Terms of Service

These Terms of Service (“Terms”) are between neoBIM (“neoBIM”, “we”, “us”, “our”) and the person or entity engaging our services or using our website (“Client”, “you”).

By submitting a project enquiry, accepting a written quotation, or engaging neoBIM for any services, you agree to be bound by these Terms. If you do not agree, do not use our website or engage our services.

These Terms apply in addition to any specific terms agreed in writing for a particular project engagement. Where there is any inconsistency, the specific written terms of the project engagement prevail to the extent of the inconsistency.

neoBIM provides BIM and digital engineering services to clients across Australia, including:

• Architectural, Structural, and MEP BIM Modelling (Autodesk Revit)
• Scan-to-BIM and Point Cloud Processing
• Revit Family Creation
• Clash Detection and Multi-Discipline Coordination
• As-Built BIM Modelling
• Asset Information Management (AIM) and COBie Deliverables
• BIM Consultancy, BEP Preparation, and ISO 19650 Advisory
• 3D Laser Scanning (available in NSW, VIC, and QLD)

The specific scope of services, deliverables, timeline, and fees for each project are defined in a written quotation or project brief agreed between neoBIM and the Client.

• All quotations provided by neoBIM are valid for 30 days from the date of issue, unless otherwise stated in writing.
• A project engagement is confirmed when the Client provides written acceptance of a quotation (by email or signed document).
• neoBIM reserves the right to decline any enquiry at its absolute discretion and without obligation to provide reasons.
• All prices in quotations are in Australian Dollars (AUD) and are exclusive of GST unless expressly stated otherwise. GST will be applied to all invoices in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
• Quotations are based on the information provided by the Client at the time of enquiry. Material changes to project scope, design documentation, or requirements may result in a revised quotation.

• Fees are as specified in the accepted quotation for each engagement.
• Unless otherwise agreed in writing, a deposit may be required before work commences. The deposit amount will be stated in the quotation.
• Progress and final invoices are issued in accordance with the agreed payment schedule or, where no schedule is agreed, upon delivery of the relevant deliverables.
• Invoices are due and payable within 14 days of the invoice date, unless otherwise agreed in writing.
• Late payments attract interest at the rate of 1.5% per month compounding on the overdue amount, calculated from the due date until the date of payment.
• neoBIM may suspend delivery of services or withhold deliverables if invoices remain unpaid beyond their due date. neoBIM is not liable for any loss or delay arising from such suspension.
• The Client is responsible for any bank charges, currency conversion fees, or third-party transaction costs associated with payment.

Ownership of deliverables: Upon receipt of full payment of all fees for an engagement, neoBIM grants the Client a non-exclusive, perpetual licence to use the specific deliverables produced under that engagement for the purposes set out in the project scope.

neoBIM's underlying IP: neoBIM retains all intellectual property rights in its proprietary templates, workflows, methodologies, tools, scripts, reusable content, and any pre-existing materials used in producing the deliverables. Nothing in these Terms transfers ownership of neoBIM's underlying IP to the Client.

Until full payment: All deliverables remain the intellectual property of neoBIM until full payment is received. The Client must not use, distribute, or reproduce deliverables prior to full payment being made.

Client materials: The Client warrants that any design documents, drawings, specifications, BIM models, or other materials provided to neoBIM do not infringe the intellectual property rights of any third party, and the Client indemnifies neoBIM against any claim arising from such infringement.

Portfolio use: Unless the Client specifically requests otherwise in writing, neoBIM may reference the project type and scope (without disclosing confidential details) in its portfolio, website, and marketing materials.

Each party agrees to keep confidential all information received from the other party that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure (“Confidential Information”).

Confidential Information includes, but is not limited to: project design documentation, drawings, specifications, business plans, pricing, client lists, and technical data.

The confidentiality obligation does not apply to information that:

• Is or becomes publicly available other than through a breach of this clause;
• Was already lawfully known to the receiving party before disclosure;
• Is independently developed by the receiving party without reference to the Confidential Information; or
• Is required to be disclosed by law, court order, or a regulatory authority, provided that the disclosing party gives the other party as much notice as reasonably practicable before making the disclosure.

Confidentiality obligations under this clause survive the termination of an engagement for a period of five (5) years.

To enable neoBIM to deliver services effectively, the Client agrees to:

• Provide accurate, complete, and timely source information, documentation, and design files required for the project;
• Review and provide feedback on submitted deliverables within the timeframes agreed in the project schedule;
• Notify neoBIM promptly of any changes to project requirements, scope, or design intent;
• Obtain all necessary authorisations, licences, or consents required for neoBIM to use materials provided by the Client;
• Ensure a suitable point of contact is available for communications during the project; and
• Pay invoices in accordance with the agreed payment terms.

Delays, additional costs, or variations to the agreed timeline caused by the Client's failure to meet these obligations are not the responsibility of neoBIM. neoBIM may issue a revised timeline or additional fees where such delays materially affect the project.

