THERMA VISION PTY LTD - TERMS AND CONDITIONS

Last Updated: 1st June 2025

Below are the terms and conditions governing the services provided by Therma Vision Pty Ltd. These are divided into four main sections:

1.       Privacy Policy

2.       General Terms & Conditions

3.       Quote Terms & Conditions

4.       Payment Terms & Conditions

1. Privacy Policy

This Privacy Policy outlines how Therma Vision Pty Ltd (ACN 659 465 577) ("we", "us", or "our") collects, uses, discloses, and manages personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

1.1 Collection of Personal Information

We collect and hold personal information that is reasonably necessary for our business functions and the provision of our thermographic survey services. The types of personal information we may collect include:

  • Contact Information: Your name, company name, address, email address, and phone number.

  • Property and Equipment Details: Information and location of the premises and equipment to be surveyed.

  • Financial Information: Client credit card or bank account details for payment processing.

  • Imaging Data: Photographic and thermal images of equipment and surrounding areas, which are the core of our service delivery.

  • Website Usage Information: We may collect non-personally identifiable information about your visit to our website, www.thermavision.com.au including your IP address, browser type, and operating system, through cookies. This helps us improve our website and services.

1.2 How We Collect Personal Information

We collect personal information directly from you when you:

  • Request a quote or book our services.

  • Correspond with us via email, telephone, or our website.

  • Provide information to our technicians on-site. In some cases, we may collect personal information from third parties, such as a project manager or contractor who has engaged our services on your behalf.

1.3 Use and Disclosure of Personal Information

Your personal information is used for the primary purpose for which it was collected, including:

  • Providing you with our thermographic survey services and associated reports.

  • Managing our client relationship, including quoting, invoicing, and payment processing.

  • Responding to your enquiries and providing customer support.

  • Complying with our legal, regulatory, and insurance obligations.

We will not use or disclose your personal information for a secondary purpose unless you consent, it is related to the primary purpose and you would reasonably expect it, or it is required or authorised by Australian law. We do not sell or trade your personal information. We may disclose your information to our employees, authorised contractors, or third-party service providers (e.g., payment gateways) only to the extent necessary for them to assist us in providing our services.

1.4 Data Security and Retention

We take reasonable steps to protect the personal information we hold from misuse, interference, loss, and from unauthorised access, modification, or disclosure. This includes storing information securely in both physical and electronic forms. We retain personal information only for as long as necessary to fulfill the purposes for which it was collected or as required by law.

1.5 Data Breach Notification

In the event of a data breach that is likely to result in serious harm, we will act in accordance with the Notifiable Data Breaches (NDB) scheme under the Privacy Act 1988. We will notify affected individuals and the Office of the Australian Information Commissioner (OAIC) as required.

1.6 Access to and Correction of Personal Information

You have the right to request access to the personal information we hold about you and to request its correction. Please contact us using the details below. We will respond within a reasonable timeframe.

1.7 Complaints

If you believe we have breached the Australian Privacy Principles, please contact us with your concerns. We will investigate your complaint and respond promptly. If you are not satisfied with our response, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC).

1.8 Contact Us

For any privacy-related questions or requests, please contact us at:

  • Therma Vision Pty Ltd

  • Email: admin@thermavision.com.au

  • Phone: 1300 618 533

2. General Terms & Conditions

These terms govern the provision of all thermographic survey services ("Services") by Therma Vision Pty Ltd (ACN 659 465 577) ("we", "us", "our") to you, the client ("you" or "your").

2.1 Scope of Services

  • 2.1.1 We will provide the Services as described in our written Quote. Our services primarily consist of thermographic surveys to identify thermal anomalies in electrical, mechanical, or other specified systems.

  • 2.1.2 Our reports are based on the conditions observed at the specific time of the inspection. We are not liable for any changes, faults, or failures that occur after our inspection is complete.

2.2 Client Obligations

You agree to:

  • 2.2.1 Provide our technicians with safe, clear, and reasonable access to all premises and equipment to be inspected.

  • 2.2.2 Inform us of any known hazards, site-specific safety requirements, or risks prior to our arrival on site.

  • 2.2.3 Ensure all necessary authorisations and permissions are in place for us to perform the Services.

  • 2.2.4 Ensure equipment to be inspected is operating under normal load conditions for an effective survey, where safe and practical to do so.

2.3 Australian Consumer Law (ACL)

Our Services come with guarantees that cannot be excluded under the Australian Consumer Law.

  • 2.3.1 For major failures with the service, you are entitled:

    • to cancel your service contract with us; and

    • to a refund for the unused portion, or to compensation for its reduced value.

  • 2.3.2 You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time.

2.4 Limitation of Liability

This clause is intended to be interpreted in conjunction with and subject to the Australian Consumer Law (ACL) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

2.4.1 Australian Consumer Law Guarantees

Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. These guarantees ensure that the services we provide are:

  • Rendered with due care and skill;

  • Fit for the specific purpose for which they were acquired, as made known by you; and

  • Delivered within a reasonable time.

Nothing in these terms and conditions is intended to exclude, restrict, or modify any of your rights under the ACL.

2.4.2 Major and Minor Failures

For the purposes of the ACL, a "major failure" with our service occurs if:

  • The service has a problem of such a nature that it would have stopped you from acquiring the service if you had known about it;

  • The service is substantially unfit for its common purpose and cannot be easily and within a reasonable time made fit for that purpose; or

  • The service, and any resulting report, is not of such a character or quality that it could reasonably be expected to achieve a particular result that you made known to us.

If a major failure occurs, you are entitled to:

  • Cancel your service contract with us; and

  • A refund for the unused portion of the service, or compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage resulting from a major failure.

For a failure with the service that does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If we fail to do so, you are entitled to have the failure remedied by another provider and to recover all reasonable costs from us, or to cancel the contract.

2.4.3 Limitation of Liability for Non-Major Failures

To the fullest extent permitted by law, where the services are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, and where any breach of a guarantee under the ACL does not constitute a major failure, the liability of Therma Vision Pty Ltd shall be limited, at our discretion, to one of the following: a) Re-supplying the services to you; or b) The payment of the cost of having the services supplied again.

2.4.4 Exclusion of Indirect and Consequential Loss

Subject to our obligations under the ACL for a major failure, and to the maximum extent permitted by law, Therma Vision Pty Ltd will not be liable for any indirect, special, or consequential loss or damage. This includes, but is not limited to:

  • Loss of profit, revenue, or business opportunity;

  • Business interruption;

  • Loss of goodwill or data; or

  • Costs incurred in rectifying any issue identified in our report.

2.4.5 Nature and Scope of Our Reports

You acknowledge that our thermographic reports are prepared based on the conditions of the equipment and premises as "as found" at the specific time of the inspection. Our liability is strictly limited to the accurate reporting of thermal anomalies detectable under the operating conditions at that time. We are not liable for:

  • Any faults, defects, or failures that arise after the inspection is completed;

  • Any issues that were not detectable due to equipment being offline, underloaded, inaccessible, or having critical components obscured from view as per section 3.4; or

  • The interpretation or use of our report by any third party without our prior written consent. Our reports are prepared for your internal use and risk assessment purposes only, and should not be used as a substitute for regular preventative maintenance or professional electrical repair work.

2.5 Intellectual Property

This clause details the ownership and licensing of all intellectual property created during the provision of services by Therma Vision Pty Ltd. It is designed to protect our proprietary methods and work product while providing you with the necessary rights to use the deliverables for your internal purposes.

2.5.1 Ownership of Intellectual Property

All right, title, and interest in any and all Intellectual Property created by Therma Vision Pty Ltd in the course of providing the Services shall be and remain the sole and exclusive property of Therma Vision Pty Ltd. For the avoidance of doubt, this includes, but is not limited to:

·         Thermographic and Digital Images: All thermal and standard visual images, whether in raw or processed format, captured by our technicians.

·         Data and Analysis: All data, measurements, calculations, and analytical findings derived from the thermographic survey.

·         Reports: All preliminary and final reports, including all text, summaries, charts, graphs, layouts, and compilations of images and data.

·         Methodologies and Processes: Any proprietary techniques, procedures, or software used in the capture, analysis, and reporting of thermographic data.

The ownership of this Intellectual Property is retained by Therma Vision Pty Ltd upon its creation and is not transferred to the Client upon payment for the Services.

2.5.2 Grant of Licence to the Client

Upon our receipt of your full and final payment for the Services, Therma Vision Pty Ltd grants you, the Client, a perpetual, non-exclusive, non-transferable, royalty-free licence to use the final report and any accompanying images and data ("the Deliverables") for your internal business, risk management, and insurance purposes only.

This licence permits you to:

Store and reproduce copies of the report for internal record-keeping and distribution to your employees, board members, and direct contractors who have a need to know.

Provide a copy of the report to your insurance provider or broker for the purpose of risk assessment and policy compliance.

Use the findings within the report to undertake and document remedial actions.

2.5.3 Restrictions on Use

The licence granted to you does not permit you to:

Sublicense, sell, lease, or otherwise commercially exploit the Deliverables or any part thereof.

Provide the report or its contents to any third party not directly involved in your internal business operations or insurance compliance without the prior written consent of Therma Vision Pty Ltd.

Use the images, data, or any part of the report in any public-facing material, marketing, advertising, or publication (print or digital) without our express prior written permission.

Alter, edit, or modify the report or images in any way that removes or obscures the Therma Vision Pty Ltd branding, disclaimers, or authorship attribution.

Use the Intellectual Property in a manner that is detrimental to the reputation of Therma Vision Pty Ltd.

2.5.4 Third-Party Reliance

The report is prepared for the sole benefit and use of you, the Client. Therma Vision Pty Ltd disclaims all liability and responsibility for any loss, damage, or claim arising from any reliance on, or use of, the report or its findings by any third party who has not been granted express written permission by us to do so.

2.5.5 Moral Rights

In accordance with the Copyright Act 1968 (Cth), Therma Vision Pty Ltd and its certified thermographers assert their moral rights in the work, including the right of attribution of authorship. You must not engage in any act or omission that would infringe these moral rights. Any permissible use of the report or images must be accompanied by appropriate attribution to Therma Vision Pty Ltd.

2.6 Termination and Cancellation

  • 2.6.1 You may cancel the Services by providing at least 48 hours written notice. If you cancel with less than 48 hours notice, we reserve the right to charge a cancellation fee to cover reasonable costs incurred.

  • 2.6.2 We may terminate this agreement with written notice if you breach a material term, including failure to make payment by the due date.

2.7 Dispute Resolution

If a dispute arises, both parties agree to first attempt to resolve it in good faith through direct negotiation. If the dispute is not resolved within 21 days, either party may refer the matter to mediation administered by the Australian Disputes Centre (ADC).

2.8 General

  • 2.8.1 This agreement is governed by the laws of New South Wales, Australia.

  • 2.8.2 Any variation to this agreement must be in writing and signed by both parties.

  • 2.8.3 This agreement, together with the accepted Quote, constitutes the entire agreement between us.

3. Quote Terms & Conditions

3.1. Scope of Works & Pricing

The primary scope of works involves the thermographic survey of individual components and connections on the low voltage electricity distribution system. A detailed scope of works for our services can be found on our website.

The price detailed in the quote is based on the scope of works, materials, and specifications as explicitly listed. Any work, materials, or services not detailed in the quote are considered excluded. The quoted price is inclusive of Goods and Services Tax (GST) unless stated otherwise.

3.2. Quote Validity

All quotes provided by Therma Vision Pty Ltd are valid for a period of 14 days from the date of issue. After this period, Therma Vision Pty Ltd reserves the right to review, amend, or withdraw the quote.

3. Acceptance of Quote

Acceptance of this quote must be communicated in writing. This can be done by:

  • Replying to the quote email with a clear statement of acceptance (e.g., "I accept this quote").

  • Providing a formal Purchase Order that references the quote number.

  • Signing and returning a printed copy of the quote.

Upon acceptance, this quote, in conjunction with these terms, forms a binding agreement between you (the "Client") and Therma Vision Pty Ltd.

3.4. Survey Conditions & Limitations

To ensure the accuracy and safety of our thermographic surveys, the Client acknowledges and agrees to the following conditions:

  • "As Found" Condition: All inspections of electrical systems are undertaken in their "as found condition" at the time of the survey.

  • Normal Working Load: For an effective thermal assessment, all apparatus being surveyed is required to be operating under its normal working load.

  • Physical Access: Our thermographers will require clear, safe, and uninterrupted physical access to all equipment and systems to be tested.

  • Survey Limitations: We cannot survey equipment that:

    • Is interlocked without a bypass mechanism.

    • Cannot be opened safely whilst under load.

    • Has critical components obscured by plastic, acrylic covers, or other barriers.

  • Time of Survey: Our survey and subsequent report can only document anomalies present and visible at the specific time of the inspection.

  • WHS Reporting: Our thermographers will report on any immediate Work Health and Safety (WHS) or significant physical (non-thermographic) issues identified as a matter of due diligence during the survey.

