One to One Support Agreement

1. Contract

The contract is between Build Pilot and the Client, whereby the Client engages Build Pilot in relation to Home Builders Advisory ("Home Builders Advisory"), whereby:

• Build Pilot will offer the Client consulting services to match the Client with a Builder to suit the particular building project that the Client wishes to carry out in accordance with the requests of the Client;
• Build Pilot will promote house and land packages but will then match the Client with a Builder to suit the particular house and land building project that the Client wishes to carry out in accordance with the requests of the Client; and
• Build Pilot will provide a service of designing homes in accordance with the requests of the Client and a fee may be applicable for the Design Division service.

The Contract will consist of: These Terms and Conditions; The Terms and Conditions contained within the Website; and The Disclaimer on the Website.

2. Term

Subject to termination in accordance with clause 11, unless either party notifies the other party in writing prior to the end of the term, this Contract continues until Home Builders Advisory are completed.

3. Charges, Payment, Billing & Billing Disputes

Invoiced Charges

• The Client understands that all payment for Home Builders Advisory will be invoiced to the client by Build Pilot.
• The Client shall pay the fees by the Due Date as specified in the invoice throughout the Term.
• Client understands that the Contractor will provide a quote to Build Pilot that Build Pilot will then forward direct to the Client on the Contractor's behalf.

Commission

In the event that the Client engages the Contractor to carry out the Building Services, the Client acknowledges that Build Pilot will be paid a commission from the Contractor as a fee for service. The Client acknowledges that Build Pilot is receiving the same commission from each builder.

Overdue Payments

Build Pilot reserves the right to charge interest on any overdue amount at a rate 2% + GST above the Commonwealth Bank Corporate Overdraft Reference Rate. The Client will be liable to pay all expenses (including reasonable legal costs) incurred by Build Pilot in relation to recovering payments due under the Contract.

4. Home Builders Advisory Service

Provision of Service

• Subject to the Client's compliance with the Contract, Build Pilot will use its best endeavours to provide the Home Builders Advisory in accordance with the Contract and the requests of the Client.
• All contracts in relation to the Building Services are between the Client and the Contractor direct.
• Build Pilot shall not be liable for any Liability incurred by the Client due to a failure of the Contractor to commence or complete Building Services.

Client's Obligations

The Client must not use Home Builders Advisory:

• To breach any term of the Contract or for any improper or unlawful purpose;
• In breach of any applicable Government Agency requirements, legislation and laws;
• In any way which damages or interferes with Home Builders Advisory;
• To transmit, publish or communicate material which is defamatory, offensive, or unwanted.

5. Disputes Procedure

• The parties shall co-operate to investigate promptly and resolve any dispute concerning billing or any other issue arising pursuant to the Contract.
• Any dispute relating to payment must be notified in writing no later than 21 days from the date of the relevant invoice.
• If parties are unable to resolve the dispute within 10 Business Days, each party shall escalate to an executive. If unresolved, either party may commence legal proceedings.
• The exclusive venue for resolving any dispute shall be in the courts of South Australia, Australia.

6. Compliance with Government Agency Requirements

In the event that Build Pilot is unable to provide Home Builders Advisory due to any direction of a Government Agency, law, rule, regulation, statute or ordinance, Build Pilot shall provide notice to the Client and shall not be liable for any Liability incurred. Upon receipt of such notice, the Client may terminate without penalty within 14 days.

7. Nature of the Conduct

The Contract contains the entire agreement between Build Pilot and the Client and supersedes all prior communications. Unless otherwise specified, no amendments or variation is valid unless made in writing and signed by both parties.

8. Indemnity

The Client shall indemnify Build Pilot from and against any Liability arising from:

• Breach by the Client of any material term or obligations under the Contract;
• Any negligent act or omission or wilful misconduct by the Client;
• Any direct or indirect consequence of the Client accessing or using the Website;
• The use or provisioning of Home Builders Advisory;
• Any claims or demands made upon Build Pilot by reason of any loss, injury or damage from the use of Home Builders Advisory.

9. Disclaimer

The Client understands and acknowledges that:

• Build Pilot will provide Home Builders Advisory but will engage Contractors to undergo the Building Services;
• The Contractors referred are independent of Build Pilot;
• Build Pilot is not the builder;
• Build Pilot's process involves a schematic design only;
• Build Pilot has not made any representation as to the work to be performed or the quality of work anticipated;
• The Client agrees to satisfy themselves that the Contractors meet the standards of work required;
• Build Pilot does not take responsibility if the Contractor becomes insolvent;
• All designs and materials produced by Build Pilot are covered by copyright;
• Building Services are subject to council approval and all other relevant approvals;
• Prices may vary depending on selections, engineering, council requirements and adjustments.

10. Liability and Warranties

• The Client acknowledges it has not relied on any representation or warranty not stated expressly in the Contract.
• Build Pilot will match Clients to Contractors based on professional judgement only, not financial benefit.
• To the extent permitted by law, Build Pilot will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity.
• Use of the Website and Home Builders Advisory is at the Client's own risk.

11. Termination and Suspension

Termination by Build Pilot

Build Pilot may terminate the Contract if it determines that it is not technically feasible or commercially viable to supply Home Builders Advisory, or if the Client breaches any provision of the Contract, or if required by law.

Termination by Client

The Client may terminate the Contract if Build Pilot commits a serious breach and has not remedied that breach within 30 days of becoming aware.

Following Termination

On termination, each party must return or destroy the other party's Confidential Information, and Build Pilot may immediately stop supplying Home Builders Advisory.

12. Intellectual Property

• For plans provided by the Contractor, the copyright is owned by the Contractor.
• For plans provided by Build Pilot, Build Pilot owns all copyright in all designs and materials.
• The Client must not take any plans created by Build Pilot to any builder other than the one Build Pilot has recommended.
• Build Pilot owns all material (including Intellectual Property Rights) developed by it or its personnel.

13. Confidentiality

Build Pilot and the Client each agree to keep confidential the other's Confidential Information and to not use it for any purpose other than that for which it was disclosed. The obligations of confidentiality survive termination until the information becomes part of the public domain.

14. Notices

Notices shall be in writing. Prepaid post is presumed given 5 days after posting. Email is presumed given upon transmission confirmation.

15. Waivers

No waiver or indulgence by any party shall be binding unless in writing.

16. Governing Law

This Contract shall be governed by the law of South Australia and the parties agree to submit to the jurisdiction of the Courts of South Australia.

17. Conflict of Interest

To avoid conflict of interest, if the Client has already engaged a particular builder, Build Pilot will be unable to match them to a different builder. The Client may return after 12 months from the original Building Contract.

18. Credit Worthiness

The provision of Service is subject to Build Pilot's privacy policy and the requirements of the Privacy Act 1988 (Cth), Telecommunications Act 1997 (Cth), and other applicable laws. Build Pilot may disclose personal information to credit reporting agencies for the purposes of credit assessment and account management.