Legal
Terms of Service
ARCTEK | Effective Date: 18 May 2026 | ABN: 45 623 900 173 | Version 1.0
Please read these Terms of Service carefully before engaging ARCTEK's services or accessing our website. By proceeding with an engagement, submitting an enquiry, or signing a Pilot Agreement, you agree to be bound by these Terms. These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. Nothing in these Terms limits any right you may have under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law).
1. Definitions and Interpretation
In these Terms, unless the context requires otherwise:
- "ARCTEK", "we", "us", "our" means Cameron Baker trading as ARCTEK (ABN 45 623 900 173).
- "Client", "you", "your" means the business or individual engaging ARCTEK's services as identified in the Pilot Agreement or other engagement document.
- "Services" means the Opportunity Recovery Assessment, 30-Day Pre-Construction Pipeline Pilot, associated reporting, and any other services described in an agreed Scope of Work.
- "Pilot Agreement" means the written agreement signed by both parties specifying the scope, pricing, and terms of a specific engagement.
- "Deliverables" means all reports, dashboards, documentation, and materials produced by ARCTEK in connection with the Services.
- "Confidential Information" has the meaning given in clause 8.1.
- "Data Processing Agreement" or "DPA" means the separate data processing agreement governing the handling of personal information.
- "Business Day" means a day that is not a Saturday, Sunday, or public holiday in Western Australia.
- "GST" has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
A reference to a statute includes all regulations and amendments made under that statute. The singular includes the plural and vice versa. Headings are for convenience only.
2. Services
ARCTEK provides revenue operations and pre-construction pipeline management services exclusively to Australian commercial contractors. Our Services are described in detail in the relevant Pilot Agreement and associated onboarding documentation.
The Services do not include and ARCTEK will not under any circumstances provide:
- Construction estimating or cost planning;
- Project management or contract administration;
- Legal, financial, or accounting advice;
- Lead generation or advertising services;
- Full CRM implementation or configuration beyond the scope agreed;
- Guaranteed revenue outcomes or predictions of future financial performance;
- External client communications sent without your explicit prior approval.
3. Engagement and Acceptance
3.1 An engagement commences when both parties have executed a Pilot Agreement (or other written scope document) and the initial fee payment has been received by ARCTEK.
3.2 These Terms of Service are incorporated into and form part of every Pilot Agreement. In the event of any inconsistency between these Terms and a Pilot Agreement, the Pilot Agreement prevails to the extent of the inconsistency.
3.3 ARCTEK reserves the right to decline any engagement at its discretion and without obligation to provide reasons.
3.4 Any variation to the scope of Services must be agreed in writing by both parties. Verbal agreements to vary scope are not binding on ARCTEK.
4. Fees and Payment
4.1 Fee Schedule
Fees are specified in the relevant Pilot Agreement. Unless otherwise stated, all fees are quoted exclusive of GST. GST will be added where applicable and is payable by you in addition to the stated fee.
4.2 Payment Terms
- 30-Day Pilot (Core $2,500 · Growth $3,000 · Partner $4,000, excl. GST): Full payment due within 7 days of invoice date and prior to commencement of Services. Where the engagement continues to a monthly retainer, the pilot fee is credited against the first month's retainer.
- Monthly Retainer: Payment due in advance on the first Business Day of each calendar month, or as specified in the retainer agreement.
4.3 Late Payment
Invoices not paid by the due date will accrue interest at the rate of 10% per annum calculated daily on the outstanding amount. ARCTEK reserves the right to suspend Services for invoices outstanding more than 14 days past due date and to terminate the engagement for invoices outstanding more than 30 days past due date, without prejudice to any other rights.
4.4 Disputed Invoices
If you dispute any invoice in good faith, you must notify us in writing within 5 Business Days of receipt, specifying the nature and amount of the dispute. Undisputed amounts remain payable by the original due date. We will endeavour to resolve disputed amounts within 14 Business Days.
4.5 GST
Where GST applies, ARCTEK will issue a tax invoice in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth). You must pay the GST amount at the same time as the taxable supply to which it relates.
4.6 Expenses
Unless expressly agreed otherwise in the Pilot Agreement, all expenses are included in the quoted fee. No additional expenses will be charged without your prior written approval.
5. Client Obligations
To enable ARCTEK to deliver the Services effectively, you agree to:
- Designate a primary contact with appropriate authority to make operational decisions;
- Provide accurate, complete, and timely information and data as reasonably requested;
- Ensure the primary contact is available for scheduled onboarding calls, weekly report reviews, and the final pilot review;
- Ensure that all data and information you share with ARCTEK is shared lawfully, with appropriate authority, and does not infringe the privacy or confidentiality rights of any third party;
- Actively participate in system adoption during the pilot period;
- Notify ARCTEK promptly of any changes to your business that may materially affect the Services;
- Comply with all applicable laws in connection with your use of the Services and any data you provide;
- Not use the Services or any Deliverables for any unlawful, deceptive, or harmful purpose; and
- Provide a safe and respectful engagement environment for ARCTEK personnel.
