Effective date: 22 July 2026 Version: 2.0
1. About these Terms
These Concierge and Procurement Services Terms govern our paid services where we source products, equipment, services or workers on your behalf, or otherwise act as an intermediary in a procurement process.
In these Terms, “AquaNetica”, “we”, “us” and “our” mean AquaNetica Pty Ltd of Level 4, 114 William Street, Melbourne VIC 3000, Australia. “Client” means the person or business engaging us for the Services. “Services” means the concierge, sourcing and procurement services described in clause 2 and in your Engagement. “Engagement” means the written scope, fee and timing we agree with you for a particular piece of work, whether by proposal, order form, quotation or email confirmation. “Third Party Supplier” means any supplier, manufacturer, distributor, contractor, agency or worker we identify, introduce or engage with in connection with the Services.
These Terms form part of our Terms of Service. Where these Terms and the Terms of Service conflict, these Terms prevail for the Services. Where a signed Engagement conflicts with these Terms, the Engagement prevails for the work it covers.
2. What the Services are
2.1 Depending on your Engagement, the Services may include:
(a) understanding your requirement and helping you define a specification;
(b) identifying and approaching potential Third Party Suppliers;
(c) requesting and collating quotations, specifications and lead times;
(d) presenting options with a comparison and our observations;
(e) coordinating communication, samples, site visits or trials;
(f) assisting with the mechanics of an order, delivery or milestone; and
(g) sourcing candidates or workers for a role.
2.2 The Services are a sourcing and coordination service. We are not a purchasing agent with authority to bind you, an engineer, a technical certifier, a customs or freight broker, a recruiter of record, an employer of record, or a financial or legal adviser, unless the Engagement expressly says so.
2.3 We do not take title to goods, do not warrant goods or services supplied by a Third Party Supplier, and do not act as importer, exporter or consignee unless the Engagement expressly says so.
3. How we work
3.1 We will perform the Services with due care and skill, and within the scope and timing set out in the Engagement.
3.2 Timeframes are estimates. They depend on Third Party Suppliers, freight, manufacturing lead times, seasons, permits and other things outside our control.
3.3 We will act in your interests within the scope of the Engagement, and we will disclose to you any commission or other benefit we receive in connection with your Engagement, in accordance with clause 6.
3.4 We may decline to source a particular product, supplier or worker, including where we consider it unlawful, unsafe, non-compliant, or inconsistent with our obligations.
4. Your responsibilities
4.1 You must give us accurate and complete information about your requirement, your site, your regulatory environment, your budget and your timing, and tell us promptly if any of it changes.
4.2 You are responsible for the final specification. Where we assist you to define one, you must have it reviewed by a suitably qualified professional before you commit to a purchase, particularly where it affects animal welfare, human safety, biosecurity, structural or process engineering, or regulatory compliance.
4.3 You are responsible for your own permits, licences, import and export approvals, biosecurity requirements, quarantine obligations, standards compliance and taxes.
4.4 You are responsible for your own decisions. Presenting options to you is not a recommendation that you buy any of them.
4.5 You must respond to requests for information or approval within a reasonable period. Delay on your side may affect timing, availability and price.
5. Contracts with Third Party Suppliers
5.1 Unless the Engagement expressly says otherwise, any contract for the supply of goods, services or labour is between you and the Third Party Supplier. We are not a party to it.
5.2 We do not warrant the existence, quality, safety, legality, compliance, performance, fitness for purpose, delivery or timing of anything supplied by a Third Party Supplier, or that any Third Party Supplier will perform.
5.3 Payment terms, warranties, remedies, retention of title, delivery terms, incoterms and dispute resolution are matters between you and the Third Party Supplier. We recommend you obtain your own contract and, where the value warrants it, your own legal advice.
5.4 Where we handle a payment on your behalf, we do so only as described in the Engagement, only as your agent for that payment, and we accept no liability for the underlying transaction.
5.5 Any dispute with a Third Party Supplier is between you and them. We are not obliged to become involved, and where we assist, that does not make us a party to the dispute.
6. Fees, commissions and disclosure
6.1 Our fees for the Services are set out in the Engagement. They may be a fixed fee, an hourly or day rate, a percentage of the value procured, a success fee, or a combination.
Fees are agreed with you for each Engagement before work begins, and are confirmed in writing in the Engagement.
