Sigma Quality Assurance Pty Ltd
Terms and Conditions of Services
Version 1 – May 2026
1. Definitions
Services means audit, assessment, verification, gap analysis, readiness review, internal audit, supplier audit, Secure Local Jobs Code audit, management system audit, and related services described in the Proposal.
Audit Criteria means the standards, codes, requirements or criteria identified in the Proposal, including ISO 9001, ISO 14001, ISO 45001, ISO 27001, Secure Local Jobs Code requirements, client procedures, contractual requirements or other nominated criteria.
Deliverables means audit reports, findings, observations, nonconformities, recommendations, assessments, records, or other documents produced.
Client means the party named in the Proposal or engaging the Consultant or the party reasonably understood by the Consultant to have engaged the Consultant to provide the services.
Consultant means Sigma Quality Assurance Pty Ltd and its directors, employees, contractors, agents and representatives.
2. Scope and Standard of Care
The Consultant will perform the Services with due care and skill and in accordance with generally accepted auditing principles and professional standards applicable in Australia.
Audit Services are limited to assessing evidence against the Audit Criteria and reporting findings based on information available at the time of the audit.
Unless expressly stated, the Consultant does not certify compliance, issue accreditation, provide legal advice, implement systems, or assume operational responsibility.
3. No Warranty or Guarantee
The Consultant does not guarantee compliance, certification outcomes, regulatory approval, or that all issues will be identified.
The Consultant does not warrant or guarantee that:
the Client complies with any law, regulation, code or standard;
the Client will achieve or maintain certification;
the Client will pass any certification audit, regulator review, tender evaluation or government assessment;
the Client will satisfy Secure Local Jobs Code requirements;
all nonconformities, risks or deficiencies will be identified; or
incidents, injuries, enforcement action or compliance failures will not occur.
Audit findings reflect sampled evidence and conditions at the time only.
The Services constitute professional opinions based on evidence sampled during the audit and involve the exercise of professional judgement.
4. Client Responsibilities
The Client must:
provide complete, accurate and timely information;
provide access to personnel, sites, records, systems and documents reasonably required to perform the Services;
maintain and operate its management systems;
implement corrective actions and improvements as appropriate;
ensure compliance with all applicable laws, regulations, standards and contractual obligations;
obtain legal advice where required; and
promptly notify the Consultant of any information relevant to the Services.
The Consultant is entitled to rely on information provided by the Client without independent verification.
The Consultant is not liable for any findings, conclusions or recommendations affected by limitations imposed by the Client on access to information, personnel, sites or records.
5. Assumptions and Reliance
Services are based on information provided and conditions observed at the time. The Consultant is not liable for incomplete or inaccurate information or changes after the audit.
The Consultant is not liable for any loss arising from:
inaccurate, incomplete or misleading information;
information withheld by the Client;
restrictions on access imposed by the Client; or
changes in circumstances occurring after the Services are performed.
6. Audit Sampling and Limitations
Audits use sampling and professional judgement and do not examine every record or activity.
Absence of findings does not mean absence of nonconformity.
7. Certification and Accreditation
The Consultant is not a certification body unless expressly stated. Audits do not constitute certification or approval.
The Client acknowledges that certification or qualification decisions remain solely the responsibility of the relevant certification body or approving authority.
8. Secure Local Jobs Code Audits
Where the Services include Secure Local Jobs Code audits or assessments:
the Consultant's role is limited to assessing available evidence against the applicable requirements;
findings represent the Consultant's professional assessment at the time of the audit;
the Consultant does not guarantee acceptance by any government agency, regulator or approving authority; and
responsibility for compliance remains solely with the Client.
9. Cancellation or Postponement – Short Notice (Audit Services)
If the Client cancels, postpones, or reschedules any scheduled audit within fourteen (14) calendar days of the agreed audit commencement date, the Consultant reserves the right to charge the full audit fee as specified in the Proposal.
This is because, at this stage, the Consultant will have allocated resources, reserved audit time, undertaken planning activities, and may have declined other work in reliance on the confirmed booking.
Any expenses reasonably incurred by the Consultant up to the date of cancellation (including travel, accommodation, or subcontractor costs) will also be payable by the Client.
10. Use and Reliance by Third Parties
Deliverables are for Client use only and no third-party reliance is permitted without written consent.
11. No Control Over Operations
The Consultant does not control operations, personnel, contractors or systems.
12. Independence and Conflicts
The Consultant may decline or terminate services where independence or conflicts arise.
13. Limitation of Liability
Liability is limited to fees paid and excludes indirect or consequential loss including loss of profit, certification, tenders or reputation.
14. Proportionate Liability
Liability is limited to the Consultant’s proportion of responsibility.
15. Indemnity
The Client agrese to fully indemnify, defend, and hold harmless the Consultant, including its directors, employees, agents, and subcontractors, from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees) arising out of or related to any breach of this agreement by the Client, any negligent or wilful act or omission by the Client or its employees, agents, or representatives; or any claims made by third parties related to the services provided under this Agreement. This indemnity obligation shall survive the termination or expiration of this Agreement.
16. Exclusion of Certain Liability
Nothing excludes liability for death or personal injury caused by negligence or where prohibited by law.
17. Time Bar
Claims must be brought within 12 months of completion or termination.
18. Insurance
The Consultant maintains professional indemnity insurance of at least $2,000,000 per claim.
19. Intellectual Property
All audit methodologies and tools remain property of Sigma Quality Assurance Pty Ltd. Client receives licence upon full payment.
20. Confidentiality
Each party must keep confidential all information obtained in connection with the Services and not disclose it except as required by law or with consent.
Confidential Information includes audit reports, business information, records, and sensitive operational data.
Consultant may retain records for compliance, insurance and quality purposes.
Nothing in this Agreement prevents the Consultant from disclosing information where the Consultant reasonably believes disclosure is necessary to:
comply with a legal obligation;
respond to a regulatory investigation;
defend or pursue legal proceedings; or
notify a certification body, accreditation body or government authority of matters where disclosure is required by law or applicable professional obligations.
Obligations survive for 7 years.
21. Information Security Limitations
Unless expressly agreed, the Consultant does not conduct penetration testing, forensic investigation, vulnerability testing or cybersecurity monitoring.
ISO 27001 audit findings are limited to evidence reviewed during the audit.
22. Termination
The Consultant may suspend or terminate the Services immediately if:
o the Client fails to provide required information or cooperation;
o invoices are overdue;
o continuing the Services would expose the Consultant to unacceptable risk; or
o there is a conflict of interest or legal/ethical constraint.
23. Deliverables Disclaimer
Deliverables are not exhaustive, reflect sampled evidence, and do not guarantee compliance or certification.
24. Governing Law
This agreement is governed by the laws of the Australian Capital Territory.
25. Entire Agreement and No Reliance
The agreement constitutes the entire agreement and supersedes prior representations.
26. Variations
Any variation must be agreed in writing. Additional work may be charged at standard rates.
27. Fees, Invoicing and Payment
The Client must pay the fees in accordance with the Proposal. Unless otherwise stated:
o invoices are payable within 14 days;
o fees are exclusive of GST (which is payable in addition).
The Consultant may invoice:
o upfront;
o on a milestone basis; or
o progressively, including for work performed on a time and materials basis.
If any amount is overdue, the Consultant may, without liability:
o suspend the Services; and/or
o withhold Deliverables until payment is received.
The Client is not entitled to:
o set off or deduct any amount from fees; or
o withhold payment due to any dispute,
except to the extent required by law.