Last updated: June 2026
By accessing our website or engaging Cenex Pty Ltd (ABN 28 630 572 315) ("Cenex", "we", "us", or "our") for services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services.
These terms apply to all visitors, users, and clients who access or use our services. Where a specific project engagement is subject to a separate written agreement or proposal, the terms of that agreement will prevail to the extent of any inconsistency.
Cenex provides professional engineering consulting services, including but not limited to:
Specific services, deliverables, and terms will be outlined in individual project agreements or proposals.
We perform our services with the degree of skill, care, and diligence reasonably expected of a professional consultancy providing similar services in Australia, having regard to:
Our services are provided by qualified professionals holding certifications and accreditations appropriate to the services performed. Except as expressly stated in a written engagement agreement, nothing in these Terms constitutes a warranty or guarantee of compliance with any particular standard, specification, or pre-qualification scheme.
As a client engaging our services, you agree to:
Unless otherwise agreed in writing:
Unless otherwise specified in a project agreement:
Subject to Section 13 (Australian Consumer Law), and to the maximum extent permitted by law:
Nothing in these terms is intended to exclude, restrict, or modify any rights or remedies you may have under the Competition and Consumer Act 2010 (Cth) that cannot be excluded, restricted, or modified by agreement.
While we strive to provide accurate and reliable services:
Our deliverables — including estimates, reports, reviews, and other documents — are prepared solely for the use and benefit of the client named in the relevant engagement, and solely for the purpose stated in that engagement. Unless we expressly agree otherwise in writing:
Our website includes educational guides, articles, and reference material (including guides relating to the Project Cost Estimating Manual (PCEM), AACE International recommended practices, quantity surveying, portfolio management, and risk and contingency). This content:
You agree to indemnify and hold harmless Cenex, its directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:
This indemnity does not extend to claims, losses, damages, liabilities, or expenses to the extent they arise from our breach of these Terms, our negligence, or any unlawful act or omission by us.
Both parties agree to maintain confidentiality of:
Confidentiality obligations survive the termination of any engagement.
Either party may terminate an engagement:
Upon termination, you must pay for all services rendered up to the termination date.
These Terms of Service are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland, Australia, and any courts that may hear appeals from those courts.
Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantee or any right or remedy you may have under the Australian Consumer Law that cannot be excluded, restricted, or modified by agreement.
To the extent that we are entitled to limit our liability under the Australian Consumer Law, our liability for breach of a non-excludable consumer guarantee is limited, at our option, to:
If a dispute arises out of or in connection with these Terms or our services, either party must give written notice to the other setting out the details of the dispute. The parties agree to use their best efforts to resolve the dispute through good faith negotiation within 14 days of the notice.
If the dispute is not resolved through negotiation within 14 days, either party may refer the dispute to mediation administered by the Resolution Institute (or its successor body) in Brisbane, Queensland, in accordance with the Resolution Institute Mediation Rules in effect at the time. The costs of mediation will be shared equally between the parties.
Nothing in this section prevents either party from seeking urgent interlocutory or injunctive relief from a court of competent jurisdiction at any time.
Cenex maintains current professional indemnity and public liability insurance appropriate to the scope of our services. Certificates of currency are available on request.
Neither party will be liable for any delay or failure to perform its obligations under these Terms where the delay or failure results from circumstances beyond that party's reasonable control, including but not limited to natural disasters, acts of government, pandemic, war, terrorism, power or telecommunications failures, cyberattacks, or labour disputes. The affected party must promptly notify the other party and use reasonable efforts to mitigate the impact. If a force majeure event continues for more than 30 consecutive days, either party may terminate the affected engagement by written notice.
You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to a successor entity in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of our assets, provided the assignee agrees to be bound by these Terms.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. A failure or delay by either party to exercise any right, power, or remedy under these Terms does not operate as a waiver of that right, power, or remedy.
Sections 5 (Intellectual Property), 7 (Limitation of Liability), 8 (Disclaimer of Warranties; Reliance and Third Parties), 9 (Indemnification), 10 (Confidentiality), 12 (Governing Law), 13 (Australian Consumer Law), and 14 (Dispute Resolution) survive the termination or expiry of any engagement.
These Terms, together with our Privacy Policy and any written engagement-specific agreement, constitute the entire agreement between you and Cenex regarding your use of our website and services, and supersede all prior agreements, representations, and understandings.
We may update these Terms of Service from time to time. If we make a material change, we will provide at least 30 days' notice before the change takes effect by posting the updated Terms on our website with a new "Last updated" date and, where we hold your contact details in connection with an active engagement, by notifying you directly. Non-material changes (such as clarifications or corrections) may take effect on posting.
If you do not agree to a material change, you may terminate any affected engagement by written notice before the change takes effect, and the previous Terms will continue to apply up to the date of termination. Your continued use of our website or services after a change takes effect constitutes acceptance of the updated Terms. Changes do not apply retrospectively to services already performed.
If you have any questions about these Terms of Service, please contact us at:
Cenex Pty Ltd
ABN 28 630 572 315
Email: hello@cenex.au
Location: Queensland, Australia