Terms of Service
These Terms of Service (“Terms”) apply to the building and construction services provided by Lifestyle Build Pty Ltd (ABN registered in Australia), trading from Melbourne VIC, Australia, and to your use of our website at https://lifestylebuildau.space. By engaging our services or using this website, you agree to these Terms. If you do not agree, please do not use this website or engage our services.
1. About Lifestyle Build Pty Ltd
Lifestyle Build Pty Ltd provides building and construction services to residential and commercial clients, including new builds, renovations, extensions, and related project work. Our services are delivered primarily across Melbourne VIC and surrounding areas.
2. Quotes and Estimates
- All quotes and estimates provided by us are valid for the period stated on the quote, or 30 days if no period is stated.
- Quotes are based on the information available at the time of preparation, including site inspections, plans and specifications supplied by you.
- An estimate is not a fixed price. A binding price is formed only when a written contract is signed by both parties.
- We may withdraw or amend a quote before a contract is signed, including where site conditions, plans or material costs change.
3. Contracts for Building Work
- Building work is carried out under a written contract that sets out the scope of works, price, timeline, payment schedule and other terms required by law.
- Where applicable, our domestic building contracts comply with the Domestic Building Contracts Act 1995 (Vic) and the Building Act 1993 (Vic).
- Nothing in these Terms overrides any statutory warranties or obligations that apply to building work under Victorian or Commonwealth law.
4. Deposits and Progress Payments
- Deposits and progress payments are charged in accordance with the payment schedule set out in your contract and applicable Victorian limits on deposits for domestic building work.
- Invoices are payable by the due date stated on the invoice.
- Overdue amounts may accrue interest or recovery costs as permitted by law and set out in your contract.
- We may suspend work where a payment is overdue, after giving you written notice as required by law.
5. Variations to the Works
Any change to the agreed scope of works must be documented in a written variation signed by both parties before the varied work is carried out, except where emergency work is necessary to make a site safe. Variations will state any adjustment to price and time.
6. Access, Site Conditions and Safety
- You must provide safe, lawful and timely access to the site for the duration of the works.
- You must disclose any known hazards or site conditions, including asbestos, unstable ground, underground services or easements, before work commences.
- We will maintain a safe worksite so far as reasonably practicable and comply with work health and safety laws.
- Delays caused by inaccessible sites, undisclosed hazards or unsafe conditions may result in extensions of time and additional costs as set out in your contract.
7. Delays and Extensions of Time
While we aim to complete works by the date in your contract, some delays are outside our control, including weather, supply shortages, delays by other trades, permit processing and changes you request. Where a delay is caused by such an event, we may claim a reasonable extension of time in accordance with your contract.
8. Australian Consumer Law Guarantees
Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot lawfully be excluded.
Our services come with guarantees that cannot be excluded under the Australian Consumer Law, including that services will be rendered with due care and skill, be reasonably fit for purpose, and be supplied within a reasonable time. You may be entitled to a refund, resupply or compensation for a major failure, and to compensation for any other reasonably foreseeable loss or damage.
In addition, statutory warranties apply to domestic building work in Victoria, including warranties that work will be carried out in a proper and workmanlike manner, with due care and skill, and in accordance with plans and specifications.
9. Limitation of Liability
To the extent permitted by law, our liability for any claim arising out of or in connection with our services is limited to the amount payable under your contract for the relevant works, except where the claim arises from our negligence, a breach of a statutory warranty, or a failure to comply with a consumer guarantee that cannot be limited. We are not liable for indirect or consequential loss, except where such limitation is not permitted by law.
10. Insurance
We maintain the insurance cover required for our building work, and where required by Victorian law for domestic building work over the relevant threshold, domestic building insurance will be arranged and disclosed in your contract.
11. Intellectual Property and Website Use
- All content on this website, including text, images, logos and design, is owned by or licensed to Lifestyle Build Pty Ltd and may not be copied or reused without our written permission.
- Plans, drawings, schedules and specifications prepared by us remain our intellectual property until final payment is received, after which you receive a licence to use them for the agreed project.
- You must not use this website in a way that is unlawful, misleading, or that impairs its operation.
12. Privacy
We handle personal information in accordance with our Privacy Policy, which forms part of these Terms.
13. Suspension and Termination
Either party may terminate a contract in accordance with its terms and applicable law. We may suspend or terminate services where you fail to make a due payment, breach a material term, or where site conditions make it unsafe or unlawful to proceed, after giving the notice required by law. Where you terminate a contract without a legal right to do so, you may be liable for reasonable costs incurred up to termination.
14. Dispute Resolution
If a dispute arises, please contact us first in writing so we can seek a fair and prompt resolution. Domestic building disputes in Victoria may also be referred to Domestic Building Dispute Resolution Victoria or the Victorian Civil and Administrative Tribunal (VCAT). Nothing in this clause prevents either party from seeking urgent injunctive relief.
15. General
- These Terms are governed by the laws of Victoria, Australia, and the parties submit to the jurisdiction of the courts and tribunals of Victoria.
- If any provision of these Terms is invalid or unenforceable, the remaining provisions continue in full force.
- These Terms may be updated from time to time. The current version published on this website applies to website use, and the signed contract applies to contracted building work.
16. Contact Us
For questions about these Terms, please contact:
Lifestyle Build Pty Ltd
Email: ceo@lifestylebuildau.space
Location: Melbourne VIC, Australia
Website: https://lifestylebuildau.space
Request a free quote or return to our home page.