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Terms of Service

Last updated: June 2026

Terms of Service
Last updated June 2026
2026 In Force
01Acceptance of Terms
02Service Description
03Professional Standards
04Intellectual Property
05Limitation of Liability
06Governing Law
07Changes & Disputes

1. Acceptance of Terms

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.

2. Services Description

Cenex provides professional engineering consulting services, including but not limited to:

  • Cost estimating and quantity surveying
  • Constructability audits and reviews
  • Contracts and commercial management
  • Planning and scheduling
  • Risk modelling and analysis
  • Traffic management design
  • Civil and construction engineering consulting

Specific services, deliverables, and terms will be outlined in individual project agreements or proposals.

3. Professional Standards

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:

  • The Professional Engineers Act 2002 (Qld) and RPEQ requirements, where applicable to the services
  • The standards and specifications of the relevant client or road authority applicable to the engagement
  • Relevant Australian Standards and recognised industry practice

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.

4. Client Responsibilities

As a client engaging our services, you agree to:

  • Provide accurate and complete information necessary for us to perform our services
  • Grant timely access to project sites, documents, and personnel as required
  • Review and respond to deliverables within agreed timeframes
  • Pay for services in accordance with agreed terms
  • Maintain confidentiality of any proprietary information we provide
  • Comply with all applicable laws and regulations

5. Intellectual Property

Unless otherwise agreed in writing:

  • All intellectual property created by Cenex prior to or independently of client engagements remains the property of Cenex
  • Deliverables created specifically for a client project become the client's property upon full payment
  • Cenex retains the right to use general knowledge, skills, and experience gained during engagements
  • Our methodologies, templates, and proprietary tools remain our intellectual property

6. Fees and Payment

Unless otherwise specified in a project agreement:

  • Fees will be quoted in Australian Dollars (AUD)
  • Payment terms are 14 days from invoice date
  • Late payments may incur interest at the rate prescribed by law
  • We reserve the right to suspend services for overdue accounts
  • All fees are exclusive of GST unless stated otherwise

7. Limitation of Liability

Subject to Section 13 (Australian Consumer Law), and to the maximum extent permitted by law:

  • Our total aggregate liability for all claims arising from or in connection with an engagement — whether in contract, tort (including negligence), under statute, or otherwise — is limited to the fees paid to Cenex for the services giving rise to the claim, unless a different limit is expressly agreed in a written engagement agreement
  • We are not liable for indirect, consequential, or special damages including loss of profits, revenue, or business opportunities
  • Our liability is reduced proportionately to the extent that any loss or damage is caused or contributed to by you or by any third party, including where it arises from inaccurate, incomplete, or misleading information or documents provided to us
  • To the extent permitted by law, any claim against us must be notified to us in writing within 12 months after you first became aware, or ought reasonably to have become aware, of the facts giving rise to the claim
  • We are not liable for delays or failures caused by circumstances beyond our reasonable control (see Section 16 — Force Majeure)

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.

8. Disclaimer of Warranties; Reliance and Third Parties

While we strive to provide accurate and reliable services:

  • Our cost estimates and projections are professional opinions of probable cost based on the information available at the time they are prepared. They are not guarantees, quotations, or predictions of actual cost, and actual costs may differ due to market conditions, scope changes, procurement outcomes, and other factors outside our control
  • Estimates are subject to the accuracy range appropriate to their estimate class and the stated assumptions, exclusions, and qualifications
  • We do not guarantee specific project outcomes or results
  • Our advice is provided for the specific purpose stated and should not be relied upon for other purposes
  • Website content is provided for general information purposes only

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:

  • We do not owe, assume, or accept any duty of care or other liability to any person other than our client
  • No third party may rely on any deliverable, and we accept no responsibility or liability for any loss suffered by a third party who does so
  • Deliverables must not be provided to, or relied upon by, any third party without our prior written consent, which may be conditioned on that third party agreeing to appropriate reliance terms

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:

  • Is provided for general information and educational purposes only, and does not constitute engineering, quantity surveying, cost estimating, financial, legal, or other professional advice
  • Must not be relied upon for any project, commercial, or investment decision without advice from an appropriately qualified professional engaged for that purpose
  • Does not create any professional relationship, engagement, or duty of care between you and Cenex
  • May summarise or reference standards, manuals, and publications owned by third parties — including the Queensland Department of Transport and Main Roads (TMR), AACE International, and Standards Australia — whose intellectual property remains their own. Cenex is not affiliated with, or endorsed by, those organisations, and you should consult the official, current versions of their publications
  • May become outdated, and we do not warrant that it is accurate, complete, or current

9. Indemnification

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:

  • Your breach of these Terms of Service
  • Your misuse of our services or deliverables
  • Any third-party claims related to your use of our services, including any third party's reliance on a deliverable disclosed in breach of Section 8
  • Your violation of any applicable laws or regulations

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.

10. Confidentiality

Both parties agree to maintain confidentiality of:

  • Proprietary business information
  • Project details and documentation
  • Financial information and pricing
  • Any information marked as confidential

Confidentiality obligations survive the termination of any engagement.

11. Termination

Either party may terminate an engagement:

  • By mutual written agreement
  • For material breach, if not remedied within 14 days of written notice
  • Immediately if the other party becomes insolvent or enters administration

Upon termination, you must pay for all services rendered up to the termination date.

12. Governing Law and Jurisdiction

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.

13. Australian Consumer Law

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:

  • Supplying the services again; or
  • Payment of the cost of having the services supplied again.

14. Dispute Resolution

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.

15. Professional Indemnity Insurance

Cenex maintains current professional indemnity and public liability insurance appropriate to the scope of our services. Certificates of currency are available on request.

16. Force Majeure

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.

17. Assignment

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.

18. Severability and No Waiver

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.

19. Survival

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.

20. Entire Agreement

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.

21. Changes to Terms

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.

22. Contact Information

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

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