ARCTEK's ability to deliver the Services depends materially on your fulfilment of these obligations. ARCTEK is not liable for any failure to deliver where that failure is caused or contributed to by your failure to fulfil these obligations.
6. Our Obligations
ARCTEK will:
- Deliver the Services described in the Pilot Agreement with reasonable care and skill;
- Assign Cameron Baker as the primary contact and responsible operator for all client engagements;
- Maintain the confidentiality of your information in accordance with clause 8;
- Comply with our obligations under the Data Processing Agreement;
- Seek your explicit approval before any external communication is sent on your behalf;
- Maintain adequate records of all Services performed; and
- Notify you promptly if we become aware of any issue that may materially affect our ability to deliver the Services.
7. Intellectual Property
7.1 ARCTEK's Pre-Existing IP
ARCTEK retains all intellectual property rights in its pre-existing methodologies, templates, frameworks, tools, processes, and know-how used to deliver the Services. Nothing in these Terms transfers ownership of ARCTEK's pre-existing intellectual property to you.
7.2 Deliverables
Upon full payment of all fees due, ARCTEK grants you a non-exclusive, royalty-free, perpetual licence to use the Deliverables (including dashboard configurations, reports, and documentation) for your own internal business purposes.
7.3 Your Data and Information
You retain full ownership of all data, information, and materials you provide to ARCTEK. You grant ARCTEK a limited, non-exclusive licence to use that data solely to the extent necessary to deliver the Services. ARCTEK will not use your data for any other purpose without your consent.
7.4 Anonymised Data
ARCTEK may use fully anonymised, aggregated, non-identifiable insights derived from engagements to improve its services and methodologies. No individual or business can be identified from such anonymised data.
7.5 Case Studies and Testimonials
ARCTEK will not use your business name, specific results, or identifiable information in any promotional material without your prior explicit written consent. Any case study or testimonial must be reviewed and approved by you before publication.
8. Confidentiality
8.1 Definition
"Confidential Information" means all non-public information disclosed by one party to the other in connection with the engagement, including (without limitation) business strategies, financial data, client lists, quote logs, operational workflows, pricing information, and the contents of any Deliverable, regardless of whether it is marked confidential.
8.2 Obligations
Each party agrees to:
- Hold the other party's Confidential Information in strict confidence;
- Use Confidential Information only for the purposes of the engagement;
- Not disclose Confidential Information to any third party without prior written consent, except to advisors who are bound by equivalent confidentiality obligations; and
- Take all reasonable steps to protect Confidential Information from unauthorised disclosure.
8.3 Exceptions
Confidentiality obligations do not apply to information that: (a) is or becomes publicly known through no breach of these Terms; (b) was lawfully known to the recipient before disclosure; (c) is independently developed by the recipient without use of the disclosing party's information; or (d) is required to be disclosed by law, court order, or regulatory authority (in which case the disclosing party must notify the other party promptly where legally permissible).
8.4 Duration
Confidentiality obligations survive termination of the engagement for a period of three (3) years.
9. Data and Privacy
9.1 The collection, use, and handling of personal information by ARCTEK is governed by our Privacy Policy (available at the Privacy Policy on this website) and the Data Processing Agreement executed as part of the onboarding process.
9.2 You represent and warrant that any personal information you provide to ARCTEK is provided lawfully and that you hold all necessary consents and authorities to share that information.
9.3 ARCTEK will not access your live CRM, email accounts, estimating software, or internal systems directly. All data is provided by you in a format of your choosing.
9.4 In the event of a suspected data breach, ARCTEK will notify you within 72 hours of becoming aware of the breach and will cooperate with you in any required regulatory notifications.
10. Exclusions and Scope Limits
The following are expressly excluded from the Services and ARCTEK accepts no liability in respect of:
- The accuracy of any quote or estimate produced by your estimators;
- The outcome of any sales or business development activity you undertake;
- The performance, reliability, or suitability of any third-party software or platform we recommend or that you elect to use;
- Any decision made by you or your team based on information provided through the Services;
- Delays, errors, or losses caused by your failure to provide accurate or timely information;
- Results achieved following conclusion of the pilot where ARCTEK is no longer engaged; and
- Force majeure events as described in clause 16.5.
11. Warranties and Disclaimers
11.1 ARCTEK's Warranties
ARCTEK warrants that: (a) it has the right and authority to enter into these Terms and deliver the Services; (b) the Services will be provided with reasonable care and skill; and (c) it will comply with applicable laws in connection with the delivery of Services.
11.2 No Guarantee of Results
IMPORTANT — No Revenue Guarantee
ARCTEK does not warrant or guarantee any particular financial outcome, revenue increase, job win rate, or return on investment from the Services. The Services are designed to improve visibility and process discipline in your pre-construction pipeline. Business outcomes depend on many factors outside ARCTEK's control, including market conditions, your team's engagement, the quality of your quotes, and client decisions. Any projections or estimates of "Value-at-Risk" are indicative only and do not constitute financial advice or a guarantee of recoverable revenue.
