Terms of
Service.

By engaging STS Geotechnics — whether through a signed proposal, a purchase order, written instructions, verbal authorisation, or payment of an invoice — you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and any project-specific conditions set out in our Fee Proposal or Service Agreement.

If you engage us on behalf of a company or organisation, you represent that you have the authority to bind that entity. These Terms apply to all engagements, including single-phase investigations, multi-stage projects, ongoing retainer arrangements, and peer review services.

STS Geotechnics provides specialist geotechnical and geoenvironmental engineering services including, but not limited to:

• Geotechnical site investigations and reporting
• Foundation design and analysis
• Slope stability assessment and retaining structure design
• Contamination assessment (Phase 1 & Phase 2 Environmental Site Assessments)
• Pavement investigation and design
• Earthworks and fill material advice
• Expert witness and peer review services
• Construction monitoring and materials testing

The specific scope, deliverables, programme, and fee for each engagement are defined in the relevant Fee Proposal or Service Agreement. Variations to scope must be agreed in writing prior to execution. STS Geotechnics reserves the right to decline any scope of work at our sole discretion.

To enable STS Geotechnics to deliver services effectively and safely, you agree to:

• Access: Provide safe, timely access to the project site and all areas necessary for investigation. Notify us of any hazards, restrictions, or third-party approvals required before fieldwork commences.
• Information: Provide all available and relevant information including site plans, existing reports, service locations, development documentation, and any known site contamination or geotechnical conditions. You warrant that information supplied is accurate to the best of your knowledge.
• Services & Utilities: Arrange for Dial Before You Dig (DBYD) or equivalent underground service location searches and provide those results to us prior to any intrusive investigation works.
• Payment: Pay all invoices within 30 days of issue, unless alternative terms are specified in writing.
• Notification: Promptly notify STS Geotechnics of any change in project scope, site conditions, or programme that may affect our services.

Failure to meet these obligations may result in delays, additional fees, or suspension of services, and STS Geotechnics accepts no liability for consequences arising from information withheld or inaccuracies in client-supplied data.

All reports, drawings, data, specifications, interpretations, models, and other deliverables prepared by STS Geotechnics remain our intellectual property until full payment of all fees and disbursements has been received.

Upon receipt of full payment, we grant the client a non-exclusive, non-transferable licence to use the deliverables solely for the purpose for which they were commissioned. Deliverables must not be reproduced, modified, or used for any other purpose without our prior written consent.

Our reports are prepared for the specific project, purpose, and conditions described therein. Use of our deliverables for any other project or site, or by any third party, is at the sole risk of the user. STS Geotechnics accepts no liability for reliance on our work by parties to whom it was not addressed.

Both parties agree to treat as confidential all non-public information disclosed in connection with an engagement. STS Geotechnics will not disclose client project information to third parties without written consent, except:

• As required by law, regulation, or court order;
• To subcontractors or specialist laboratories engaged to assist with the work, under equivalent confidentiality obligations;
• To our professional indemnity insurer or legal advisors where required;
• Where the information is already in the public domain through no fault of STS Geotechnics.

This obligation survives termination of the engagement for a period of five (5) years.

To the maximum extent permitted by applicable law, STS Geotechnics' total aggregate liability to the client arising out of or in connection with any engagement — whether in contract, tort (including negligence), statute, or otherwise — is limited to the lesser of:

• The total professional fees paid by the client to STS Geotechnics under the relevant engagement; or
• The amount recoverable under STS Geotechnics' professional indemnity insurance policy in respect of that claim.

STS Geotechnics is not liable for any indirect, consequential, special, or punitive loss, including but not limited to loss of revenue, profit, opportunity, or business interruption, even if advised of the possibility of such loss.

Our liability is not limited where such limitation is prohibited by statute, including under the Australian Consumer Law where applicable.

Geotechnical and geoenvironmental investigation involves inherent uncertainty. Subsurface conditions can vary between investigation locations and may differ from conditions encountered during construction. Our reports represent professional interpretations of available data and are not guarantees of actual subsurface conditions across the entire site.

STS Geotechnics provides services with the degree of care and skill ordinarily exercised by competent geotechnical engineers under similar conditions. Beyond this standard of care, we make no warranties — express or implied — regarding the completeness or accuracy of subsurface interpretation, the absence of contamination or hazardous materials not identified during our assessment, or the suitability of any design for conditions not described in our scope.

Either party may terminate an engagement by providing 14 days' written notice. In the event of termination by the client, all fees for work completed to the date of termination, plus reasonable demobilisation costs, are immediately due and payable.

STS Geotechnics may suspend or terminate services immediately and without notice where: (a) the client is in material breach of these Terms and has not remedied the breach within 7 days of written notice; (b) payment is overdue by more than 45 days; or (c) site conditions present an immediate risk to health or safety that the client fails to address.

Upon termination, we will deliver all completed deliverables and field data to the client upon receipt of all outstanding fees.

If a dispute arises in connection with an engagement, the parties agree to first attempt resolution through good-faith negotiation. If unresolved within 20 business days of written notice of dispute, either party may refer the matter to mediation administered by the Resolution Institute or a mutually agreed mediator.

Where mediation does not resolve the dispute within 30 days of appointment of a mediator, either party may pursue any remedy available at law. Nothing in this clause prevents either party from seeking urgent injunctive or interlocutory relief from a court of competent jurisdiction.

These Terms, and all engagements to which they apply, are governed by the laws of Queensland, Australia. Each party submits irrevocably to the non-exclusive jurisdiction of the courts of Queensland and the Federal Court of Australia.

If any provision of these Terms is found to be invalid, unenforceable, or inconsistent with applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

STS Geotechnics reserves the right to update these Terms of Service at any time. Updated Terms will be published on our website and will apply to all engagements instructed after the date of publication. For ongoing engagements, we will provide 14 days' written notice of material changes.

Project-specific terms in a signed Fee Proposal or Service Agreement take precedence over these general Terms to the extent of any inconsistency.

For questions regarding these Terms of Service, or to request a copy in an accessible format, please contact: