work is performed and are generally not refundable if you change your mind.