Prototal Group

Terms and Conditions

Prototal Group Terms and Conditions

1.    Agreement
1.1   These terms and conditions are applicable to all Services provided to the Customer by Prototal and are to be read in conjunction with the Services Schedule.
1.2   The Customer agrees to be bound by these Terms and Conditions upon Prototal receiving instructions from the Customer or the Customer’s Agent to provide Services contained in the Services Schedule.
1.3   Acceptance by Prototal of instructions from the Customer or the Customer’s Agent will form a binding contract between Prototal and the Customer on these Terms and Conditions. Prototal will be taken to have accepted an instruction from the Customer or the Customer’s Agent if:

1.3.1         Prototal provides acceptance of the instruction in writing; or
1.3.2         Prototal commences performance of the instruction for Services; or
1.3.3         Prototal issues the Customer an invoice in relation to the Services.

2.       Definitions
In this Agreement:
Agent means the Customer’s appointed agent for the management of the Customer’s property
Agreement means this agreement
Contractor means a person or persons engaged by Prototal to assist in providing Services
Customer means agent, landlord, rental provider or other party that engages Prototal to provide Services
Employee means a person or persons employed by Prototal
Prototal means Prototal Pty Ltd. (ACN 22 627 488 715)
Property means a residential dwelling that can be both tenanted and owner occupied, including, but not limited to: house; apartment; townhouse; unit; flat
Unfit Property means Property that is not in a reasonable state and does not allow for safe access and/or does not provide a safe environment for Prototal to perform the Services, Prototal may issue a statement in writing declaring a Property to be Unfit Property
Representative means a person or persons representing Prototal in its business dealings
Residential Tenancies Regulations 2021 means the regulations that come into force in Victoria on 29 March 2021
Services means the services as specified in Schedule 1

3.       Interpretation
3.1   In these terms and conditions, except where the context otherwise requires:

3.1.1         a reference to a clause, paragraph, schedule or annexure is to a clause or paragraph of, or schedule or annexure to, these terms and conditions, and a reference to this agreement includes any schedule or annexure;
3.1.2         a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
3.1.3         the singular includes the plural and vice versa;
3.1.4         the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions; and
3.1.5         this Agreement is to be read in conjunction with any other agreement, form, invoice or communications with Prototal.

4.     Pricing and Payment
4.1   Pricing will be determined based on the Services that the Customer or the Customer’s Agent engage Prototal to perform and will be agreed upon before any Services are undertaken. Pricing will be binding on acceptance from all parties.
4.2   The Customer accepts that Prototal may vary the price of the Services if any material changes to the Services are required and discovered after acceptance by both parties.
4.3   The Customer authorises its Agent to pay Prototal on completion of services carried out at the Customer’s Property.
4.4   Price will be indicated on invoices to the Customer’s Agent.
4.5   Payment will be due within thirty (30) days of the invoice date.
4.6   If an invoice remains unpaid after thirty (30) days from the date of the invoice, Prototal may suspend all services and recover all outstanding costs.
4.7   If an invoice remains unpaid after 30 days an administrative fee may be charged.
4.8   Prototal reserves the right to change the price for its services at any time and will provide reasonable notice if it does so.  

5.       Suspension and Termination
5.1   The Customer or the Customer’s Agent may choose to terminate their subscribed Services for a Property at any time by providing Prototal with written notice within thirty (30) days of the next scheduled Service.
5.2   Notwithstanding anything contained in these terms, Prototal may Suspend or terminate all scheduled Services immediately in the event that:

5.2.1         Invoices remain unpaid after their due date.
5.2.2         The Customer or the Customer’s Agent are in breach of these terms and conditions.
5.2.3         The Customer or the Customer’s Agent fail to provide all relevant information and reasonable access to properties to enable Prototal to perform its services efficiently and in a timely and practical manner.
5.2.4         Failure to provide all information, instructions, approvals and authorisations to enable Prototal to perform its services in accordance with these terms and conditions.
5.2.5         Prototal’s Contractors or Representatives deem a Property unsafe to enter.
5.2.6         Failure to provide access at the scheduled time of appointment of the agreed upon Services.

5.3   If a Property or location is suspended or terminated from annual or biannual safety compliance inspections, you assume and accept all risks at Law associated with any of the Services provided by Prototal from the date of suspension or termination.

6.       Warranties
6.1   The Customer warrants, represents and undertakes that the Customer, and where relevant its Employees or Agents:

6.1.1         has legal capacity, full right, power and authority to enter into an agreement for Services;
6.1.2         is not subject to any legal restrictions preventing Prototal from performing the Services;
6.1.3         will provide, as soon as practicable, Prototal with the necessary information required to perform the Services; and
6.1.4         will provide reasonable, safe and practical access to areas of the relevant Property as is necessary to perform the Services.

6.2   Prototal warrants, represents and undertakes that Prototal will:

6.2.1         perform Services as agreed with reasonable care, skill and technical proficiency whilst taking reasonable and necessary measures to avoid loss and damage;
6.2.2         will perform the Services on a best endeavours basis in a reasonable time frame if it is practical to do so, given all the facts and circumstances, including demand and uptake of Services; and
6.2.3         will perform the Services to provide the outcomes as agreed to by the parties.

7.       Liability
7.1   Under this Agreement, Prototal is liable to the Customer for any injury or damage caused to property which has been caused by fault or negligence during the performance of the agreed Services by Prototal.
7.2   Prototal does not accept any liability or provide any warranty in relation to the performance or non-performance of the Services in the Services Schedule outside of the Warranties and Liability contained herein, and to the extent there is an implied warranty, that warranty is excluded to the fullest extent permitted by the law. 
7.3   Prototal is only liable to the Customer for those Services which are agreed upon in accordance with these Terms and Conditions and to which the Customer has instructed Prototal to perform. Prototal does not accept any liability or responsibility for Services which are not validly accepted by both parties in accordance with these Terms and Conditions. Prototal disclaims all liability for any indirect or consequential loss in connection with the provision of Services or information provided to the Customer where the Customer relies on either of these in a manner inconsistent with or outside the scope of these Terms and Conditions.
7.4   As described in 6.2.2 of these Terms and Conditions, we will act on a best endeavours basis to provide agreed upon Services in a reasonable time frame, however, Prototal makes no guarantee that the Services will be provided by any fixed date or time.
7.5   None of the above is intended to limit or exclude the Customer’s rights under Australian Consumer Law or any other applicable legislation which cannot be lawfully excluded or limited by Prototal.
7.6   Prototal will not be liable, to the maximum extent permitted by Law, for any act or omission by us to act with respect to Property deemed Unfit Property. From the date the Property is deemed to be Unfit Property, the Customer indemnifies Prototal for any claim, cost, action, liabilities, expense, loss or damage (direct or indirect) that Prototal, its Employees, Representatives or Contractors may suffer or incur, howsoever arising.

8      Privacy
8.1   Prototal agrees, and shall ensure that its Contractors, Employees, Representatives and Agents agree, at all times during and for so long as is legally permissible after the performance of Services, to keep confidential and not share any data or Customer details provided to Prototal by Agencies or any other Customer.
8.2   Prototal will not (and will use best endeavours to ensure third parties do not) disclose, discuss, copy or transmit any confidential data or Customer details, except as required by Law or to the extent necessary to perform any of Prototal’s obligations under these Terms and Conditions.
8.3   The obligations under this clause will survive termination of this Agreement.

9         Governing law and jurisdiction
9.1   This Agreement is governed by the law of Victoria and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria.

Schedule 1: Services

Part A: Electrical Safety Compliance Inspection

  • Upon acceptance of instructions by Prototal from the Customer or Customer’s Agent, Prototal will provide the Services, as outlined in this Part, every two years.

  • Prototal will provide Electrical Safety Compliance Inspection Services by a qualified electrician in order for the Customer to satisfy their statutory compliance obligations under the Residential Tenancies Regulations 2021.

  • Upon completion of your Electrical Safety Compliance Inspection a digital safety compliance report will be issued to the Customer.

  • The Electrical Safety Compliance Inspection is conducted in accordance with AS/NZS 3000:2018 ‘Electrical Installation – Wiring’ and AS/NZS 3019:2007 ‘Electrical Installations - Periodic Verification’ and includes a visual inspection of all switchboards, electrical fittings and fixed appliances.

  • The Electrical Safety Compliance Inspection also includes the following services:

    • residual-current circuit breaker with over current protection / residual current device operation and safety testing;

    • insulation resistance test;

    • correct polarity; and

    • earth loop impedance.

  • Prototal will not provide Electrical Safety Compliance Inspection Services to an Electrical Appliance that:

    • is located under the Property or located in or on the roof of the Property; or

    • is not accessible or is obscured and unable to be moved without the risk of damage or injury.

  • No light fittings or electrical appliances will be opened during your safety inspection other than your mains switchboard and/or distribution boards.

  • Solar installations are excluded from this Service and are covered under a separate Service.

Part B: Gas Safety Compliance Inspection and Carbon Monoxide Testing

  • Upon acceptance of instructions by Prototal from the Customer or Customer’s Agent, Prototal will provide the Services, as outlined in this Part, every two years.

  • Prototal will provide Gas Safety Compliance Inspection and Carbon Monoxide Testing Services by a qualified Gasfitter in order for the Customer to satisfy their statutory compliance obligations under Residential Tenancies Regulations 2021.

  • Upon completion of your Gas Safety Compliance Inspection a digital safety compliance report will be issued to the Customer.

  • The Gas Safety Compliance Inspection is conducted according with AS/NZS 5601 1:2013 and includes:

    • visual inspection of all gas appliances;

    • correct appliance location and ventilation;

    • correct isolation points;

    • pressure test of the main gas line;

    • correct pressure at all accessible appliances;

    • carbon monoxide test if applicable; and

    • negative pressure test if applicable.

  • If a gas line or gas appliance is deemed unsafe, dangerous or non-compliant you acknowledge and accept that Prototal or one of its Representatives will isolate and/or decommission the gas line or gas appliance until an appropriate replacement is installed or remedial works are undertaken in order to make compliant and safe for use.

  • The Gas Safety (Gas Installation) Standards under AS/NZS 5601 1:2013 require a person carrying out gasfitting work to take certain actions if they become aware of a dangerous installation. A dangerous installation is one that presents a threat to life or property.

  • Gas installations and appliances are found to be dangerous because of various defects, which include:

    • appliance obviously illegally installed;

    • serious appliance fault or malfunction;

    • appliance safety devices tampered with or removed;

    • significant gas escape;

    • significant flue spillage;

    • dangerous storage of LP Gas;

    • inappropriate appliance location; and

    • carbon monoxide present or suspected.

  • The first priority when identifying a dangerous installation is to safeguard life and property.

  • The person carrying out the work must:

    • make the installation or appliance safe;

    • notify the occupier or owner about the defect; and

    • if unable to make safe, notify the gas distribution company (if NG) or gas retailer (if LPG).

Part C: Smoke Alarm Safety Compliance Inspection

  • Upon acceptance of instructions by Prototal from the Customer or Customer’s Agent, Prototal will provide the Services, as outlined in this Part, annually.

  • Prototal will provide Smoke Alarm Safety Compliance Inspection Services in order for the Customer to satisfy their statutory compliance obligations under the Residential Tenancies Regulations 2021. This includes:

    • confirming if alarm/s are in date and are in the correct location;

    • cleaning;

    • smoke test;

    • decibel test; and

    • battery replacement or as required to comply with safety standards.

  • Property inspection, installation and testing will be performed in accordance with current smoke alarm legislation and standards.

Part D: Solar System Safety Compliance Inspection

  • Solar System Safety Compliance Inspections, whilst being an electrical system, fall under a separate Service and will be invoiced as a separate item.

  • Solar System Safety Compliance Inspection Services will be conducted as an add-on service. This includes:

    • visual inspection of all accessible components of the Solar system, including solar panels, inverter, DC isolators, AC isolators and AC circuit breakers;

    • insulation resistance testing of accessible cables;

    • voltage checks;

    • correct location and clearances of all accessible installed components within the system; and

    • labelling compliance checks.