Terms of service
1. Preamble and Acceptance
This document constitutes a legally binding agreement between BG AudioVisual (BGAV) and the Client. Engagement of services—including but not limited to the acceptance of a quotation, payment of a deposit, issuance of a purchase order, or authorisation to commence works—signifies the Client’s unconditional acceptance of these terms. These conditions govern all system design, procurement, integration, installation, programming, commissioning, and advisory services provided by BGAV, superseding any terms supplied by the Client.
2. Quotations, Pricing, and Intellectual Property
All quotations, system designs, schematic drawings, pricing structures, and scopes of work provided by BGAV are commercial-in-confidence and remain the exclusive intellectual property of BGAV. The Client agrees not to disclose, distribute, or provide these documents to any third party—including competing contractors or service providers—without express written consent from BGAV.
Quotations are valid for 14 days from the date of issue. BGAV reserves the right to adjust quoting and contract pricing prior to handover in the event of manufacturer price increases, fluctuations in foreign exchange rates, or unexpected increases in material costs.
3. Defined Scope of Works and Variations
BGAV shall provide professional Audio-Visual (AV) services as strictly specified in the approved Quotation or Scope of Works (SOW). The scope is limited to the hardware, software, and labour hours explicitly enumerated in the relevant documentation.
Any additions, adjustments, or modifications requested by the Client or required due to unforeseen site conditions must be documented in writing as a Variation. Variations will result in adjustments to the contract price, invoiced at BGAV’s prevailing standard hourly rates plus material costs, and may extend the estimated completion date. BGAV is under no obligation to execute variations until written authorisation is received.
4. Verification of Design and Functional Suitability
BGAV provides system design recommendations based on architectural data, site layouts, and functional objectives disclosed by the Client. It is the Client’s sole responsibility to verify that the proposed system and technology meet their specific operational expectations, space constraints, and business goals prior to approval.
BGAV warrants that the system will perform to the technical specifications outlined in the SOW. However, BGAV is not liable for the Client’s subjective satisfaction with user interfaces, custom control layouts, or third-party platform features. By authorising a project, the Client warrants that they have independently deemed the specified equipment fit for their intended purpose.
5. Third-Party Hardware and Software Integration
The Client acknowledges that BGAV integrates third-party hardware, software, firmware, and cloud services that remain outside the direct control of BGAV.
Licensing and Accounts: The Client is solely responsible for ensuring all required third-party software licenses, cloud subscriptions, network accounts, and software-as-a-service (SaaS) platforms are active, funded, and configured prior to installation.
Continuity and Compatibility: BGAV does not guarantee the perpetual compatibility of integrations. Future changes to third-party Application Programming Interfaces (APIs), forced firmware updates, or service discontinuations that impact system functionality are entirely beyond the control of BGAV.
Remediation: Any labour required by BGAV to troubleshoot, re-program, or restore system functionality due to third-party updates, modifications, or hardware faults shall be treated as a Variation and charged at BGAV’s prevailing hourly rates.
6. Network, Infrastructure, and Cyber Security
For systems requiring network connectivity, the Client must provide a robust, stable, and compatible network environment, including functional internet connections and configured network switches where required. BGAV is not liable for system underperformance, drops in communication, or complete system failure resulting from network instability, bandwidth limitations, or firewall restrictions managed by the Client or their third-party IT providers.
While BGAV follows industry best practices for secure network configuration, the Client acknowledges that BGAV is not a dedicated cybersecurity service provider. BGAV accepts no liability for any unauthorised access, data breaches, malware infections, or malicious activity occurring on the Client’s network.
7. Client-Supplied Equipment and Existing Infrastructure
Where BGAV is required to integrate equipment or interface with infrastructure provided by the Client or a third party, BGAV accepts no liability for the condition, performance, compatibility, or safety of such hardware.
If Client-supplied equipment is found to be defective, incompatible, or unsuitable during installation, the Client remains liable for all labour costs incurred by BGAV while attempting integration. The Client agrees to indemnify BGAV against any damage caused to the site, project timelines, or BGAV-supplied equipment resulting from the failure or electrical fault of Client-provided hardware.
8. System Scheduling, Project Timelines, and Contingencies
BGAV provides estimated timelines and completion schedules as a guide only and does not guarantee strict delivery dates. BGAV shall not be held liable for any costs, penalties, financial losses, or damages resulting from delays in project delivery, whether caused by equipment lead times, manufacturer shortages, transport delays, adverse weather, technical complexities, or on-site delays caused by other building trades.
