Terms of Service

1. Acceptance of Terms

By accessing and using the website fykengineeringpty.online ("Website") and/or engaging the services of FYK Engineering Pty Ltd (ABN 93 696 598 240, ACN 696 598 240) ("FYK Engineering", "we", "our", "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree with these Terms, please do not use our Website or engage our services.

These Terms constitute a legally binding agreement between you ("Client", "you", "your") and FYK Engineering. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting on this Website.

2. About FYK Engineering

FYK Engineering Pty Ltd is a proprietary limited company registered in Australia, providing structural, civil, and mechanical engineering services, project management, and design consultancy. Our registered address is Rivervale, Western Australia 6103.

3. Services

FYK Engineering provides a range of professional engineering services including but not limited to:

• Structural engineering design and analysis
• Civil engineering and infrastructure design
• Mechanical engineering services
• Project management and coordination
• Design consultancy and feasibility studies
• Engineering consulting, peer reviews, and compliance advice

The specific scope, deliverables, and terms of any engineering engagement will be defined in a separate written agreement, proposal, or contract between FYK Engineering and the Client.

4. Engagement and Scope of Work

All engineering services are provided subject to a formal engagement agreement between FYK Engineering and the Client. The scope of work, fees, timelines, and deliverables will be detailed in a written proposal or contract. No work shall commence until the engagement terms have been agreed upon in writing by both parties. Any variations to the scope of work must be agreed in writing and may result in adjustments to fees and timelines.

5. Fees and Payment

Fees for our services will be set out in the applicable engagement agreement or proposal. Unless otherwise specified:

• All fees are quoted in Australian Dollars (AUD) and are exclusive of GST unless stated otherwise
• Payment terms are 14 days from the date of invoice unless otherwise agreed in writing
• We reserve the right to charge interest on overdue accounts at a rate of 2% per month
• FYK Engineering may suspend services if invoices remain unpaid beyond the agreed payment terms
• Disbursements and out-of-pocket expenses incurred on behalf of the Client will be charged at cost

6. Client Obligations

The Client agrees to:

• Provide accurate, complete, and timely information necessary for the delivery of services
• Ensure that all information provided to FYK Engineering is lawfully obtained and does not infringe third-party rights
• Obtain all necessary approvals, permits, and consents required for the project
• Make payments in accordance with the agreed terms
• Promptly review and provide feedback on deliverables within agreed timeframes
• Comply with all relevant laws, regulations, and standards applicable to the project

7. Intellectual Property

All intellectual property created by FYK Engineering in the course of providing services, including designs, drawings, calculations, reports, and documentation, remains the property of FYK Engineering until full payment has been received. Upon full payment, the Client is granted a non-exclusive licence to use the deliverables for the specific purpose for which they were commissioned. FYK Engineering retains the right to use the work for portfolio, reference, and promotional purposes, subject to any confidentiality obligations.

8. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the engagement. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law. Confidentiality obligations survive the termination of the engagement.

9. Limitation of Liability

To the maximum extent permitted by law:

• FYK Engineering's total liability to the Client for any claim arising out of or in connection with our services shall not exceed the total fees paid by the Client for the relevant engagement
• FYK Engineering shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, or business interruption
• FYK Engineering shall not be liable for any delays, losses, or damages arising from the Client's failure to provide accurate information, timely instructions, or necessary approvals
• Nothing in these Terms excludes or limits liability that cannot be legally excluded or limited under Australian law, including liability under the Australian Consumer Law

10. Professional Standards

FYK Engineering will perform all services with the degree of skill, care, and diligence reasonably expected of a competent engineering professional. Our services are provided in accordance with applicable Australian Standards, the National Construction Code (NCC), and relevant state and territory legislation. FYK Engineering maintains appropriate professional indemnity insurance.

11. Termination

Either party may terminate an engagement by providing 14 days' written notice to the other party. FYK Engineering may terminate an engagement immediately if:

• The Client fails to make payment within 30 days of the due date
• The Client is in material breach of these Terms or the engagement agreement
• Continuing the engagement would require FYK Engineering to act contrary to professional or legal obligations

Upon termination, the Client shall pay for all services rendered and expenses incurred up to the date of termination.

12. Force Majeure

Neither party shall be liable for any failure or delay in performing obligations where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to natural disasters, pandemics, government actions, war, terrorism, strikes, or infrastructure failures.

13. Website Use

By using this Website, you agree that:

• The content on this Website is provided for general information purposes only and does not constitute professional engineering advice
• You will not use the Website for any unlawful purpose or in a way that could damage, disable, or impair the Website
• You will not attempt to gain unauthorised access to any part of the Website or its systems
• The information on this Website may not be complete, accurate, or current, and we are under no obligation to update it
• We reserve the right to modify, suspend, or discontinue any part of the Website at any time without notice

14. Indemnification

The Client agrees to indemnify and hold harmless FYK Engineering, its directors, employees, and agents from and against any claims, losses, damages, liabilities, and expenses (including legal costs) arising from or in connection with the Client's breach of these Terms, misuse of our services or deliverables, or any third-party claims resulting from the Client's actions or omissions.

15. Dispute Resolution

In the event of a dispute arising out of or in connection with these Terms or any engagement, the parties agree to first attempt to resolve the dispute through good faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, the parties agree to submit the dispute to mediation in Perth, Western Australia, before initiating any legal proceedings. This clause does not prevent either party from seeking urgent injunctive relief.

16. 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. Both parties submit to the exclusive jurisdiction of the courts of Western Australia and any courts that may hear appeals from those courts.

17. Severability

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

18. Entire Agreement

These Terms, together with any applicable engagement agreement, proposal, or contract, constitute the entire agreement between the parties relating to the subject matter herein and supersede all prior discussions, representations, and agreements.

19. Contact Information

For any questions regarding these Terms of Service, please contact us: