Legal

Terms of Service

The terms on which Fropodz Pty Ltd provides this website and its modular pod services, read alongside your rights under the Australian Consumer Law.

1. These terms

These terms of service apply between you and Fropodz Pty Ltd (ABN 93 699 579 989, ACN 699 579 989), referred to below as "Fropodz", "we" or "us". They govern your use of the website at fropodztec.site and the general basis on which we provide our services.

By using this website you accept these terms. If you do not accept them, please do not use the site.

2. Nothing on this site is an offer or a quote

The information on this website describes the kind of work we do. It is general in nature, is not advice, and is not an offer capable of acceptance. Descriptions of pods, inclusions, materials and methods are indicative only and may change.

A binding agreement between us arises only when we issue a written quotation for your specific job and you accept it in writing. That quotation, together with the scope, drawings and finishes schedule referred to in it, sets out what has been agreed.

3. Quotations, scope and variations

Quotations are valid for the period stated in the quotation. A quotation is prepared on the basis of the site information available to us at the time, including access, ground conditions and the intended use of the pod.

Where the site differs materially from what was assessed, or where you ask for a change after work has begun, the change will be described, priced and agreed in writing before it is carried out. Items expressly excluded from a quotation — commonly footings and site preparation, final plumbing and electrical connections, and any local government approvals — remain your responsibility unless we have agreed otherwise in writing.

4. Approvals and site responsibilities

Obtaining any planning, building or other approval required by your local government for a pod on your property is your responsibility unless our written agreement says otherwise. You are responsible for ensuring that safe and lawful access to the site is available on the agreed delivery date, and for informing us of anything on or under the site that could affect delivery or installation.

5. Your rights under the Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law, contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

For major failures with a service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If a failure does not amount to a major failure, you are entitled to have the failure remedied within a reasonable time, and if this is not done, to cancel the contract and obtain a refund for the unused portion.

For goods, you are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by the Australian Consumer Law or any other law where to do so would be unlawful.

6. Limitation of liability

Subject to clause 5, and to the maximum extent permitted by law:

  • our liability for a failure to comply with a consumer guarantee, other than a guarantee that cannot be limited under the Australian Consumer Law, is limited at our option to resupplying the services, paying the cost of having them resupplied, replacing the goods, or paying the cost of replacing them;
  • we are not liable for indirect or consequential loss, loss of profits, loss of opportunity or loss of data arising out of or in connection with these terms; and
  • we are not liable for loss or damage caused by your failure to obtain a required approval, by inaccurate site information supplied to us, or by work carried out on the pod by others.

In relation to this website specifically, it is provided on an "as is" basis. We do not warrant that it will be uninterrupted or error free, and we are not liable for any loss arising from reliance on general information published here rather than on a written quotation.

7. Intellectual property

All content on this website — including text, layout, styling, drawings and inline graphics — is owned by Fropodz Pty Ltd or used with permission, and is protected by the Copyright Act 1968 (Cth).

You may view the site and print or download extracts for your own personal, non-commercial use. You may not reproduce, republish, adapt or distribute any part of it commercially without our prior written consent.

Designs, drawings, plans and specifications we prepare for a job remain our intellectual property. On full payment of the amounts owing for that job, you receive a non-exclusive licence to use them for the purpose of that job at that site. They may not be used to have the same or a similar pod built by anyone else.

8. Payment

Payment terms, including any deposit and progress payments, are set out in the applicable quotation or invoice. Unless the quotation says otherwise, title in a completed pod passes to you on payment in full, while risk passes on delivery and set-down at your site.

9. Cancellation and termination

You may cancel an accepted quotation by written notice. Where materials have been ordered or work has commenced, we may retain or invoice an amount equal to our reasonable costs incurred and work performed to the date of cancellation.

We may suspend or terminate work by written notice if payment is overdue, if safe or lawful site access cannot be provided, or if you are in material breach of the agreement and have not remedied that breach within a reasonable time after being asked to. Termination does not affect rights that have already accrued to either party, and clauses 5, 6, 7 and 10 survive termination.

We may also modify or withdraw this website, or any part of it, at any time without notice.

10. Governing law

These terms are governed by the laws of Western Australia and the Commonwealth of Australia. You and Fropodz Pty Ltd submit to the non-exclusive jurisdiction of the courts of Western Australia and of the courts able to hear appeals from them.

11. General

If any provision of these terms is found to be unenforceable, it is severed to the extent necessary and the remaining provisions continue in force. A failure by us to enforce a provision is not a waiver of it. We may update these terms from time to time, and the version published on this page at the time you use the site is the version that applies.

12. Contact

Questions about these terms should be sent to Fropodz Pty Ltd at [email protected].

Want the scope in writing before you commit?

That is how we work anyway. Ask for a quotation and you will get the inclusions and the exclusions on the same page.