Clients are strictly advised not to schedule events, commercial bookings, or critical operational activities that rely on the new equipment until the system has been officially commissioned, tested, and formally handed over by BGAV. Any bookings or commitments made by the Client prior to successful commissioning are done so entirely at the Client's own risk and financial liability.
9. Media Consent and Promotional Rights
By engaging the services of BGAV, the Client grants BGAV a non-exclusive, royalty-free, perpetual licence to capture and utilise photographs and video recordings of the installation, integrated equipment, and work site for promotional purposes. This includes use on the company website, social media profiles, portfolios, and other marketing materials.
BGAV will make reasonable efforts to ensure that sensitive personal data or proprietary commercial data is not visible in any published media. If the Client requires strict non-disclosure for a specific site, this must be requested and agreed upon in writing prior to the commencement of works.
10. Practical Completion, Handover, and Acceptance
A project is deemed Practically Complete when the system is operational and fit for its primary intended use, notwithstanding minor omissions, aesthetic defects, or back-ordered minor components that do not substantially affect day-to-day functionality.
The act of making final payment for any invoice related to a project, or the regular operational use of the system by the Client, signifies formal acceptance of the works as Practically Complete, satisfactory, and compliant with the agreed scope.
11. Warranty and Service Limits
BGAV provides a 12-month warranty on installation workmanship and custom termination cabling from the date of Practical Completion. All hardware is covered exclusively by the respective manufacturer’s warranty.
While BGAV will assist in facilitating manufacturer warranty claims, standard service fees, travel costs, and hourly labour rates apply for the office administration, on-site troubleshooting, removal, transport, and subsequent re-installation of hardware under manufacturer warranty. Urgent or after-hours call-outs outside of standard business hours will incur premium rates.
12. Site Readiness, Infrastructure Exclusions, and Access
The Client must ensure the site is fully prepared, clean, and accessible according to the agreed schedule. Unless explicitly itemised as a costed line item within the approved SOW, BGAV strictly excludes the following infrastructure works and installation costs, which remain the sole operational and financial responsibility of the Client:
Primary 240V mains power provisioning, electrical containment, or the installation of dedicated electrical outlets at equipment locations.
Structural telecommunications data points, structural Category network cabling, patch panels, active network switch configuration, or specific data outlets.
The procurement, transport, hiring fees, site delivery, licensing, and operation of elevated work platforms, scissor lifts, boom lifts, scaffolding, or specialised material hoists required for installation heights exceeding standard step-ladder access.
Civil structural works, core drilling, structural wall reinforcement, wall bracing, framing, plastering, patching, painting, or any aesthetic or structural rectification required to restore building surfaces post-penetration or mounting.
The Client is responsible for ensuring the installation environment remains within the manufacturer’s specified operating parameters for temperature, humidity, dust control, and ventilation. BGAV is not liable for system failures caused by environmental factors, including heat exhaustion, moisture ingress, or lack of ventilation.
If BGAV encounters hidden structural obstacles, hazardous materials such as asbestos, or inadequate wall bracing during installation, works may be suspended immediately at the Client’s expense until the site is made safe and compliant by the Client.
13. Site Delays and Interrupted Access
BGAV reserves technical labour allocations based on the agreed project schedule and the assumption of unhindered access to the work site. If BGAV technicians face project delays, are locked out of the premises, or are forced to suspend installation activities due to the incomplete preparation of the site, scheduling conflicts, or the actions of other building trades, principal contractors, or the Client’s own personnel, the Client shall be held liable for standing-time costs. All such delays will be formally documented and invoiced to the Client as a Variation at BGAV’s prevailing standard hourly labour rates, and any estimated project completion or milestone dates will be extended accordingly.
14. Payment, Title Retention, and Debt Recovery
Legal and equitable ownership of all equipment, hardware, and components supplied by BGAV remains strictly with BGAV until the total contract price, including any approved variations, is paid in full.
Risk of loss, theft, or damage passes to the Client immediately upon delivery of the equipment to the site or Client premises. The Client must ensure all equipment is covered by their commercial insurance policy from the moment of delivery.
For any balance remaining unpaid 30 days or more after the due date, a late fee of two percent per month, calculated daily, will be applied. The Client agrees to indemnify BGAV for all costs incurred in recovering outstanding payments, including legal fees on a full indemnity basis, debt collection agency commissions, and court costs.
15. Intellectual Property, Source Code, and Non-Solicitation
BGAV retains all intellectual property rights, ownership, and copyright to all custom control programming, digital signal processor (DSP) configurations, user interface designs, and uncompiled source code generated for the project. Upon final payment, the Client is granted a non-exclusive, site-specific license to use the compiled software solely for the operational lifecycle of that specific installation. Source code will not be released to the Client unless expressly agreed upon in a separate written intellectual property agreement.
The Client agrees not to solicit, employ, induce away, or contract any employee or subcontractor of BGAV for a period of twelve months following the completion of any project without the prior written consent and payment of a placement fee to BGAV.
16. Limitation of Liability
To the maximum extent permitted by law, including the Australian Consumer Law, BGAV’s total liability for any claim, breach, negligence, or indemnity arising out of this agreement is strictly limited to, at BGAV's option, either the resupply of the services or the cost of having the services supplied again.
Under no circumstances shall BGAV be liable for any indirect, incidental, special, or consequential losses, including but not limited to loss of business revenue, loss of profits, commercial operational downtime, loss of data, or damage to business reputation.
17. Dispute Resolution and Venue
The parties agree to attempt to resolve any dispute, difference, or claim arising out of this agreement through good-faith executive negotiation. If the matter remains unresolved within 14 days of written notice of a dispute, the parties must refer the dispute to a neutral mediator registered in Queensland before initiating any litigation or formal legal proceedings. The costs of mediation shall be shared equally between the parties.
18. Jurisdiction
This agreement, its interpretation, and any legal proceedings arising from it are governed exclusively by the laws of the State of Queensland, Australia. The parties submit to the exclusive jurisdiction of the courts of Queensland.
Website Terms of Use
Introduction
These Terms of Use govern your access to and use of the BG AudioVisual (BGAV) website. By accessing, browsing, or using this site, you agree to be bound by these terms and any additional conditions appearing on specific sections of the website. These terms are governed by the laws of Queensland, Australia.
Content and Professional Disclaimer
Informational Purposes: All content, including technical articles, case studies, opinion pieces, system overviews, and product descriptions, is provided for general informational purposes only. It does not constitute professional engineering advice, formal system design recommendations, or a binding scope of work.
Accuracy: Architectural, network, and AV technical specifications change rapidly. While BGAV strives for accuracy, we do not warrant that the website content is error-free, complete, or current. Technical specifications, compatibility notes, and industry details are subject to change without notice.
No Binding Quotes: Information, pricing estimates, or product configurations shown on this website do not constitute a formal commercial offer or contract. Formal quotations are only valid when issued directly by BGAV management in writing.
Intellectual Property Rights
Ownership: All materials on this website, including text, editorial content, custom graphics, project photographs, corporate logos, system diagrams, and software scripts, are the exclusive property of BGAV and are protected by Australian and international copyright and trademark laws.
Limited License: You are granted a limited, non-exclusive license to view or print content for personal, non-commercial use, or for the sole purpose of evaluating BGAV services for procurement within your organisation.
Restrictions: You are strictly prohibited from reproducing, distributing, modifying, framing, or scraping any material from this website for commercial use, public display, or for the direct benefit of a competing commercial business without express written consent from BGAV.
Limitation of Liability
To the maximum extent permitted by law, including the Australian Consumer Law, BGAV disclaims all liability for loss, expense, or damage arising from your use of or reliance on website content. BGAV does not guarantee that the website, hosting servers, or downloadable files are free from viruses, malware, bugs, or operational interruptions. Our liability for a breach of a non-excludable statutory guarantee is strictly limited to the resupply of the website access or the cost of resupplying the services.
Third-Party Links and External Content
This website may contain hyperlinks to external sites operated by manufacturers, partners, or third parties. These links are provided for convenience only. BGAV does not endorse, monitor, or take responsibility for the content, security, privacy policies, or commercial practices of these external websites.
User Submissions and Privacy
Any information, messages, or project requests sent to BGAV via website contact forms, email links, or file upload portals are handled in accordance with our Privacy Policy. By submitting information, you warrant that the data is accurate, non-confidential, and that you possess the lawful right to provide it.
Prohibited Use of the Site
You must not attempt to breach the security, deface, reverse-engineer, or interfere with the proper operation of this website. You may not use automated bots, spiders, or data-harvesting software to scrape data from this site. Establishing a hyperlink to this website on an external platform requires prior written approval from BGAV management.
Jurisdiction
Any disputes, legal claims, or causes of action arising from the use of or interaction with this website shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia.