Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", or "Client") and Black Fibre Pty Ltd (ABN 93 696 511 985, ACN 696 511 985) ("we", "us", "our", or "Black Fibre"), a company registered in Western Australia.

By accessing our website at blackfibrepty.site, engaging our services, or entering into a service agreement with us, you agree to be bound by these Terms. If you do not agree, you must not use our website or services.

These Terms should be read in conjunction with our Privacy Policy.

2. Definitions

• "Services" means the fibre optic installation, network infrastructure, cabling solutions, internet connectivity, maintenance, consulting, and related telecommunications services provided by Black Fibre.
• "Website" means the website located at blackfibrepty.site and any associated subdomains.
• "Quote" means a written estimate or proposal provided by Black Fibre for the provision of Services.
• "Work" means any labour, materials, equipment, or deliverables provided as part of the Services.

3. Our Services

Black Fibre provides telecommunications and network infrastructure services including, but not limited to:

• Fibre optic cable installation, splicing, and testing
• Structured cabling systems (copper and fibre)
• Network design, deployment, and configuration
• Internet connectivity solutions
• Ongoing maintenance and technical support
• Telecommunications consulting and project management

The specific scope, pricing, and timeline for Services will be set out in a Quote or service agreement provided to you prior to commencement.

4. Quotes and Acceptance

All Quotes provided by Black Fibre are valid for 30 days from the date of issue unless otherwise stated. Quotes are estimates only and the final cost may vary based on site conditions, scope changes, or unforeseen circumstances.

A Quote is accepted when the Client provides written confirmation (including email) or signs the service agreement. Upon acceptance, the Quote forms part of these Terms.

Any variations to the agreed scope of work must be agreed in writing by both parties. Additional work outside the original scope may incur additional charges.

5. Payment Terms

Unless otherwise agreed in writing:

• A deposit may be required before work commences, as specified in the Quote
• Invoices are payable within 14 days of the invoice date
• All prices are quoted in Australian Dollars (AUD) and are exclusive of GST unless stated otherwise
• Late payments may incur interest at the rate of 2% per month on the outstanding balance
• We reserve the right to suspend or cease work if payments are overdue

6. Client Obligations

The Client agrees to:

• Provide safe and reasonable access to the work site
• Obtain any necessary permits, approvals, or permissions required for the work
• Provide accurate and complete information relevant to the Services
• Make timely decisions and provide approvals to avoid project delays
• Ensure the work site is free from hazards and compliant with workplace health and safety requirements
• Pay invoices in accordance with the agreed payment terms

7. Warranties

Black Fibre warrants that:

• Services will be performed with due care and skill in accordance with accepted industry standards
• Materials supplied by Black Fibre will be of reasonable quality and fit for purpose
• Work will comply with applicable Australian standards and regulations

Warranty periods for workmanship and materials will be specified in the Quote or service agreement. Warranties do not cover damage caused by misuse, unauthorised modification, third-party interference, natural disasters, or normal wear and tear.

Nothing in these Terms excludes or limits any guarantees, rights, or remedies that apply under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) and which cannot be excluded by agreement.

8. Limitation of Liability

To the maximum extent permitted by law:

• Black Fibre's total liability for any claim arising from or related to the Services is limited to the total amount paid by the Client for the specific Services giving rise to the claim
• Black Fibre is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, business opportunities, or goodwill
• Black Fibre is not liable for delays, interruptions, or failures caused by circumstances beyond our reasonable control, including force majeure events

9. Indemnification

The Client agrees to indemnify and hold harmless Black Fibre, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or related to the Client's breach of these Terms, misuse of the Services, or any negligent or wrongful act by the Client or its agents.

10. Intellectual Property

All intellectual property rights in our website content, branding, documentation, designs, and proprietary methodologies remain the property of Black Fibre.

You may not reproduce, distribute, modify, or create derivative works from any content on our website without our prior written consent.

11. Website Use

When using our website, you agree not to:

• Use the website for any unlawful purpose
• Attempt to gain unauthorised access to any part of the website or its systems
• Introduce viruses, malware, or other harmful code
• Scrape, data mine, or use automated tools to extract content
• Interfere with the proper functioning of the website

The information on our website is provided for general informational purposes only and does not constitute professional advice. While we endeavour to keep the information current, we make no warranties about the completeness, reliability, or accuracy of the content.

12. Termination

Either party may terminate a service agreement by providing written notice in accordance with the terms of that agreement. In the event of termination:

• The Client must pay for all Services performed and materials supplied up to the date of termination
• Black Fibre may charge reasonable cancellation or restocking fees as outlined in the Quote
• Any outstanding obligations of either party survive termination

Black Fibre may terminate or suspend Services immediately if the Client breaches any material term of these Terms or fails to make payment when due.

13. Force Majeure

Black Fibre is not liable for any delay or failure to perform its obligations if the delay or failure results from events beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, supply chain disruptions, power failures, telecommunications outages, industrial disputes, or acts of war or terrorism.

14. Dispute Resolution

In the event of a dispute arising out of or relating to these Terms or the Services:

• The parties will first attempt to resolve the dispute through good faith negotiation
• If the dispute is not resolved within 14 days, the parties agree to participate in mediation administered by an independent mediator agreed upon by both parties
• If mediation fails, either party may pursue legal remedies through the courts of Western Australia

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Western Australia and the Commonwealth of Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of Western Australia and any courts entitled to hear appeals from those courts.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

17. Entire Agreement

These Terms, together with any Quote, service agreement, and our Privacy Policy, constitute the entire agreement between you and Black Fibre with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, representations, or understandings, whether written or oral.

18. Amendments

Black Fibre reserves the right to amend these Terms at any time. Updated Terms will be posted on this page with a revised "Last updated" date. Continued use of our website or Services after any changes constitutes acceptance of the updated Terms.

19. Contact Us

For questions or concerns regarding these Terms, please contact: