Client Audit Terms & Conditions

1. Parties and agreement

These terms are proposed between the business trading as Hotel Quality Audits Australia (HQAA), ABN 63 410 571 180 (Service Provider), and the client identified in an accepted written quote or service agreement (Client). The accepted quote, agreed scope and these terms together form the agreement. If inconsistent, the signed scope or quote prevails to the extent stated.

2. Services and scope

We provide independent visual and observational quality inspections limited to the areas, rooms, dates, access and criteria expressly stated in the accepted scope. We do not perform invasive inspection, sampling, laboratory testing, certification, pest control, engineering assessment, fire safety assessment, building compliance certification, clinical hygiene or other specialist services unless expressly agreed and appropriately qualified.

3. Access, authority and safety

The Client warrants that it has authority to engage us and provide lawful access to each inspection area, including any guest rooms, and will obtain required permissions and notices. The Client must disclose known hazards and provide a reasonably safe working environment. We may refuse or stop work where access is unauthorised, unsafe or materially outside scope; any resulting charges will be handled reasonably and in accordance with applicable law.

4. Inspection limitations

Findings reflect conditions reasonably observable at the time and within the agreed scope. Hidden defects, intermittent conditions, inaccessible areas and matters requiring specialist testing may not be detected. A report is not a guarantee of future cleanliness, safety, compliance, guest satisfaction or commercial outcomes. We will exercise due care and skill in providing services.

5. Evidence, privacy and confidentiality

Photographs and notes are collected only where lawful, authorised and relevant to the engagement. The Client must advise us of privacy, guest-consent, security and photography restrictions. We will take reasonable steps to avoid unnecessary personal information. Both parties must keep non-public information confidential, except where disclosure is required by law, reasonably necessary to professional advisers, insurers or service providers subject to appropriate safeguards, or otherwise agreed in writing.

6. Reports and permitted use

Subject to full payment, the Client receives a non-exclusive licence to use the final report internally for management and improvement of the inspected property. Unless expressly agreed, the Client must not alter findings, present excerpts misleadingly, publish the report, use our name or logo as an endorsement or certification, or distribute it to third parties for reliance. We retain ownership of our pre-existing methods, templates and intellectual property. Factual client-supplied materials remain the Client's property.

7. Fees and payment

Fees, expenses, deposits, invoicing milestones and due dates will be specified in the written quote. Quoted prices are in AUD and GST is added only if legally applicable and disclosed. Additional work, travel, accommodation or re-inspections require Client approval before charges are incurred. We may charge lawful reasonable recovery costs for overdue undisputed amounts only where expressly agreed and permitted by law.

8. Changes, postponement and cancellation

Scope changes must be agreed in writing. The accepted quote should specify any reasonable cancellation fees and non-refundable third-party costs. Any fee must reflect genuine costs or losses, not operate as an unlawful penalty, and remain subject to applicable consumer law. Where we cannot provide the service, we will offer an appropriate reschedule or refund consistent with legal obligations.

9. Corrections and complaints

The Client should notify us promptly of suspected factual inaccuracies, providing supporting information. We will review reasonable concerns and correct verified material errors. Disagreement with a professional observation alone does not establish an error. This process does not limit statutory remedies.

10. Liability and statutory guarantees

Nothing in this agreement excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law. To the extent permitted by law, and where lawful and fair in the circumstances, liability for a failure to comply with a statutory guarantee may be limited to supplying the services again or paying the cost of having the services supplied again, where the law permits that limitation. Otherwise, liability is determined under applicable law. No clause excludes liability for fraud, wilful misconduct or other liability that cannot lawfully be excluded. Neither party is liable for remote or speculative losses to the extent such exclusion is lawful, reasonable and enforceable.

11. No third-party reliance

Reports are prepared for the Client for the agreed purpose only. Third parties must not rely on them without our prior written consent and a separate agreement, subject to rights that cannot lawfully be excluded. The Client must not misrepresent the scope or conclusions of a report.

12. Independence and conflicts

We may disclose any material conflict of interest relevant to the engagement. The Client must not request falsification, concealment or alteration of genuine findings. We reserve the right to terminate an engagement if required to act unlawfully or dishonestly, subject to fair payment and refund obligations.

13. Disputes

Either party may notify the other of a dispute in writing. The parties will first attempt to resolve it in good faith within 14 days, without preventing urgent relief or exercise of statutory rights. If unresolved, the parties may consider mediation by agreement before litigation. Nothing prevents a complaint to a regulator or tribunal where legally available.

14. Governing law and general provisions

The agreement is governed by New South Wales law, subject to mandatory applicable law. Any unenforceable term is severed to the extent possible without affecting the remainder. Changes must be recorded in writing. Neither party may assign material obligations without the other's consent, not to be unreasonably withheld.

15. Acceptance requirement

Before work begins, the Client should sign or affirmatively accept a dated quote or service agreement identifying the property, services, exclusions, fees, cancellation terms, report recipient and these terms. An enquiry form submission is not acceptance of these terms.

Contact: hqaa.business@outlook.com