11.3 Australian Consumer Law
Our Services come with guarantees that cannot be excluded under the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law). For services, you are entitled to have the services supplied with due care and skill; fit for any particular purpose you have made known to us; and supplied within a reasonable time. Nothing in these Terms purports to exclude, restrict, or modify any right, remedy, guarantee, or warranty to which you are entitled under the Australian Consumer Law.
11.4 Other Warranties Excluded
To the maximum extent permitted by law, all warranties, representations, and conditions not expressly stated in these Terms or the Australian Consumer Law are excluded.
12. Limitation of Liability
12.1 To the maximum extent permitted by law, ARCTEK's total aggregate liability to you for all claims arising out of or in connection with the Services (whether in contract, tort including negligence, statute, or otherwise) is limited to the total fees paid by you to ARCTEK in the three (3) months immediately preceding the event giving rise to the claim.
12.2 To the maximum extent permitted by law, ARCTEK is not liable to you for: (a) indirect, consequential, special, or punitive loss or damage; (b) loss of revenue, profits, anticipated savings, business, or opportunity; (c) loss or corruption of data; or (d) damage to goodwill or reputation — in each case even if ARCTEK was advised of the possibility of such loss.
12.3 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot be excluded by law.
12.4 Where the Australian Consumer Law applies to a failure to comply with a consumer guarantee and our liability is permitted to be limited, we limit our liability (at our election) to: re-supplying the Services; or paying the cost of re-supplying the Services.
13. Indemnity
You agree to indemnify and hold harmless ARCTEK, its officers, employees, and contractors from and against any claims, losses, damages, costs (including legal costs on a full indemnity basis), and expenses arising out of or in connection with:
- Your breach of these Terms or the Pilot Agreement;
- Your breach of any applicable law;
- Any data or information you provide that infringes the rights of a third party or is provided without proper authority; or
- Any claim by a third party arising from your use of the Deliverables.
14. Term and Termination
14.1 Term
The engagement commences on the date specified in the Pilot Agreement and continues for the agreed pilot period (typically 30 days), unless earlier terminated in accordance with this clause.
14.2 Termination for Convenience
Either party may terminate the engagement by providing 7 days' written notice to the other party. In the event of termination by you for convenience: fees for Services delivered up to the termination date are payable in full; the deposit (where applicable) is non-refundable; ARCTEK will deliver all Deliverables completed as at the termination date.
14.3 Termination for Cause
Either party may terminate the engagement immediately on written notice if the other party: materially breaches these Terms and fails to remedy that breach within 10 Business Days of written notice requiring remedy; becomes insolvent, enters administration, receivership, or liquidation; or engages in conduct that is unlawful, fraudulent, or causes harm to the other party.
In the event of termination by ARCTEK for your cause, all outstanding fees become immediately due and payable.
14.4 Survival
Clauses 7, 8, 9, 12, 13, and 16 survive termination of the engagement.
15. Dispute Resolution
15.1 In the event of a dispute arising under or in connection with these Terms or the Pilot Agreement, the parties agree to first attempt resolution through good faith negotiation, commencing within 10 Business Days of written notice of the dispute.
15.2 If good faith negotiation fails to resolve the dispute within 30 days (or such longer period as agreed), either party may refer the dispute to mediation administered by the Resolution Institute (or a mutually agreed mediator) before commencing court proceedings.
15.3 Nothing in this clause prevents either party from seeking urgent interlocutory or injunctive relief from a court.
16. General Provisions
16.1 Governing Law
These Terms are governed by the laws of Western Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia and the Federal Court of Australia.
16.2 Entire Agreement
These Terms, the Pilot Agreement, the Privacy Policy, and the Data Processing Agreement constitute the entire agreement between the parties in respect of the engagement and supersede all prior representations, communications, and agreements.
16.3 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be severed to the minimum extent necessary and the remaining provisions will continue in full force.
16.4 Waiver
A failure by either party to exercise any right under these Terms does not constitute a waiver of that right.
16.5 Force Majeure
Neither party is liable for any delay or failure to perform obligations under these Terms where that delay or failure is caused by circumstances beyond that party's reasonable control, including acts of God, natural disasters, pandemic, government action, or telecommunications failure. The affected party must notify the other promptly and take all reasonable steps to mitigate the impact.
16.6 Subcontracting
ARCTEK may engage subcontractors to assist in delivering the Services, provided that ARCTEK remains responsible for the performance of all subcontractors and ensures they are bound by equivalent confidentiality and data protection obligations.
16.7 Assignment
Neither party may assign any rights or obligations under these Terms without the prior written consent of the other party (not to be unreasonably withheld). ARCTEK may assign these Terms in connection with a business sale or transfer.
16.8 Notices
All notices must be in writing and delivered by email (with confirmation of receipt) or by post to the addresses specified in the Pilot Agreement. Notices by email are taken to be received on the next Business Day following transmission.
16.9 Relationship of the Parties
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship between the parties.
17. Contact
For any enquiries regarding these Terms:
Cameron Baker | ARCTEK | hello@arcteksystems.com.au | 0418 961 596 | Perth, WA