6.2 We may also receive a commission, margin, rebate or other benefit from a Third Party Supplier in connection with an introduction or transaction. Where we do, we will disclose to you, before you commit, that a benefit is payable and its basis.
6.3 You acknowledge that where we receive a benefit from a Third Party Supplier, we are not independent as between suppliers for that transaction. If you require independent advice, engage an independent adviser.
6.4 Unless stated otherwise, fees are in Australian dollars and exclusive of GST, which is added where applicable. Fees are payable within the period stated in the Engagement or, if none, within 14 days of invoice.
6.5 Costs we incur on your behalf, including freight, samples, testing, travel, translation and third party fees, are payable by you, and we will obtain your approval before incurring them where practical.
6.6 Where a success fee applies, it accrues on the event described in the Engagement, whether or not you subsequently vary, delay or cancel the order, unless the Engagement says otherwise.
7. Circumvention
7.1 Where we introduce you to a Third Party Supplier, candidate or counterparty, you must not, for the purpose of avoiding a fee or commission that would otherwise be payable to us, transact with them outside the Engagement or otherwise circumvent us.
7.2 This applies to the introduced dealing and to substantially the same dealing for twelve months after the introduction.
7.3 If you breach this clause, the fee or commission that would have been payable is payable to us as liquidated damages representing a reasonable pre-estimate of the fee or commission we would otherwise have earned, to the extent permitted by law.
7.4 This clause does not apply to a counterparty you already had a relationship with before the introduction, provided you tell us at the time of the introduction.
8. Confidentiality
8.1 Each party must keep the other’s confidential information confidential and use it only for the Engagement.
8.2 We may disclose your requirement, specification and relevant details to Third Party Suppliers to the extent necessary to perform the Services. Tell us in writing if any part of your requirement is not to be disclosed, or is to be disclosed only under a confidentiality agreement.
8.3 We may refer to the fact of our engagement and the nature of the work in marketing, without identifying you, unless you tell us in writing that you do not consent.
9. Intellectual property
9.1 You retain ownership of the information, drawings and specifications you provide.
9.2 We retain ownership of our templates, methods, comparison frameworks, supplier knowledge and any general know-how, including anything we develop in performing the Services that is not specific to you.
9.3 You may use our deliverables for your own internal business purposes. You must not resell them or provide them to a competitor of ours.
10. No professional advice
The Services do not include veterinary, animal health, biosecurity, engineering, water chemistry, environmental, scientific, financial, taxation, customs or legal advice. Where a decision requires that advice, obtain it from a suitably qualified professional. Any observation we offer about a supplier, product or option is a commercial observation only.
11. Cancellation and variation
11.1 Either party may terminate an Engagement on written notice where the other is in material breach and has not remedied it within 14 days of being asked to.
11.2 You may cancel an Engagement at any time on written notice. You remain liable for fees for work performed and costs committed up to cancellation, and for any fee that has already accrued under clause 6.6.
11.3 Any change of scope must be agreed in writing and may change the fee and timing.
12. Consumer law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified. Where the Services come with a guarantee that cannot be excluded, and they are not of a kind ordinarily acquired for personal, domestic or household use, our liability for failing to comply with that guarantee is limited, at our option, to resupplying the Services or paying the cost of having them resupplied.
13. Liability
13.1 Subject to clause 12, and to the maximum extent permitted by law, we are not liable for any indirect or consequential loss, or for any loss of profit, revenue, savings, production, stock, goodwill or business opportunity, however arising.
13.2 Subject to clause 12, our total aggregate liability in connection with an Engagement is limited to the fees you paid us for that Engagement.
13.3 We are not liable for any act or omission of a Third Party Supplier, or for any loss arising from a contract between you and a Third Party Supplier.
13.4 Our liability is reduced to the extent your acts, omissions or breach contributed to the loss, including a failure to have a specification professionally reviewed under clause 4.2.
14. Indemnity
To the extent permitted by law, you indemnify us and our personnel against any loss, liability, cost or claim arising from your instructions, your specification, your dealings with a Third Party Supplier, your breach of these Terms, or your breach of any law or third party right.
15. Governing law
These Terms are governed by the laws of Victoria, Australia, and clause 19 of our Terms of Service applies to any dispute.
16. Contact
AquaNetica Pty Ltd Level 4, 114 William Street, Melbourne VIC 3000, Australia Concierge and procurement: info@aquanetica.com Legal: info@aquanetica.com