3.5. Standards, Qualifications & Reporting

Therma Vision Pty Ltd is committed to the highest industry standards.

  • Certified Professionals: Work will be undertaken by AINDT (Australian Institute for Non-Destructive Testing) Third Party Certified Level II Electrical Specialist Thermographers, who are trained to AS18436-7.

  • Reporting Standards: Reports are prepared in accordance with ISO AS18434-1, listing all equipment surveyed and inspected, and detailing any thermal anomalies identified.

  • Insurance Requirements: The Client acknowledges that undertaking a professional thermographic survey under these conditions may be a compulsory requirement by your Insurance Broker or underwriter for risk mitigation and policy compliance.

3.6. Variations

Should you require any changes or additions to the scope of works after the quote has been accepted, a variation to the agreement will be required. All variations will be documented in writing, priced accordingly, and must be approved in writing by both the Client and Therma Vision Pty Ltd before the additional work commences.

3.7. Payment Terms

  • Deposit: A deposit may be required before work commences. If a deposit is applicable, the amount and due date will be clearly stated on the quote.

  • Invoicing: Upon completion of the works and delivery of the report, an invoice will be issued.

  • Payment: All invoices are due for payment within 21 days from the invoice date, as per our standard Payment Terms and Conditions which will be attached to the invoice.

3.8. Cancellation

If the Client cancels this agreement after the quote has been formally accepted, Therma Vision Pty Ltd reserves the right to charge for any costs incurred up to the point of cancellation. This may include, but is not limited to, costs for mobilisation, administration, or materials.

3.9. Limitation of Liability

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. To the fullest extent permitted by law, the total liability of Therma Vision Pty Ltd for any loss, damage, or claim arising out of or in connection with our services is limited to the lesser of:

a) Re-supplying the services; or

b) The cost of having the services re-supplied.

Therma Vision Pty Ltd is not liable for any indirect, special, or consequential loss or damage.

3.10. Governing Law

These terms and conditions are governed by the laws of New South Wales, Australia.

4. Payment Terms & Conditions

These terms apply to all invoices issued by Therma Vision Pty Ltd (ACN 659 465 577).

4.1. Payment Due Date

All invoices are strictly due for payment within 21 days from the date of the invoice. The due date is clearly stated on each invoice.

4.2. Accepted Payment Methods

Therma Vision Pty Ltd offers several convenient methods for payment:

  • Direct Debit: Please contact our accounts department to set up a direct debit arrangement.

  • Credit Card (via Stripe): Secure online payments can be made using Visa, Mastercard, or American Express through our Stripe payment gateway. A link will be provided on your electronic invoice.

  • Apple Pay & Google Pay (via Stripe): For your convenience, we also accept payments made through Apple Pay and Google Pay, accessible via the payment link on your electronic invoice.

Please note that payment processing fees may be applicable for credit card transactions and will be clearly indicated at the time of payment.

4.3. How to Make a Payment

A secure payment link will be included on all electronic invoices. Simply click the link to be directed to our secure payment portal where you can choose your preferred payment method. For assistance with payments, please contact our accounts department at accounts@thermavision.com.au.

4.4. Late Payments

Failure to make payment by the due date will be considered a breach of our payment terms. Therma Vision Pty Ltd reserves the right to take the following actions in the event of overdue accounts:

  • Interest on Overdue Invoices: We may charge interest on any outstanding amount at a rate of 2.5% per month, calculated daily from the due date until the date of full payment.

  • Suspension of Services: We reserve the right to suspend any further supply of goods or services until the outstanding amount, including any accrued interest, is paid in full.

  • Administration Fee: An administration fee of $50.00 may be charged on any account that is more than 30 days overdue.

4.5. Debt Recovery

In the event that an invoice remains unpaid for a period of 60 days or more, Therma Vision Pty Ltd may engage the services of a debt collection agency. All costs and commissions incurred in the collection of the overdue debt, including but not limited to, the fees of the debt collection agency and any legal fees, will be payable by you.

4.6. Disputes

Should you have a genuine dispute regarding any part of an invoice, please contact our accounts department in writing within seven (7) days of the invoice date. We will investigate the dispute and work with you to find a resolution. Payment for the undisputed portion of the invoice must still be made by the due date.

4.7. Goods and Services Tax (GST)

All prices quoted and invoiced are inclusive of GST, unless otherwise stated.

 

By engaging the services of Therma Vision Pty Ltd, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.