Where revisions are included as part of an engagement (as specified in the quotation), those revisions apply to work within the agreed project scope and deliverable specifications.

Revision requests that fall outside the agreed scope, or that arise from changes to design intent after modelling has commenced, may be treated as a scope variation and may attract additional fees at neoBIM's quoted rate for that engagement.

All scope changes must be agreed in writing before additional work is commenced. neoBIM will provide a written variation notice for any change that affects price or timeline.

neoBIM warrants that:

• Services will be performed with reasonable care and skill by personnel with appropriate professional competence;
• Deliverables will materially conform to the agreed scope, specifications, and LOD as set out in the accepted quotation; and
• neoBIM has the right to enter into these Terms and to provide the services.

The Client warrants that:

• It has the legal authority to enter into these Terms and to engage neoBIM for the stated services;
• All information, documents, and materials provided to neoBIM are accurate and complete to the best of the Client's knowledge; and
• Use of Client-provided materials by neoBIM will not infringe any third party's rights.

These warranties are in addition to any non-excludable guarantees under the Australian Consumer Law (see Section 10).

Nothing in these Terms is intended to exclude, restrict, or modify any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (“ACL”) that cannot lawfully be excluded or restricted.

Under the ACL, consumers have certain statutory guarantees regarding services, including that services will be provided with due care and skill, will be fit for any disclosed purpose, and will be delivered within a reasonable time where no time is fixed.

Nothing in these Terms is intended to mislead or deceive in contravention of the ACL, and nothing prevents the Client from exercising any rights available under the ACL.

To the maximum extent permitted by law (and subject to Section 10 regarding the Australian Consumer Law):

• neoBIM's total aggregate liability to the Client arising out of or in connection with any engagement is limited to the total fees paid by the Client to neoBIM under that specific engagement;
• neoBIM is not liable for any indirect, consequential, incidental, punitive, or special loss or damage, including loss of profits, revenue, data, business opportunity, goodwill, or anticipated savings, whether arising in contract, tort (including negligence), statute, or otherwise, even if neoBIM has been advised of the possibility of such loss; and
• neoBIM is not liable for any loss arising from the Client's use of deliverables for purposes outside the agreed project scope, or for decisions made by the Client or third parties based on deliverables.

BIM deliverables are produced to assist with design coordination and documentation. The Client is responsible for engaging appropriately qualified professionals (architects, structural engineers, building designers, etc.) to review and certify all design outputs before use in construction or regulatory submissions. neoBIM's deliverables do not constitute engineering certification, architectural sign-off, or regulatory approval.

Termination for breach: Either party may terminate an engagement by providing written notice if the other party materially breaches these Terms (or the specific engagement terms) and fails to remedy that breach within 14 days of receiving written notice specifying the breach.

Termination for insolvency: Either party may terminate immediately by written notice if the other party becomes insolvent, bankrupt, enters into voluntary administration, receivership, or any analogous process.

Client termination for convenience: The Client may terminate an engagement by giving at least 14 days written notice, subject to payment of all fees for services performed and costs reasonably incurred up to the date of termination, including any commitments already entered into by neoBIM in connection with the engagement.

Effect of termination: Upon termination, all outstanding invoices become immediately due and payable. Completed deliverables will be released to the Client upon receipt of full payment. Partially completed deliverables may be released at neoBIM's discretion subject to payment for work completed to date.

Clauses 5 (Intellectual Property), 6 (Confidentiality), 10 (Australian Consumer Law), and 11 (Limitation of Liability) survive termination of any engagement.

This website is provided for informational purposes only. While we take reasonable care to ensure the accuracy of information on this site, neoBIM makes no warranty or representation regarding the accuracy, completeness, or currency of website content.

neoBIM is not liable for any loss arising from reliance on website content, any interruption to website availability, or any unauthorised access to or alteration of website content.

Links to third-party websites are provided for convenience only. neoBIM does not endorse third-party websites and is not responsible for their content, privacy practices, or availability.

These Terms, and any dispute, claim, or matter arising out of or in connection with these Terms or any engagement with neoBIM, are governed by the laws of New South Wales, Australia.

Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales and any courts of appeal from them.

Before commencing legal proceedings, the parties agree to make a genuine and reasonable attempt to resolve any dispute through direct negotiation. If a dispute cannot be resolved through negotiation, either party may refer it to mediation before the Australian Disputes Centre or a mutually agreed mediator.

We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. The current version will always be available at www.neoBIM.com.au/terms.html.

For ongoing project engagements, the Terms in effect at the time the engagement was confirmed apply to that engagement unless both parties agree in writing to the updated Terms.

Continued use of this website after updated Terms are published constitutes acceptance of the updated Terms for website use.

For any questions about these Terms of Service or our services, please contact us: