1. About the Website
Welcome to msq.org.au (Website). The Website provides information about Manufacturing Skills Queensland (MSQ), an independent body established to build a sustainably skilled workforce for a future-proofed manufacturing industry. (Services).
The Website is operated by Manufacturing Skills Queensland (MSQ)(ACN ). Access to and use of the Website, or any of its associated Products or Services, is provided by Manufacturing Skills Queensland (MSQ). Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
Manufacturing Skills Queensland (MSQ) reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Manufacturing Skills Queensland (MSQ) updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Manufacturing Skills Queensland (MSQ) in the user interface.
3. Copyright and Intellectual Property
The Website, the content and all of the related products of Manufacturing Skills Queensland (MSQ) are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by Manufacturing Skills Queensland (MSQ) or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Manufacturing Skills Queensland (MSQ), who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
use the Website pursuant to the Terms;
copy and store the Website and the material contained in the Website in your device’s cache memory; and
print pages from the Website for your own personal and non-commercial use.
Manufacturing Skills Queensland (MSQ) does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Manufacturing Skills Queensland (MSQ).
Manufacturing Skills Queensland (MSQ) retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
You may not, without the prior written permission of Manufacturing Skills Queensland (MSQ) and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
4. Privacy
Manufacturing Skills Queensland (MSQ) takes your privacy seriously and any information provided through your use of the Website and/or content are subject to Manufacturing Skills Queensland (MSQ)’s Privacy Policy, which is available on the Website.
5. General Disclaimer
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause 5, and to the extent permitted by law:
all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
Manufacturing Skills Queensland (MSQ) will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Manufacturing Skills Queensland (MSQ) make any express or implied representation or warranty about the content or any products or content (including the products or content of Manufacturing Skills Queensland (MSQ)) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);
costs incurred as a result of you using the Website, the content or any of the products of Manufacturing Skills Queensland (MSQ); and
the content or operation in respect to links which are provided for your convenience.
6. Limitation of liability
Manufacturing Skills Queensland (MSQ)’s total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
You expressly understand and agree that Manufacturing Skills Queensland (MSQ), its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
You acknowledge and agree that Manufacturing Skills Queensland (MSQ) holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.
7. Termination of Contract
If you want to terminate the Terms, you may do so by providing Manufacturing Skills Queensland (MSQ) with 28 days’ notice of your intention to terminate by sending notice of your intention to terminate to Manufacturing Skills Queensland (MSQ) via the ‘Contact Us’ link on our homepage.
Manufacturing Skills Queensland (MSQ) may at any time, terminate the Terms with you if:
you have breached any provision of the Terms or intend to breach any provision;
Manufacturing Skills Queensland (MSQ) is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
Manufacturing Skills Queensland (MSQ) is required to do so by law;
the provision of the Services to you by Manufacturing Skills Queensland (MSQ), is in the opinion of Manufacturing Skills Queensland (MSQ), no longer commercially viable.
Subject to local applicable laws, Manufacturing Skills Queensland (MSQ) reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Manufacturing Skills Queensland (MSQ)’s name or reputation or violates the rights of those of another party.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Manufacturing Skills Queensland (MSQ) have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
8. Indemnity
You agree to indemnify Manufacturing Skills Queensland (MSQ), its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
any breach of the Terms.
9. Dispute Resolution
9.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
9.2. Notice:
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
9.3. Resolution:
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Queensland Law Society or his or her nominee;
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
The mediation will be held in Brisbane, Australia.
9.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
9.5. Termination of Mediation:
If 1 months has have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
10. Venue and Jurisdiction
The Services offered by Manufacturing Skills Queensland (MSQ) is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
11. Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
12. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
13. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Interpretation
These RFQ Conditions may be used where the Customer is seeking offers to enter a Contract.
RFQ process
Supplier acceptance
By participating in the RFQ Process, the Supplier accepts these Conditions.
By submitting an offer, the Supplier offers to enter a Contract with the Customer under which for Goods, Services and Deliverables and acknowledges that the Customer may accept the offer during the Offer Validity Period.
Customer discretion
The Customer may make any changes to the RFQ Process in its absolute discretion. This may include:
(a) adding the terms and conditions applicable to the RFQ Process, including terms of the RFQ Conditions and/or proposed Contract.
(b) adding or changing Requirements.
(c) amending dates including extending the Closing date and time.
(d) amending the evaluation criteria stipulated in the RFQ and/or
(e) cancelling the RFQ Process.
Without limitation, the Customer may, during the RFQ Process:
(a) consider, accept, or reject an offer received after the Closing date and time.
(b) consider, accept, or reject non-Conforming Offers, alternative or innovative offers, offers in part, or multiple offers.
(c) obtain information about the Supplier relevant to the evaluation criteria that may be held by any Government Department or Instrumentality and take the information into account in assessing the offer.
(d) conduct checks on the Supplier with others.
(e) reject any or all offers.
(f) accept an offer that did not progress through all phases of the evaluation process.
(g) amend the evaluation criteria stipulated in the RFQ document.
(h) exercise discretion in evaluating any subjective evaluation criteria.
(i) negotiate with one or more Suppliers and allow any Supplier to vary its offer.
(j) interview, negotiate or hold discussions with any Supplier on any matter contained (or proposed to be contained) in an offer to the exclusion of others.
(k) request some or all Suppliers to conduct site visits, provide references and additional information, and/or make themselves available for panel interviews.
(l) change the terms and conditions applicable to the RFQ Process, including terms of the proposed Contract; or
(m) conduct checks on the Supplier or request the Supplier to substantiate to the Customer’s satisfaction information supplied by the Supplier during the RFQ Process.
The Supplier will not make any claim in connection with a decision by the Customer to exercise or not to exercise any of its rights in relation to the RFQ Process.
Contract structure
The Suppliers attention is drawn to the fact that the Customer reserves the right, at any time during the term of any Contract established as a result of this RFQ Process to:
(a) engage other suppliers for the supply of the Goods, Services, and other Deliverables the same or similar to the deliverables and
(b) enter into Contracts with other suppliers for the supply of Goods, Services and Deliverables, notwithstanding that the other suppliers did not participate in the RFQ Process, for any reason, including if the Customer considers it is necessary or desirable to comply with government policy regarding diversity in supply chains, the achievement of social objectives or in the interest of public health and safety.
Statistical and other relevant data
Statistical and other relevant data provided in this RFQ Process is not to be construed as a guarantee for providing any business whatsoever by the Customer. The Supplier shall make no claim for anticipated profit or for loss of profit because of any difference between the data provided to assist Suppliers in compiling an offer and the volume of goods or services actually required by the Customer and so provided by the Supplier during the period of the Contract.
No process contracts
The conduct of the RFQ Process does not give rise to any legal or equitable relationship. A Supplier will not be entitled to claim compensation or loss from the Customer for any matter arising out of the RFQ Process, including but not limited to any failure by the Customer to comply with these RFQ Conditions.
Alternative and/or innovative offers
The MSQ’s Procurement Policy promotes an outcome focussed approach, seeking opportunities to innovate and improve value for money. Suppliers are encouraged to submit alternative and/or innovative offers where they believe that the alternative will promote the Customer’s objectives.
No reliance on information
The Supplier is responsible for making its own investigation and assessment about all matters relevant to the process, the Requirements, the accuracy of all information and documents provided by or on behalf of the Customer, and all other matters relevant to the Supplier’s offer.
Supplier cost
Participation in the RFQ Process is at the Supplier’s cost. The Customer is not required to pay compensation to the Supplier in relation to the RFQ Process in any circumstances, for any reason.
Subject to contract
No Contract will be formed between the Customer and the Supplier unless and until a contract is established.
Compliance
The Supplier must:
(a) (communication) direct all inquiries relating to the RFQ to the Customer’s contact person, and not discuss this RFQ Process with any other person except as required to prepare its offer.
(b) (laws) comply with all Laws, including the Disability Discrimination Act 1992 (Cth), the Human Rights Act 2019 (Qld), Modern Slavery Act 2018 (Cth) and all Acts referenced in the Ethical Supplier Threshold and ensure that the Supplier’s actions do not cause the Customer to breach any Laws.
(c) (confidentiality) keep confidential all Confidential Information which it obtains as part of the RFQ Process, not use it except for the purpose of responding to the RFQ, and not disclose it except to its Personnel on a need-to-know basis for the purpose of responding to the RFQ, or with the Customer’s consent, or to the extent required by Law, or to its professional advisors.
(d) (privacy) if it collects or has access to any Personal Information in connection with the RFQ Process, comply as if it was the Customer with the privacy principles in the Information Privacy Act or the Australian Privacy Principles in the Privacy Act, as applicable, in relation to that Personal Information, and comply with all reasonable directions of the Customer relating to the Personal Information.
(e) (no publicity) not make any public announcements or advertisement relating to the RFQ Process.
(f) (competitive neutrality) if the Supplier is a government owned business, local government, or Commonwealth, State or Territory or authority, price its offer to comply with the competitive neutrality principles of the Supplier’s jurisdiction.
(g) (personnel) ensure that its Personnel also comply with these requirements.
(h) (insurances) if required in Part B: One Off – Contract Details or Short Form Contract Details, the Supplier is to provide relevant and current insurance certificates with their offer. If requested after the closing date for offers, the Supplier is required to provide relevant and current insurance certificates within five (5) Business Days of the request from the Customer unless otherwise indicated by the Customer.
Warranties
Anti-competitive conduct
The Supplier warrants that neither it, nor its Personnel have engaged in, or will engage in, any collusive, anti-competitive or similar conduct in connection with the RFQ Process, or any actual or potential Contract with any entity for goods and services similar to the Goods and Services.
Conflict of interest
The Supplier warrants that neither it nor its Personnel have or are likely to have a Conflict of Interest in connection with this RFQ Process, except as disclosed in the Supplier’s offer.
The Supplier warrants that it will not, and it will ensure that its Personnel do not, place themselves in a position that may give rise to a Conflict of Interest between the interest of the Customer and the Supplier’s interests during the RFQ Process and the term of any Contract subsequently entered as a result of this RFQ Process.
If during the RFQ Process period, a Conflict of Interest arises, or appears likely to arise, the Supplier must notify the Customer immediately and take such steps to resolve or otherwise deal with the Conflict of Interest to the reasonable satisfaction of the Customer.
Criminal organisation
The Supplier warrants that the Supplier and, to the best of its knowledge and belief having made reasonable enquiries, its Personnel, have not been convicted of an offence under the Criminal Code in the Criminal Code Act 1899 (Qld) where one of the elements of the offence is that the person is a participant in a criminal organisation within the meaning of the Criminal Code.
Accuracy of information
The Supplier warrants that all representations, declarations, statements, information, and documents made or provided by the Supplier (including its representatives) in connection with the RFQ Process (‘Supplier Information’) are complete, accurate, up-to-date, and not misleading in any way.
Warranties are ongoing
The warranties in this section are provided as at the date of the Supplier’s offer to the RFQ Process and on an ongoing basis until the later of the Customer notifying the Supplier that its offer has been rejected and expiry or termination of any Contract entered pursuant to the RFQ Process (“relevant period”).
The Supplier warrants that it will immediately notify the Customer if it becomes aware that any warranty made in this section was inaccurate, incomplete, out of date or misleading in any way when made, or becomes inaccurate, incomplete, out of date or misleading in any way, during the relevant period.
Breach of warranty
In addition to any other remedies available to it under Law or contract, the Customer may, in its absolute discretion (but is not required to), immediately disqualify a Supplier from the RFQ Process, or terminate the Contract with the Supplier which is subsequently entered into as a result of the RFQ Process, where it believes the Supplier has breached any warranty in this clause.
Access and inspection
The Supplier must, on reasonable prior written notice from the Customer, give the Customer reasonable access to the Supplier’s premises and to Supplier documentation, records, and Personnel, to enable the Customer or a third party engaged by the Customer to verify:
(a) the completeness and accuracy of information provided by the Supplier in connection with the RFQ Process; and
(b) the Supplier’s compliance with its obligations under these RFQ Conditions.
Supplier confidential information
The Customer will keep confidential all Confidential Information of the Supplier which it obtains as part of the RFQ Process.
The Customer may use Supplier Confidential Information for the purposes of the RFQ Process.
The Customer may disclose Supplier Confidential Information:
(a) to its Personnel for the purposes of the RFQ Process.
(b) as required under the Right to Information Act 2009 (Qld) or Information Privacy Act.
(c) as required by Law.
1 Formation of Contract
1.1 Requests for bookings for the hire of Facilities at the MCoE may be made online, over the phone, or in-person, and are subject to these Facility Hire Terms & Conditions.
1.2 All booking requests are subject to confirmation in writing by MSQ. MSQ is not obliged to accept any booking requests. Upon confirmation of a booking by MSQ in writing, a legally binding contract is formed between MSQ and the Customer incorporating these Facility Hire Terms & Conditions.
1.3 The person requesting a booking warrants they have authority to bind the Customer.
1.4 MSQ may, from time to time and in its sole discretion, make changes to these Facility Hire Terms & Conditions. MSQ will advise the Customer in writing of any such changes, including when they will take effect. The Customer must comply with such changes or, alternatively, may cancel the hire in accordance with clause24 .
2 Licence
2.1 The hire of any Facilities is a non-exclusive licence only and not a lease.
3 Responsible Person
3.1 The Customer must nominate a responsible person as primary contact and supervisor on site.
4 Permitted Use
4.1 The Customer must only use the Facilities for the purposes approved by MSQ and within the agreed areas and hours.
5 Conduct and Safety
5.1 The Customer must ensure that their invitees, guests, personnel, representatives, employees and contractors using the Facilities (Inviteees) do not interfere with other users of the MCoE and do not engage in any offensive or inappropriate activities or display materials deemed unacceptable by MSQ. The Customer is responsible for maintaining the safety and orderly conduct of all Invitees and must ensure all Invitees sign in and out electronically and vacate the Facilities by the agreed time.
5.2 Any conduct by the Customer or Invitees which is:
(a) offensive, unlawful, or involves inappropriate activities or displaying materials deemed unacceptable by MSQ;
(b) aggressive, threatening, discriminatory or harassing behaviour; or
(c) contrary to requirements under these Facility Hire Terms & Conditions,
will not be tolerated and may result in the immediate termination of the hire.
5.3 The Customer must, and must ensure that all Invitees:
(a) comply with all health and safety directions (including evacuation protocols), signage, and policies issued by MSQ;
(b) comply with all public health orders and all reasonable directions provided by MSQ or MSQ’s employees;
(c) immediately report to MSQ any hazards, incidents, or unsafe conditions at MCoE; and
(d) ensure that noise is kept to acceptable levels and that they do not disturb others at the Facilities or any neighbours.
5.4 The Customer and the Invitees must comply with the Terms of Entry.
6 Minors
6.1 We welcome young people visiting MCoE as part of organised groups or school tours, provided that their attendance is approved by MSQ in advance.
6.2 No person under 16 years of age is permitted at the Facilities at MCoE without adequate adult supervision.
6.3 With respect to Invitees, the Customer is responsible for ensuring:
(a) appropriate adult-to-child supervision ratios are maintained, and that all minors are properly monitored and accounted for throughout their time on site; and
(b) parents/guardians are responsible for their minors’ behaviour and safety.
7 Animals
7.1 Except for assistance animals, no animals are allowed on the premises at MCoE without prior written consent from MSQ.
8 Smoking and vaping
8.1 Smoking and vaping is not permitted anywhere on the MCoE site. This includes in vehicles while on the MCoE campus. Smokers and vapers must leave the property boundary to smoke or vape and select a location that is safe, well-lit at night, and considerate of neighbouring properties and the environment.
9 Food and Drink
9.1 Food and drink are only permitted in designated areas at MCoE unless prior permission is granted by MSQ in writing. Kitchen use must comply with MSQ instructions.
9.2 Where relevant, the Customer will be solely responsible for the management of all food and catering services during the Hire Period, including but not limited to:
(a) proper storage, handling, and disposal of all food items in accordance with health and safety requirements;
(b) removing all food items, packaging, and related waste brought to the Facilities by the Customer or Invitees at the conclusion of the Hire Period; and
(c) ensuring that the kitchen facilities and any areas used for food preparation or consumption are left in a clean and hygienic condition.
9.3 The Customer acknowledges that failure to properly clean and remove food items may result in additional cleaning charges being levied by MSQ, which the Customer agrees to pay upon demand.
9.4 The Customer is welcome to engage third-party catering services for supply at MCoE. However, the management, coordination, and supervision of such catering services will remain the sole responsibility of the Customer. This includes ensuring that all third-party caterers comply with the terms of this Facility Hire Terms & Conditions, all applicable laws and relevant health and safety regulations, and any specific requirements communicated by MSQ. The Customer is also required to ensure the Customer, and/or any contractor the Customer retains services from, hold any and all licences as required by law, and obtain (or if relevant, liaise with MSQ to obtain) any permit as required by law.
9.5 No alcohol may be sold, supplied, or consumed at MCoE without prior written consent from MSQ and a valid liquor licence held by the relevant party selling or otherwise supplying alcohol. . The Customer is responsible for compliance and behaviour management of Invitees.
9.6 Licences and permits must be readily available for inspection from MSQ and by any authorities as circumstances may require.
10 Events
10.1 The Customer may only use the Facilities for Events if specified in MSQ’s booking confirmation and, if specified, for the Event purposes specified in MSQ’s booking confirmation.
10.2 If the Customer hosts or organises an Event at the MCoE, the Customer is responsible for ensuring:
(a) that all Event Contractors hold all required licences and permits, and public liability insurance of at least $20 million per claim and in the aggregate, or a lesser amount agreed by MSQ in writing. If requested by MSQ, the Customer must promptly provide MSQ with a copy of any required licences and permits and a certificate of currency for the insurance required under this clause;
(b) the Customer at its own cost engages security personnel as reasonably appropriate for the Event, or as directed by MSQ;
(c) the Event does not create hazards or unreasonable risks; and
(d) the Event is terminated or suspended upon request by MSQ if MSQ, acting reasonably, informs the Customer that there is a risk to the safety of any attendees at the Event.
10.3 If alcoholic beverages are provided at an Event at MCoE organised by the Customer, the Customer must ensure:
(a) alcohol is only served by qualified persons in accordance with responsible service of alcohol requirements;
(b) no alcohol is supplied to minors or unduly intoxicated persons;
(c) the service of alcoholic beverages is terminated if safety, compliance or responsible service obligations are at risk or if directed to do so by MSQ.
10.4 BYO alcohol is prohibited at Events unless expressly approved in writing by MSQ and permitted by law.
10.5 You must comply with any directions or requests from MSQ with respect to the marketing or advertisement of an Event. You must not state or imply in any marketing or advertisement material that the Event is organised, sponsored or endorsed by MSQ.
10.6 If MSQ receives a complaint in relation to the Event, you must immediately provide MSQ with any information reasonably requested by MSQ with respect to the complaint.
10.7 MSQ may decline to permit an Event proceeding at MCoE at its sole discretion for any reason.
10.8 You acknowledge and agree that the Event will be organised and held at your sole risk and you release MSQ from any liability with respect to the Event.
11 Compliance with Laws
11.1 The Customer must comply with all applicable laws and regulations.
12 Use of Specialist Equipment
12.1 The Customer must ensure that any individuals operating specialist equipment provided at the MCoE as part of the Facilities during the Hire Period hold the appropriate qualifications, licences, or experience required to safely and legally operate such equipment. The Customer acknowledges responsibility for obtaining all necessary approvals, qualifications, licences or permits related to the use of specialist equipment in accordance with applicable laws and regulations.
12.2 The Customer must ensure that operation of any specialist equipment included as part of the Facilities is in accordance with MCoE operating procedures, processes and policies. Where specialist equipment is under the control of the Customer’s nominated operator and the nominated operator does not hold the relevant qualifications or licences or requisite experience or the specialist equipment is not operated according to the operating procedures, the Customer will be liable for any resulting damage including the replacement or repair of the specialist equipment.
13 Third-party Equipment (Bring-your-own)
13.1 The Customer must seek MSQ’s prior approval to bring equipment to the Facilities at MCoE and, this equipment must be safe, compliant with all safety and other applicable standards, tested, and operated only by qualified persons. The Customer is solely responsible for any such equipment, including any loss or damage to such equipment.
14 Cyber Security
14.1 The Customer will:
(a) ensure that any technology, devices, equipment, or systems brought to the Facilities at MCoE are secure, properly maintained with current security updates, free from malware or other malicious code, and do not pose any cybersecurity risk to MSQ’s systems, networks, or data; and
(b) report any security incidents immediately to MSQ.
15 MSQ reserves the right to disconnect any technology that poses a security risk without prior notice.
15.1 The Customer acknowledges that MSQ makes no warranties regarding the security of MSQ’s network infrastructure or Wi-Fi services, and the Customer uses such services at its own risk.
16 Wi-Fi access and Technology
16.1 MSQ provides Wi-Fi access as a courtesy service, and the Customer acknowledges and agrees that availability, speed, and reliability of such service cannot be guaranteed.
16.2 The Customer and its Invitees must not use MSQ’s Wi-Fi services for any unlawful, inappropriate, or excessive bandwidth activities, including but not limited to downloading large files, streaming high-definition content, or accessing prohibited websites. MSQ reserves the right to monitor usage and restrict access accordingly.
16.3 MSQ does not guarantee the availability of technical support in respect of electronics during the Hire Period.
17 Directions from MSQ
17.1 The Customer must promptly comply with all directions and policies issued by MSQ.
18 Access and Security
18.1 Access to the Facilities at MCoE is permitted only during the standard opening hours and the agreed Hire Period. Any requests for early or late access will be considered on a case-by-case basis and are not guaranteed unless expressly confirmed in writing by MSQ. The Customer must not access the Facilities outside these times without prior approval.
18.2 The Customer:
(a) may only access and use the Facilities during the approved Hire Period, and all other areas at MCoE remain off-limits unless authorised; and
(b) must ensure all Invitees behave safely and comply with MCoE policies.
18.3 The Customer and its Invitees must successfully complete MSQ’s MCoE induction upon entering the site. MSQ retains the right to refuse access to buildings and specialist equipment to any person that has not successfully completed a site induction.
18.4 MSQ retains the right to access to all parts of the Facilities during the Hire Period without notice and to allow other users access, and the Customer must not obstruct or interfere with this right.
18.5 Unless otherwise notified by MSQ, MSQ or its authorised representatives will be responsible for locking and unlocking the premises at the MCoE. Where requested by MSQ, the Customer must secure the Facilities hired upon vacating the premises at the end of the Hire Period.
18.6 MSQ may, at its absolute discretion, refuse admission to the MCoE to any person and may direct any person or persons to leave the MCoE at any time.
18.7 MSQ may decide, in its absolute discretion that a certain hiring purpose requires the engagement of security personnel. The Customer acknowledges that they will be charged an additional fee to cover the cost of security personnel, which will be priced on application and is payable to MSQ in accordance with the agreed payment terms. Security personnel must be provided by MSQ’s preferred supplier.
19 Alterations
19.1 No alterations or additions to the Facilities may be made without prior written consent of MSQ, and any such alterations must be reinstated at the end of the Hire Period at the Customer’s cost.
20 Furniture
20.1 Furniture must not be moved outside the permitted area or removed from the Facilities without consent.
21 Advertising
21.1 No advertising materials may be placed on or in the Facilities without permission.
22 Car parking
Where the Facilities include carparking space at the MCoE, the Customer must ensure proper stewarding and control of the relevant parking areas at its sole cost.
23 Condition of Facilities
23.1 The Customer must maintain the Facilities in a safe and clean condition and leave them clean and tidy at the end of the Hire Period.
23.2 MSQ may decide on a case-by-case basis, to charge additional reasonable costs for cleaning or to remedy any damage caused by the Customer or their Invitees.
23.3 The Customer is responsible for disposing of its own waste and trash in the bins provided throughout the MCoE Facilities. The Customer must remove any leftover food at the end of its use of the Facilities.
23.4 If the Customer wishes to use decorations in the Facilities, it must receive prior written approval from MSQ and ensure:
(a) that the decorations are setup and removed without leaving marks or damage;
(b) that the decorations do not pose a safety risk; and
(c) that no confetti, glitter or similar items are used.
24 Media and Announcements
24.1 No media or public statements regarding MSQ or the MCoE are permitted without prior written consent.
25 Charges and Payment
25.1 Fees are set annually and may be adjusted.
25.2 The minimum Hire Period is a half-day.
25.3 The hire fees payable by the Customer to MSQ for use of the Facilities during a Hire Period will be as advised by MSQ in writing at or prior to the time of confirmation by MSQ of a booking. General information regarding fees will be listed on the MSQ Website.
25.4 A 25% deposit is required for all bookings. Full payment can be made at the time of booking, or the remaining balance must be paid in full at least 10 Business Days before the Hire Period commences.
25.5 Credit card payments may incur an additional surcharge, which will be communicated at the time of payment. Bank transfer details will be provided upon booking confirmation.
25.6 The Customer is responsible for ensuring payment is made by the due date to avoid cancellation or interest.
25.7 If full payment is not received at least 10 business days prior to the commencement of the Hire Payment, MSQ reserves the right to cancel the hire.
25.8 Such cancellation shall be without any obligation to refund the deposit paid, which shall be forfeited by the Customer.
25.9 If requested by MSQ, Customer must pay interest on any amounts due under this contract that are not paid on time at the rate of 10% per annum, compounding monthly, from the due date until the date that payment is made.
26 Cancellation by Customer
26.1 Subject to clause 26.2, the Customer may cancel their booking by providing written notice to MSQ at least ten (10) Business Days prior to the scheduled commencement of the Hire Period. If such notice is received by MSQ within this timeframe, a full refund will be issued. Cancellations received less than ten (10) Business Days prior to the scheduled commencement of the Hire Period, but within five (5) Business Days prior to the scheduled commencement of the Hire Period, a 50% refund will be issued. Where the Customer cancels the booking less than five (5) Business Days prior to the scheduled commencement of the Hire Period, the Customer will not be eligible for any refund.
26.2 If MSQ elects to make changes to these Facility Hire Terms & Conditions and the Customer requests to cancel their booking, the Customer will receive a full refund upon cancellation regardless of the notice period.
27 Cancellation by MSQ
27.1 MSQ reserves the absolute right to cancel any booking by providing written notice to the Customer. In such event, MSQ shall refund all fees paid by the Customer in full and shall have no further liability or obligation to the Customer for any loss, damage, cost, or expense arising directly or indirectly from such cancellation.
28 Risk and Loss
28.1 The Customer occupies and uses the Facilities at its own risk. MSQ accepts no responsibility for any loss of or damage to any property owned by the Customer or any Invitees. Property brought onto the premises by the Customer or the Customer’s Invitees is at the sole risk of the owner, and MSQ shall bear no responsibility for safeguarding such items.
28.2 The Customer will ensure that all Invitees are made aware that they are solely responsible for the security of their personal property.
28.3 The Customer must, upon request by MSQ, complete and provide a risk assessment prior to the commencement of the Hire Period and maintain such risk assessment in a current state throughout the duration of the Hire Period.
28.4 MSQ will not be liable to the Customer for any injury to or death of the Customer or its Invitees, or other third parties, except to the extent caused by MSQ’s negligence or breach of its obligations under these Facility Hire Terms & Conditions. The Customer hereby releases and indemnifies MSQ from all claims, demands, losses, liabilities, actions or proceedings arising from any such loss, damage or injury, except to the extent caused by MSQ’s negligence or breach of its obligations under these Facility Hire Terms & Conditions.
28.5 The Customer will inform MSQ in writing of any injury or loss sustained by any person using the Facilities during the Hire Period within 24 hours of the incident occurring. The Customer must further cooperate with and provide any additional information reasonably requested by MSQ as part of any investigation.
28.6 MSQ will not be liable for any loss or damage suffered by the Customer due to any breakdown of machinery, failure of the supply of electricity, leakage of water, fire, government restriction, strike, industrial relations issue, or Act of God which may cause the Facilities or any part thereof to be temporarily closed or unusable. MSQ may, in its absolute discretion, at any time close or restrict the use of any part of the Facilities and will not be liable to the Customer other than to refund any fee paid for the hire of the relevant part of the Facilities for the relevant period.
28.7 Notwithstanding any provision herein to the contrary, MSQ will not under any circumstances be liable to the Customer for any consequential loss, including but not limited to loss of profits, loss of opportunity, business interruption, loss of goodwill, damage to reputation or increased costs.
28.8 MSQ excludes any implied warranties or statutory guarantees with respect to the Facilities to the extent permitted by law. To the extent that liability cannot be excluded by law but can be limited, MSQ’s liability is so limited.
28.9 MSQ’s total aggregate liability arising out of or in connection with this contract is limited to the total amount actually paid by the Customer to MSQ pursuant to these Facility Hire Terms & Conditions.
29 Breach and Termination
29.1 MSQ may terminate this contract with the Customer for the hire of Facilities immediately for any breaches of these Facility Hire Terms & Conditions without refund.
29.2 Upon termination, the Customer must immediately remove all of its property and leave the Facilities in good condition.
29.3 Breaches of these Facility Hire Terms & Conditions by the Customer’s Invitees will be deemed breaches by the Customer.
30 Indemnity
30.1 The Customer must indemnify and keep indemnified MSQ and its directors, employees, contractors and agents against any claims, loss, damage, costs or liabilities arising from or caused by:
(a) the use by the Customer or its Invitees of the Facilities, except to the extent caused by MSQ’s negligence;
(b) any breach of these Facility Hire Terms & Conditions by the Customer;
(c) any breach of the Terms of Entry by any Invitee of the Customer; or
(d) any negligence of the Customer or its Invitees.
31 Insurance
31.1 The Customer must effect and maintain the following insurances throughout the Hire Period:
(a) Workers’ Compensation insurance – covering its employees;
(b) Public liability insurance on an occurrence basis, for an amount not less than $20 million (or such higher amount as MSQ may reasonably determine) for any one occurrence, covering legal liability for damage to any real or personal property (including of MSQ) and injury to or death of any person; and
(c) any other insurances reasonably required by MSQ for the foreseeable risks associated with the use of the Facilities.
(d) the Customer must produce a certificate of currency for the above insurances to MSQ promptly upon request.
32 Privacy
32.1 The Customer acknowledges and agrees that MSQ may collect personal information about the Customer and its representatives and Invitees.
32.2 Personal information collected by MSQ will be handled in accordance with MSQ’s Privacy Policy and the Privacy Act 1988 (Cth).
32.3 The Customer must obtain all necessary consents from its employees, representatives and Invitees regarding the collection, use, and disclosure of their personal information by MSQ in connection with this Facility Hire Terms & Conditions.
32.4 MSQ may disclose personal information to third parties, including but not limited to the Queensland Government, where required or permitted by law, where necessary for the provision of the Facilities or any services, for reporting or where reasonably necessary to protect MSQ’s legitimate interests, or otherwise in accordance with the MSQ Privacy Policy.
32.5 The Customer acknowledges that MSQ may use security cameras and other monitoring systems at the Facilities for security, incident investigation and safety purposes. The Customer must inform its Invitees of the presence of such monitoring systems.
32.6 The Customer must not install or use any surveillance, recording, or monitoring equipment on the premises at MCoE without MSQ’s prior written consent.
33 Dispute Resolution
33.1 If a dispute arises in relation to this contract or the Facilities (Dispute), either party may give written notice to the other that a Dispute exists outlining the details of the Dispute (Dispute Notice).
33.2 The parties agree that if a Dispute arises out of or relates to this contract or the Facilities, a party may not commence any legal proceedings relating to the Dispute unless it has complied with the provisions of this clause except to seek urgent equitable or interlocutory relief. If the procedures in this clause are not completed within thirty (30) Business Days from the date of the Dispute Notice, either party may commence legal proceedings relating to the Dispute.
33.3 When a Dispute arises between the parties in relation to this contract:
(a) if the parties cannot resolve the Dispute within five (5) Business Days after date of the Dispute Notice, the Dispute is to be referred to the respective officers or their nominees of each party (Nominated Officers) for resolution; and
(b) if the Nominated Officers cannot resolve the Dispute within fifteen (15) Business Days after the Dispute Notice was first given:
(i) either party may by notice in writing to the other party require that the Dispute be submitted to mediation (ADR Notice);
(ii) the mediator is to be agreed by the parties or, failing agreement within five (5) Business Days after the date of the ADR Notice, by a mediator appointed by the Chair of the Resolution Institute, or the Chair’s designated representative; and
(iii) the mediation will be conducted in Brisbane, Queensland in accordance with the Resolution Institute Mediation Rules.
(c) Each party must pay its own internal and legal costs in relation to complying with this clause. The mediator’s costs are to be shared equally between the parties.
34 General
34.1 This contract constitutes the entire agreement of the parties and supersedes all prior oral or written representations and agreements.
34.2 This contract is governed by and is to be construed in accordance with the laws applicable in Queensland, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.
34.3 This contract is personal to the Customer and is not transferable by the Customer without the prior written consent of MSQ. MSQ may assign the benefit of this contract to any third party without the consent of the Customer.
34.4 These Facility Hire Terms & Conditions apply retrospectively if the Customer used the MCoE Facilities before contract formation.
34.5 This contract may only be amended in writing signed by the parties.
34.6 In this contract:
(a) a single or partial exercise or waiver by a party of a right relating to this contract does not prevent any other exercise of that right or the exercise of any other right;
(b) a party is not liable for any loss, cost or expense of any other party caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right;
(c) a waiver by one party does not prejudice its rights in respect of any subsequent breach of this contract by the other party;
(d) a party does not waive its rights under this contract because it grants an extension or forbearance to the other party; and
(e) a waiver is not effective unless it is in writing.
34.7 Any notices provided to MSQ under these Facility Hire Terms & Conditions must be emailed to [email protected].
34.8 MSQ may provide the Customer with notice under these Facility Hire Terms & Conditions by email, post or personal delivery to any address provided to MSQ for the Customer with respect to any booking request, or to the Customer’s registered office (if applicable).
35 Definitions
35.1 Business Day means a day that is not a Saturday, Sunday or public holiday in Brisbane, Queensland.
35.2 Customer means the person, company or organisation identified in a booking request and booking confirmation as the hirer of the Facilities for the purposes of these Facility Hire Terms & Conditions.
35.3 Event means a function, party or celebration or any other meeting or gathering that may be attended by members of the general public or for which the Customer will sell tickets.
35.4 Event Contractor means any third party contracted by the Customer to provide food and/or beverages (including alcoholic beverages), or entertainment, decorating, security or other services for an Event.
35.5 Facilities means the room(s) and any equipment or other facilities at the MCoE identified in MSQ’s confirmation of a booking request.
35.6 Facility Hire Terms & Conditions means these terms and conditions.
35.7 Hire Period means the agreed specific duration for which the Facilities are booked and made available for the Customer’s use as confirmed by MSQ in writing.
35.8 MCoE means Manufacturing Centre of Excellence.
35.9 MSQ means Manufacturing Skills Queensland Limited ACN 663 505 191.
35.10 MSQ Website means the website located at the domain msq.org.au.
35.11 Privacy Policy means the MSQ privacy policy located at https://msq.org.au/privacy-policy/.
35.12 Terms of Entry means the MCoE terms of entry which can be viewed at https://msq.org.au/terms-and-conditions/
Last updated 22 January 2026
1 Acknowledgement and Acceptance
1.1 These Terms of Entry are designed to promote the safety, wellbeing and enjoyment of all persons entering the MCoE.
1.2 By entering the MCoE and/or participating in any training, activity, event, or similar at the MCoE, you acknowledge and agree to comply with these Terms of Entry.
2 Safety
2.1 You must comply with all health and safety directions (including evacuation protocols), signage, and policies issued by MSQ. You are responsible for your own safety and must act in a way that does not endanger yourself or others.
2.2 You must wear appropriate personal protective equipment as required for specific areas or activities. If you notice any hazards, incidents, or unsafe conditions, you must report them immediately to MSQ staff.
2.3 Minors (persons under 16 years of age) are not permitted at the MCoE without adequate adult care and supervision at all times. Appropriate adult-to-child supervision ratios must be maintained at all times. Parents/guardians will remain responsible for their minors’ behaviours and safety within the MCoE.
2.4 At all times, you must not obstruct:
(a) walkways;
(b) entry, exit, or emergency access routes; or
(c) emergency equipment.
2.5 You must not interfere with any fire safety or emergency equipment. Fire alarms and safety equipment must only be used in an actual emergency. Any misuse will be reported to the authorities and may attract a fine.
2.6 You must not:
(a) engage in conduct that may damage property or compromise safety; or
(b) attend MCoE if you are unwell and have a communicable illness capable of posing a health risk to others at MCoE.
2.7 You must:
(a) immediately report to MSQ any hazards, incidents, or unsafe conditions at MCoE; and
(b) ensure that your noise is kept to acceptable levels and that it does not disturb others at the MCoE or any neighbours.
3 Electronic Check-In and Check-Out
3.1 You are required to complete electronic check-in upon arrival and electronic check-out upon departure from the MCoE premises. This process is mandatory for all individuals to ensure accurate attendance records and compliance with safety and security protocols.
3.2 Failure to comply with electronic check-in/check-out requirements may result in denial of access or removal from the MCoE premises.
4 Cyber Security and Wi-Fi access
4.1 You must ensure that any personal technology or devices you bring onsite are secure, free from malware, and comply with MSQ’s Cybersecurity Policy.
4.2 You must not access MSQ’s network or systems without authorisation.
4.3 You must report any suspected cybersecurity incidents immediately to MSQ. MSQ provides no warranties regarding the security, speed, reliability or availability of its network or Wi-Fi services, which are provided as a courtesy and are used at your own risk.
4.4 Your use of MSQ’s Wi-Fi must comply with acceptable use policies. Unlawful, inappropriate, or excessive bandwidth activities, including but not limited to downloading large files, streaming high-definition content, accessing restricted online content, or otherwise displaying offensive or inappropriate materials as deemed by MSQ are not allowed. MSQ reserves the right to monitor usage and restrict access accordingly.
5 Conduct and Compliance
5.1 You must behave respectfully and not engage in offensive, unlawful, or inappropriate activities or display materials deemed unacceptable by MSQ.
5.2 Aggressive, threatening, discriminatory or harassing behaviour will not be tolerated and may result in your immediate removal from the MCoE.
5.3 You must comply with all applicable laws, regulations, and MSQ policies while on the MCoE premises.
5.4 Smoking and vaping are strictly prohibited anywhere on the MCoE site, including within vehicles on campus.
5.5 Smoking and vaping must only occur outside the property boundary in safe, well-lit and considerate locations (taking into account neighbouring properties and the environment).
5.6 You must promptly comply with all directions and policies issued by MSQ staff, including health and safety, security and emergency procedures.
5.7 You must not make any alterations or additions to the premises or the facilities without prior written consent from MSQ.
5.8 You must not bring or consume alcohol at the MCoE premises without prior written consent and appropriate licensing. You must not bring any illegal substances or prohibited items onto the MCoE premises.
6 Admission and Removal
6.1 MSQ reserves the right to refuse your admission or require you to leave the MCoE premises if you breach these Terms of Entry, act in a disorderly or unsafe manner, or fail to comply with MSQ staff directions.
7 Prohibited Items
7.1 You must not bring onto the MCoE premises any controlled, prohibited, dangerous, or illegal substances or items that may cause injury or nuisance. Items such as glass containers, aerosol cans, fireworks, weapons, drones, large flags or poles, and other items deemed hazardous or disruptive are prohibited.
7.2 Animals are not permitted except certified assistance animals.
8 Security and Property
8.1 You are responsible for the security of any property you bring onto the MCoE premises.
8.2 MSQ accepts no responsibility for any loss or damage to your property.
8.3 You must not take photographs or recordings of other individuals without their consent.
8.4 CCTV is in use for safety, incident investigation and security purposes, and by entering you consent to being recorded.
8.5 Personal information including any CCTV footage in the control/possession of MCoE, will be handled in accordance with MSQ’s Privacy Policy and the Privacy Act 1988 (Cth).
9 Photography and Video Recording
9.1 Photographs and video recordings may be taken by MSQ for purposes other than for security, including for promotional and marketing purposes.
9.2 If you do not wish to be photographed or recorded for this purpose, please notify MSQ staff or venue management prior to or upon arrival so that reasonable efforts can be made to respect your privacy.
9.3 While MSQ will endeavour to accommodate such requests, complete exclusion from all photography or recording cannot be guaranteed.
10 Food, Beverage, and Cleaning
10.1 If you choose to bring your own food and use the onsite facilities, you are responsible for ensuring that these areas are left in a clean and tidy condition.
10.2 You are responsible for disposing of your own waste and trash in the bins provided throughout the MCoE premises. You must remove any leftover food at the end of your use of the facilities.
10.3 Any personal belongings or food items found at the MCoE at the end of the day may be disposed of by MSQ without further notice.
11 Access and Use of Facilities
11.1 You may only access the facility for authorised purposes and within permitted areas and times.
11.2 You must not interfere with other users or obstruct MSQ operations.
11.3 Use of equipment, tools, or specialist facilities is only permitted if authorised by MSQ and you are properly trained and qualified, or under the instruction of someone who is.
11.4 Any equipment you bring must be safe, tested, and operated by qualified persons.
11.5 MSQ aims to provide an inclusive and accessible environment. If you require accommodations, contact MCoE where possible to discuss your needs.
11.6 You must treat all property, furnishing and equipment with care. Accessibility features (e.g. ramps, lifts and accessible toilets), must not be obstructed or misused.
12 Vehicle and Parking
12.1 Some parking is provided at the MCoE. However, parking is not guaranteed and is at your own risk.
12.2 The security of your vehicle and any belongings within it, is your sole responsibility.
12.3 Safe entry and exit must be maintained at all times, with clear access for emergency and service vehicles.
12.4 Only authorised vehicles may park in reserved spaces; unauthorised vehicles may be removed at the owner’s risk and expense.
13 Liability
13.1 You are entering the MCoE at your own risk. MSQ is not liable for any injury, loss or damage except where liability cannot be excluded by law. To the extent that liability cannot be excluded by law but can be limited, MSQ’s liability is so limited.
13.2 Personal items brought into MCoE or to the Facilities are your responsibility. MSQ accepts no liability for loss, theft or damage to your belongings.
13.3 Lost property will be held for a limited period of time, and may be donated or disposed if unclaimed. By entering the MCoE, you consent to any and all lost items being donated or disposed.
14 Changes to the Terms of Entry
14.1 MSQ reserves the right to amend these Terms of Entry at any time
14.2 Any updates to these Terms of Entry will be published on the MSQ Website and made available at MCoE.
15 General
15.1 These Terms of Entry apply to you and all persons entering or occupying the MCoE.
15.2 Failure to comply with these Terms of Entry may result in refusal of entry, removal, or other sanctions as deemed appropriate by MSQ.
16 Definitions
16.1 Cybersecurity Policy means the relevant policy located on https://msq.org.au/policies.
16.2 MCoE means Manufacturing Centre of Excellence.
16.3 MSQ means Manufacturing Skills Queensland Limited ACN 663 505 191.
16.4 MSQ Website means the website located at the domain www.msq.org.au.
16.5 Privacy Policy means the MSQ privacy policy located at https://msq.org.au/privacy-policy/.
16.6 Terms of Entry means these terms and conditions.
Last updated: July 2025
IMPORTANT: Please read these Terms carefully as they contain important information regarding your legal rights, remedies and obligations in respect of the Services. By creating a Profile, you agree to by bound by these Terms and agree to use the Services in accordance with these Terms. If you do not agree to these Terms, do not create a Profile or use the Services.
User-friendly Terms of Service
We may review and update these Terms from time to time without notice. We will publish any updated Terms on our Website. If you continue to use the Portal after we publish the updated Terms, you agree to be bound by the updated Terms. You are responsible for checking our Website for updates to these Terms.
Please also see our Privacy Policy available at https://msq.org.au/privacy-policy/ for information about how MSQ handles and uses personal information.
Effect of Terms
These Terms are effective from the date you create a Profile and continue until your Profile is permanently deactivated.
Service limitations and disclaimers
In using the Services, you understand and agree that:
the Services are limited to matching Job Seekers with Jobs or Employers through the Portal and MSQ does not act as, or on behalf of (in any capacity, whether an agent, partner or otherwise), any Job Seeker or Employer;
the Services are designed and intended for Australian residents, and we make no warranty, guarantee or representation that the Services or Content are appropriate or available for access or use in locations outside of Australia, or that your access or use of the Services or Content outside Australia will not be considered unlawful or illegal under the laws of that country;
if you access or use the Services from locations outside of Australia or you are not an Australian resident, you access or use the Services at your own discretion and are responsible for compliance with the applicable laws when accessing or using the Services;
MSQ does not provide any employment advisory or consultancy services and such services are expressly excluded from the Services;
MSQ is not an NDIS provider and does not provide any associated services (such as health care or transport services) other than those expressly made available through the Portal;
the Services do not constitute or replace any professional employment or recruitment advice or services;
the Services are provided on an “as-is” basis and MSQ makes no warranty, guarantee or representation that the Services will be error-free, complete, accurate, up to date, uninterrupted, fit for purpose or will not give rise to any Loss, Liability or Claims;
the Services are provided online and we have no control or responsibility over the stability of the network or web browser you use to access the Services, or the security of data transmitted over the Internet;
MSQ makes no guarantee, warranty or representation that any Content or Data you access or download will be free from viruses, worms, Trojan horses or any other malware or malicious code that may cause damage or interrupt your network, systems, environment and any other hardware or software; and
you responsible for determining whether the Services are fit for intended purposes.
Your Profile
Creation of Profile. You must create and register a Profile as set out in our Website in order to use and access the Services. If you create a Profile, you represent and warrant that:
you are at least 16 years old;
you are one of the following:
an Australian citizen living in Queensland;
a permanent resident of Australia living in Queensland;
a New Zealand citizen permanently residing in Queensland;
a refugee and humanitarian visa holder living in Queensland; or
a temporary visa holder living in Queensland with the necessary visa and work permits on the pathway to permanent residency;
all Data is complete and accurate, including the information set out in your Profile, the documents provided to an Employer or in relation to a Job application; and
subject to clause 5.1, you are using the Services for your sole benefit and not on behalf of any other person or for such person’s benefit.
Verification
You consent to MSQ (or any third-party authorised by MSQ) without notice, verifying any Data and for MSQ to make inquiries and investigations about you, including through a telephone or video call, conducting searches against third party databases or verification of any official government, photographic identification or legal document. Some Service functions or access rights may be limited at our discretion during any verification or investigation without notice.
Profile activity
You are responsible for all activity that occurs in and through your Profile, including any unauthorised activity. You acknowledge and agree that you are entirely responsible and liable for maintaining the security and secrecy of your Profile including the login credentials. You are solely responsible for and assume all risk arising from your Profile or use of the Services.
Unless otherwise permitted by us in writing:
your Profile must only be used by you; and
you must not allow any unauthorised person to access your Profile or the Services at any time.
MSQ will never ask you to send your password or other sensitive information via email or enter it into any website other than through the Portal or our Website. If you ever suspect that there has been any unauthorised use of your Profile or the secrecy of your password has been compromised, you must immediately change your password and contact us.
Suspension
MSQ may, in its sole discretion, for any reason at any time, suspend the Services or disable or restrict your Profile if:
MSQ determines (acting reasonably) that you have breached these Terms;
required by Law; or
a Force Majeure Event occurs.
If the Services are suspended or your Profile is disabled or restricted in accordance with this clause 3.4, the suspension or restriction will continue until MSQ is satisfied (in its absolute discretion) that the circumstances giving rise to the suspension or restriction are resolved.
Your obligations under these Terms continue in the event the Services are suspended or your Profile is disabled or restricted, unless those obligations are affected by the suspension or restriction.
Deactivation
We may terminate your access to the Services and permanently deactivate your Profile immediately upon notice if:
you have breached these Terms and the breach is not capable of remedy, or you have not rectified the breach within 7 days of receiving notice from us identifying the breach and requesting you to remedy the breach;
required by Law;
any of our subcontractors are unable to provide the subcontracted services, including the provision of the Portal;
MSQ will no longer provide the Services to your resident country or the country from where you are using or accessing the Services; or
the provision of Services is (in MSQ’s sole opinion) no longer commercially viable.
You may deactivate your Profile at any time by following the process set out in the Website or Portal.
Once your Profile has been deactivated:
these Terms terminate immediately;
your access to the Services ceases and the rights granted to you at clause 4.2 are immediately revoked; and
if we deactivate your Profile pursuant to clause 3.5(a), we may (in our sole discretion) invite you to reactivate your Profile.Services
MSQ obligations
Subject to your compliance with these Terms, MSQ will provide you the Services as set out in these Terms.
You understand and agree that we may engage subcontractors to perform all or part of our obligations under these Terms (including our obligation to provide the Services) at any time without prior notice or approval.
Access to Portal
Subject to your creation of a Profile, MSQ grants you a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free right to access and use the Portal to use the Services and to apply for Jobs and secure an employment contract, in accordance with these Terms.
If you are accessing the Portal as a mobile application, MSQ grants you a right to download and install the Portal onto your mobile device under the same conditions set out in clause 4.2(a).
Service availability
MSQ will make reasonable efforts to make the Services available to you and respond to any technical or service support inquiries you may have relating to the Services.
Notwithstanding clause 4.3(a) above, you understand agree that your access to, or use of, the Services may be disrupted at any time, including as a result of:
any malfunction, network outage or error;
any updates, upgrades, maintenance or repair of the Portal by us or our subcontractors; or
a Force Majeure Event.
Your obligations
Minors
If you are a Minor, these Terms are agreed by and entered into by your parent or legal guardian on your behalf and any reference to “you”, or “your” in these Terms (other than within this clause 1(a)) is a reference to that parent or legal guardian.
You understand and agree that:
you are bound by these Terms on behalf of your Minor;
a Minor may create a Profile and use the Services, however you must, at all times, supervise that Minor in their use of the Services and have access to their Profile;
are responsible for the acts and omissions of a Minor in respect of the Services, as though you committed such acts and omissions; and
notwithstanding any provision in these Terms, you may access or use the Services or a Minor profile on behalf of, or for the benefit of, a Minor.
General obligations
You must:
perform your duties under these Terms with due care, skill and diligence and in accordance with the Law;
use the Services in accordance with these Terms; and
provide us all information and co-operation required by MSQ (or any of our subcontractors) to provide the Services.
Restrictions of use
In using the Services or Portal, you must not (and must not allow, enable or permit any other person to):
breach or circumvent any laws, agreements with third-parties, third-party rights or these Terms;
reproduce, adapt, duplicate, rent, copy, sell, trade, resell, distribute or exploit any part of the Portal or Services;
act in any manner that is unlawful or illegal, that violates another person’s or entity’s rights (including Intellectual Property Rights, confidentiality rights and privacy rights) or that is fraudulent, false, misleading, or deceptive;
cause harm or Loss to anyone;
use the Services for any commercial or other purposes that are not expressly permitted by these Terms;
impersonate another person or entity, including a representative of MSQ;
use the Services or Portal in a manner that could damage the reputation of MSQ;
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behaviour;
permit or assist any third person to access or use the Services or Portal, or otherwise grant any third person unauthorised access to use the Services;
use the Portal in connection with the distribution of unsolicited commercial messages (“spam”);
menace, harass, offend or cause annoyance to any person;
promote or facilitate violence or terrorist activities;
use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from the Portal for any purpose;
distribute computer viruses, worms, Trojan horses or other malicious code;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by MSQ or any of our subcontractors or any other third party to protect the Portal;
attempt to decipher, decompile, disassemble or reverse engineer any of the software or source or object code used to provide Portal; or
take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of Portal.
Use of Services and Portal
In using the Services and Portal, you must:
independently review, assess and verify that you meet the requirements or expectations of each Employer in respect of a Job;
ensure that any information you provide to the Employer (including as comprised in the Data) is complete, accurate and up to date;
comply with any instructions, directions or requirements provided by the Employer;
not post or upload any information or materials (including as comprised in your Profile or resume) which are not genuine or which attempts to advertise or promote products or services; and
communicate with all Employers in a timely and professional manner.
Disclaimers
MSQ makes no warranty, guarantee or representation:
that any Job applications you submit through the Portal will progress or be successful;
that you will secure a job with your preferred Employer, or in a timely manner or at all;
that an Employer will receive, be notified of, access, read or respond to any Job application or correspondence you send the Employer through the Portal;
that there will be no mistakes in MSQ’s transmission or storage of Data through the Portal;
that a Job will still be available between the time you submit your application and the time it is received by the relevant Employer; or
in respect of any Employer, including (without limitation) regarding any Employer information or posts available through the Portal.
MSQ is not responsible for, and has no obligations in respect of:
ensuring or verifying that your experience, qualifications or certifications meet the requirements, standards or expectations of Employers in respect of a Job (including those specified by the Employer on the Portal);
any representations made by you to any Employer or otherwise through the Portal;
contacting or communicating with any Employers, including on your behalf;
verifying the legitimacy, accuracy, completeness, appropriateness or legality of any Jobs or Employers or any Data provided to you by the Employers;
your failure to meet Job application deadlines; or
any unsuccessful Job applications or your failure to secure a Job.
You understand and acknowledge that:
the relevance of the Jobs and Employers matched with you or your Profile depends on the accuracy of your Data;
Employers may reject your application for any reason (including without limitation, due to duplicate applications); and
the Services do not restrict you from contacting the Employer independently of the Portal or Services.
To the fullest extent permitted by Law, we disclaim any implied warranties with respect to the Services and the Portal. This disclaimer does not affect your rights under the ACL.
Intellectual Property Rights
No rights of ownership in and to the MSQ IP or the Services are transferred to you under these Terms.
You must not (and must not allow, enable or permit any other person to):
commercialise or otherwise exploit the MSQ IP;
use the MSQ IP in any way that could damage our reputation or infringe our Intellectual Property Rights; or
use or register the words, “MSQ”, “Manufacturing Skills Queensland”, “WORK IN MANUFACTURING JOBS PORTAL”, or any other trade mark used by MSQ as or as part of, any trade mark, company name, business name or domain name.
Third-Party Content
Third-Party Content
To the extent that any Third-Party Content is comprised in the Services, you understand and agree that:
MSQ does not make any representations, guarantees or warranties in respect of the Third-Party Content, including without limitation, any representations, guarantees or warranties that:
your use of the Third-Party Content will not infringe third-party Intellectual Property Rights; or
the Third-Party Content is secure will operate or function without any errors or interruptions;
no right, title or interest in and to the Third-Party Content (including the Intellectual Property Rights subsisting in such content) is transferred to you under these Terms; and
unless we inform you otherwise, you are solely responsible for complying with the terms and conditions applicable to your use of the Third-Party Content (which may be made available to you by MSQ or the third-party provider) and payment of the associated fees for your use of the Third-Party Content.
Third-party links
The Services may contain links to websites and other online resources operated by third parties (including the Employers). You acknowledge and agree that we do not have any control over, and are not responsible or liable for, the content of any website or other online service operated by any third party, or the privacy practices of any third party. Links to third party websites and resources do not constitute an endorsement by MSQ of the third party’s products or services.
Confidentiality
A party who obtains proprietary or confidential information of the other party under or in connection with these Terms must maintain the confidentiality of such information unless it becomes publicly known (other than through a breach of this clause 8), except where the receiving party discloses the other party’s confidential information:
to its employees, contractors, subcontractors, agents or representatives, strictly as required to enable that party to perform its obligations under these Terms and provided those individuals are subject to confidentiality obligations;
to its professional advisers (including, lawyers and accountants); or
as required by applicable law or a court order and provided that the party subject of such law or order notifies the other party prior to the required disclosure, unless notification is prohibited by the relevant law or court order.
Data ownership and provision
Data use and security
You own and retain all right, title and interest in and to the Data.
You grant MSQ a perpetual, irrevocable, non-exclusive, non-transferable, sublicensable, royalty-free licence to use the Data:
to perform its obligations under these Terms, including to provide the Services;
to share with Employers and facilitate your job search;
to improve the functionality of the Services;
to comply with our reporting obligations at Law or under any applicable third-party agreements (including without limitation our reporting obligations to the Queensland Government);
for analytic or research purposes; or
for any other commercial or non-commercial purpose (excluding any personal information comprised in the Data).
MSQ is not responsible for creating or storing back ups of the Data.
MSQ may (in its sole discretion) retain copies of the Data after termination of these Terms. MSQ may also permanently delete the Data without notice or liability to you.
Use with AI
Without limiting clause 9.1, you understand and agree that we may provide your Data to AI Services for the purpose of providing the Services and accordingly:
we may use your Data to train the AI Service models and improve the Services;
we make no guarantees, representations or warranties:
that your Data will used, processed or stored securely once provided to the AI Services;
in respect of the reliability, accuracy or completeness of any outputs produced by the AI Services;
that the AI Services will operate or function without any errors or interruption; or
that the outputs produced by the AI Services will not infringe a third-party’s Intellectual Property Rights or be fit for purpose; and
you accept all risk and liability in respect of the AI Services.
Privacy compliance
When used in this clause 10, the terms “personal information” and “sensitive information” have the meaning given to those terms under the Privacy Act 1988 (Cth).
You understand and agree that you may be required to provide personal information (including sensitive information) in your use of the Services.
Notwithstanding the provisions of clause 1, to the extent that any personal information is comprised in the Data, MSQ:
may use such information in accordance with its privacy policy (which may be updated from time to time); and
will collect, use, disclose or store any sensitive information only as permitted under the Privacy Act 1988 (Cth).
Liability and indemnity
MSQ liability
To the full extent permitted by law, MSQ excludes liability for:
any Consequential Loss (even where we have been advised of the possibility of such loss); and
any Loss, Claim or Liability arising out of, or in relation to Claims made by third-parties arising out of or in connection with these Terms or the Services.
In the event MSQ is found liable for any Loss, Claim or Liability under or in connection with these Terms, then to the full extent permitted by law, MSQ’s total liability is limited to $100.
ACL
To the extent that the ACL applies to our provision of the Services, this clause 11.2 applies.
MSQ’s goods and services come with guarantees that cannot be excluded under the ACL.
To the extent MSQ is liable to you under the ACL and to the extent permitted by law, you agree that our liability is limited to, at our option, either the supply of equivalent services, or the payment of the cost of having the services re-supplied.
Your indemnity
You must release and indemnify the Indemnified Parties from and against any Claim, Loss or Liability (including liability to pay legal costs and expenses on an indemnity basis), whether present, unascertained, immediate, future or contingent and whether based in contract, tort, statute or otherwise, arising out of or in connection with:
any breach of these Terms by you;
your use of the Services or Portal;
your use of any Third-Party Content;
any Claims made by Employers caused (whether directly or indirectly) by your use of the Services; or
any negligence by you.
Reasonable steps
Each party must take reasonable steps to mitigate the effects of any Loss, Claim or Liability suffered under or in relation to these Terms. A party will not be liable to the other party for any Loss, Claim or Liability arising out of a party’s failure to comply with this clause 11.4.
Disputes
If you have a reason to raise a Dispute, you must first provide MSQ with written notice of the Dispute, including particulars of the Dispute. Our authorised representatives will, within seven (7) days of receiving the Dispute, attempt to resolve the Dispute with you.
If our authorised representatives are unsuccessful in resolving the Dispute with you within thirty (30) days of our receiving notice of the Dispute, either of us may, by giving written notice to the other party, refer the Dispute for mediation. The mediation will be held in Brisbane, Australia and will be mediated by an agreed mediator, or if no mediator is agreed, by a mediator nominated by the President of the Queensland Law Society or the President’s nominee. Each party must bear its own costs of the mediation and bear equally the mediator’s costs, and each party is entitled to legal representation at the mediation.
If the Dispute is not resolved through mediation, each party may escalate the Dispute in its sole discretion.
You acknowledge and agree that you may not commence Court proceedings (except for urgent interlocutory relief) against us without first complying with this clause 12.
Miscellaneous
Notices
A notice, consent, approval or other communication under these Terms (Notice) must be in writing and signed by the sender or its duly authorised representative, addressed to the recipient and sent to the recipient’s email address.
The particulars for delivery of Notices are as follows:
for MSQ: by email to [email protected]; and
for you: the contact details specified in your Profile.
Complaints
If a fault occurs with the Portal or have any complaints in relation to the Portal, you may contact Manufacturing Skills Queensland and we will take reasonable steps to promptly address the fault or complaint.
Relationship
These Terms do not create any agency, partnership, joint venture, employee-employer or other similar relationship whatsoever.
You agree and understand that each Employer or Job Seeker accesses or uses the Services or Portal in their sole capacity. To the extent permitted by Law, we specifically disclaim all liability for any loss or damage incurred by you in any manner due to the acts or omissions of each Employer or Job Seeker (as the case may be).
Legal costs
Except as expressly stated otherwise in these Terms, each party must pay its own legal and other costs and expenses of negotiating, preparing, executing and performing its obligations under these Terms.
Governing law and jurisdiction
These Terms are governed by and is to be construed in accordance with the laws applicable in Queensland, Australia.
Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.
Severability
Subject to clause 6(b), if a provision of these Terms is illegal or unenforceable in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of these Terms.
Clause 6(a) does not apply if severing the provision materially alters the:
scope and nature of these Terms; or
the relative commercial or financial positions of the parties; or
would be contrary to public policy.
Further steps
Each party must promptly do whatever any other party reasonably requires of it to give effect to these Terms and to perform its obligations under it.
Consents
Except as expressly stated otherwise in these Terms, a party may conditionally or unconditionally give or withhold consent to be given under these Terms and is not obliged to give reasons for doing so.
Rights cumulative
Except as expressly stated otherwise in these Terms, the rights of a party under the Terms are cumulative and are in addition to any other rights of that party.
Waiver and exercise of rights
A single or partial exercise or waiver by a party of a right relating to these Terms does not prevent any other exercise of that right or the exercise of any other right.
A party is not liable for any loss, cost or expense of any other party caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right.
Survival
The provisions of clauses 2 (Service limitations and disclaimers, 3.5 (Deactivation), 5.5 (Disclaimers), 6 (Intellectual Property Rights), 7 (Third-Party Content), 9.1(d) (Data retention), 11 (Liability and indemnity), 12 (Disputes), and 13 (Miscellaneous) survive the expiry or termination of these Terms.
Assignment
You must not assign your interest in these Terms without the prior written consent of MSQ.
MSQ may assign its interest in these Terms without your consent.
Any purported dealing in breach of this clause is of no effect.
Counterparts
These Terms may consist of a number of counterparts and, if so, the counterparts taken together constitute one agreement.
Entire understanding
These Terms contain the entire understanding between the parties as to the subject matter of these Terms.
All previous negotiations, understandings, representations, warranties, memoranda or commitments concerning the subject matter of these Terms are merged in and superseded by these Terms and are of no effect. No party is liable to any other party in respect of those matters.
Definitions and interpretation
Definitions
ACL means the Australian Consumer Law as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
AI Services means any program, system, software or other technology that uses artificial intelligence to perform the relevant tasks or perform services;
Claim means a claim, notice, demand, action, proceeding, litigation, investigation, judgment, damage, Loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to these Terms;
Consequential Loss means any loss or damage that is special, exemplary, indirect or consequential, including (without limitation) any loss of profit, loss of revenue, loss of contract value, loss of opportunity, loss of data, damage to reputation, loss of goodwill, or service disruptions;
Content means any data, databases, information, documents, templates, fonts, layouts and other materials made available by MSQ through the Services, but excludes all Data and Third-Party Content;
Data means any data, information, documents or other materials provided or generated by you or on your behalf, in the course of accessing or using the Services, including (without limitation) the information you provide on your Profile, but excludes Third-Party Content;
Dispute means a dispute or disagreement arising out of, or in connection with, these Terms, the Portal or the Services;
Employer means any person or entity that uses Supply Queensland for recruitment or market research purposes, and includes any recruitment agencies using the Supply Queensland on behalf another person or entity for such purposes;
Force Majeure Event means an event or circumstance beyond the reasonable control of the parties which results in a party being unable to observe or perform its obligations under these Terms, including without limitation:
any acts or omissions by an Employer or Job Seeker (as the case may be);
adverse changes in Law;
any acts of God;
earthquakes lightning strikes, floods, storms, explosions, fires or any natural disaster;
acts of public enemies, terrorism, riots; war;
cyber attacks, viruses or malware, network outages; or
strikes or industrial disputes;
Indemnified Parties means MSQ, our Related Entities or Related Bodies Corporate, and any of our employees, contractors, subcontractors, agents, or representatives;
Intellectual Property Rights means all current and future intellectual and industrial property rights and interests throughout the world, whether registered or unregistered, including patents, trade marks, domain names, design rights, copyright, trade secrets, know how, applications for them and licences or consents in relation to them, and any moral rights arising under Part IX of the Copyright Act 1968 (Cth) (and any other similar rights arising under any other law in Australia or anywhere else in the world at any time);
Job means any employment opportunity advertised on the Portal, and includes any opportunity for full-time, part-time, casual or unpaid positions;
Job Seeker, you or your means any person that uses the Services to find jobs and submit job applications;
Law means any statute, regulation, rule, proclamation, order in council, by-law or ordinance currently in force in any jurisdiction that applies to these Terms or our provision of the Services;
Liability means any liability or obligation (whether actual, contingent or prospective) including any Loss, irrespective of when the acts, events or things giving rise to the liability or obligation occurred;
Loss includes any loss, damage, cost, charge liability (including tax liability) or expense (including legal costs and expenses);
Minor means a Job Seeker that is under the age of 18 but over the age of 16;
MSQ (we, our, us) Manufacturing Skills Queensland Limited ABN 89 663 505 191;
MSQ IP means all Intellectual Property Rights owned or held by, or licensed to, MSQ independently of these Terms, including the Intellectual Property Rights subsisting in the Portal;
Services means:
(a) the employment matching services provided by MSQ through the Portal, where Job Seekers are matched with relevant Jobs or Employers;
(b) disability support services in the context of job seeking and employment; and
(c) providing technical or customer support in relation to the Portal as described on our Website.
Portal means the web-based platform or mobile application called “WORK IN MANUFACTURING JOB PORTAL” (or any other names given to the platform from time to time) and includes all Content and updates, versions, patches, upgrades or modifications to the services;
Profile means Job Seeker user account created through the Portal;
Supply Queensland means the web-based platform or mobile application called “Supply Queensland” (or any other names given to that platform from time to time) that is connected to the Portal and which:
allows Employers to post Jobs and communicate with and recruit Job Seekers; and
provides Employer and Job information to the Portal for the benefit of Job Seekers;
Third-Party Content means any means any products, services or materials owned or held by a third-party to these Terms, but excludes the Data; and
Website means the website available at msq.org.au
Interpretation
In these Terms, unless the context otherwise requires:
(d) a reference to:
(i) the singular includes the plural and the plural includes the singular;
(ii) a recital, clause, schedule or annexure is a reference to a clause of or recital, schedule or annexure to the Terms and references to the Terms include any recital, schedule or annexure;
(iii) any contract (including these Terms) or other instrument includes any variation or replacement of it and as it may be assigned or novated;
(iv) a statute, ordinance, code or other law includes subordinate legislation (including regulations) and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(v) a person or entity includes an individual, a firm, a body corporate, a trust, an unincorporated association or an authority;
(vi) a person includes their legal personal representatives (including executors), administrators, successors, substitutes (including by way of novation) and permitted assigns;
(vii) an entity which has been reconstituted or merged means the body as reconstituted or merged, and to an entity which has ceased to exist where its functions have been substantially taken over by another body, means that other body;
(viii) a reference to a day or a month means a calendar day or calendar month;
(ix) money (including ‘$’, ‘AUD’ or ‘dollars’) is to Australian currency;
(e) unless expressly stated, no party enters into these Terms as agent for any other person (or otherwise on their behalf or for their benefit);
(f) the meaning of any general language is not restricted by any accompanying example, and the words ‘includes’, ‘including’, ‘such as’, ‘for example’ or similar words are not words of limitation;
(g) the words ‘costs’ and ‘expenses’ include reasonable charges, expenses and legal costs on a full indemnity basis;
(h) headings and the table of contents are for convenience only and do not form part of these Terms or affect its interpretation;
(i) if a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated exclusive of that day;
(j) where there are two or more persons in a party each are bound jointly and severally; and
(k) a provision of these Terms must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of the Terms or the inclusion of the provision in the Terms.
GENERAL
1.1 These terms apply to the purchase of Goods and/or Services by Manufacturing Skills Queensland Limited (Purchaser) from the Supplier where no separate procurement contract exists. If a separate written contract signed by both the Purchaser and the Supplier exists for the relevant supply, its terms prevail.
1.2 Each agreement comprises:
(a) these terms and conditions; and
(b) the specific Purchase Order, including any special conditions
(together an Agreement).
1.3 No terms proposed by the Supplier amend an Agreement unless agreed in writing by the Purchaser.
1.4 Acceptance of these terms and conditions occurs upon the earlier of the Supplier’s written confirmation of the Purchase Order and supply of Goods and/or Services pursuant to a Purchase Order.
SUPPLY OF GOODS AND SERVICES
2.1 The Supplier must supply the Goods and/or Services as per these terms and conditions and any specifications provided by the Purchaser prior to or with the Purchase Order or otherwise agreed with the Supplier, and in accordance with all applicable laws and standards.
PRICE AND PAYMENT
3.1 The Price for the relevant Goods and/or Services will be as stipulated in the Purchase Order. Prices are inclusive of all taxes (including GST), duties, and delivery costs unless stated otherwise in the Purchase Order.
3.2 The Supplier must provide the Purchaser with a valid tax invoice including:
(a) Supplier’s name, ABN, and contact details;
(b) Purchase Order Number;
(c) Description and quantity of Goods and/or Services;
(d) GST amount (if applicable).
3.3 Invoices must be sent electronically to the email specified by the Purchaser. Payment terms are 30 days from receipt of a valid invoice. Invoices may be issued at any time on or after delivery of the relevant goods and/or services unless otherwise specified in the Purchase Order.
3.4 The Purchaser may withhold payment of disputed amounts in good faith until resolved.
DELIVERY AND ACCEPTANCE
4.1 Goods must be delivered, and Services performed, by the Delivery Date and at the location specified in the Purchase Order.
4.2 If the Supplier anticipates a delay, it must notify the Purchaser immediately.
4.3 The Purchaser may reject Goods and/or Services if they:
(a) are damaged, defective, unfit for purpose, or non-compliant with relevant standards;
(b) do not meet the Purchase Order description or quantity, or any agreed specifications; or
(c) are not provided in accordance with these terms and conditions.
4.4 Rejected Goods must be removed at the Supplier’s expense. At the Purchaser’s election, the Supplier must refund or credit the price paid for the rejected Goods, or replace the rejected Goods.
RISK AND TITLE
5.1 Title transfers upon the earlier of delivery or payment. Risk remains with the Supplier until acceptance by the Purchaser.
WARRANTIES AND INDEMNITY
6.1 The Supplier warrants that any Goods supplied by the Supplier:
(a) comply with agreed specifications and relevant standards;
(b) are free from damage or defects and fit for purpose.
6.2 The Supplier warrants that services provided by the Supplier:
(a) are performed promptly, professionally, and competently and in accordance with all industry standards and lawful and reasonable directions of the Purchaser; Manufacturing Skills Queensland | PURCHASE ORDER TERMS AND CONDITIONS 2
(b) comply with all applicable laws.
6.3 The Supplier must indemnify the Purchaser from any loss, liability, damage or expense suffered or incurred by the Purchaser as a result of any breach of an Agreement by the Supplier, including any warranty provided by the Supplier, or any negligence of the Supplier or any of the Supplier’s employees or contractors who provide any Services.
INSURANCE
7.1 The Supplier must hold commercially reasonable insurance coverage and provide evidence upon request by the Purchaser.
LIABILITY
8.1 Neither party is liable for Consequential Loss.
TERMINATION
9.1 The Purchaser may terminate an Agreement or a particular Purchase Order immediately if the Supplier:
(a) becomes insolvent;
(b) fails to meet the Delivery Date of a Deliverable; or
(c) breaches the Agreement and does not remedy the breach within 7 days of written notice.
9.2 Upon termination, all accrued rights remain enforceable.
9.3 The Supplier’s obligations in clause 6 and clause 10 will survive the termination of the Agreement or any Purchase Order.
INTELLECTUAL PROPERTY AND CONFIDENTIALITY
10.1 The Supplier must ensure no third-party Intellectual Property Rights are infringed by the supply of any Goods, Services or Deliverable.
10.2 All Intellectual Property Rights created in the course of the provision of any Services vest in the Purchaser upon creation. The Supplier hereby assigns any such Intellectual Property Rights to the Purchaser effective on and from creation.
10.3 The Supplier grants to the Purchaser a worldwide, non-exclusive, perpetual, irrevocable, royalty free, transferable licence, with the right to grant sublicences, to exercise the Supplier’s background Intellectual Property Rights to the extent required to enjoy the benefit of any Services or Deliverables.
10.4 The Supplier must keep all Purchaser information confidential unless required by law or the information is or becomes part of the public domain.
10.5 The Supplier will sign all documents and do anything else requested by the Purchaser to confirm, perfect or register any of the Purchaser’s rights contemplated by this clause 10.
TAXES AND COMPLIANCE
11.1 The Purchaser may withhold tax if the Supplier fails to provide an ABN.
11.2 The Supplier must comply with Modern Slavery Laws and the Queensland Government Ethical Supplier Mandate.
GENERAL TERMS
12.1 The Supplier must not assign its rights or subcontract any of its obligations without the Purchaser’s written consent.
12.2 No waiver of rights under an Agreement is valid unless in writing.
12.3 Each agreement is governed by the laws of Queensland. Each party submits to the non-exclusive jurisdiction of the courts of Queensland.
DEFINITIONS
Consequential Loss: Includes loss of profit, revenue, opportunity or reputation.
Delivery Date: Date specified in the Purchase Order for supply completion for a Deliverable of a Good or Service.
Goods and/or Deliverable: Items specified in the Purchase Order.
Intellectual Property Rights: Any industrial and intellectual property rights throughout the world and for the duration of the rights including:
(a) any patents, copyright including future copyright, registered or unregistered trade marks or service marks, trade names, brand names, registered or unregistered designs, commercial names, circuit layouts, database rights; Manufacturing Skills Queensland | PURCHASE ORDER TERMS AND CONDITIONS 3
(b) any inventions, discoveries, processes, methods, trade secrets, know-how, computer software, confidential information and scientific, technical and product information.
Modern Slavery Laws: Laws prohibiting exploitative practices such as forced labour including the Modern Slavery Act 2018 (Cth).
Purchase Order: Written order issued by the Purchaser.
Services: Work specified in the Purchase Order.
Supplier: The entity supplying Goods and/or Services to the Purchaser.
Manufacturing Skills Queensland Limited (MSQ) is committed to working with ethical, environmentally conscious, and socially responsible suppliers. This Supplier Code of Conduct outlines MSQ’s expectations for businesses that wish to engage with MSQ.
1. Application
MSQ reserves the right to work only with suppliers who comply with this Code. Compliance is reflected in procurement terms and conditions, and suppliers are expected to self-assess and address any shortcomings proactively. Breaches may result in exclusion from future procurement opportunities.
2. Compliance with Legislation
Suppliers must adhere to all relevant legislation and standards applicable to their operations and the goods or services they provide.
3. Supplier Expectations
MSQ is committed to upholding the highest ethical standards in its procurement processes, and suppliers are expected to do the same. This includes effectively managing conflicts of interest, conducting business with integrity, and responsibly handling sensitive and confidential information. Suppliers must avoid improper market practices, engage appropriately with MSQ officers, and demonstrate best business practices. They should offer fair payment terms to subcontractors and ensure that all goods and services meet compliance standards.
Suppliers are expected to promote employee welfare and actively enhance environmental sustainability.
The supplier meets the threshold if they can respond NO to each of the below:
contravened a civil remedy provision of Chapter 2 or Chapter 3 of the Fair Work Act 2009 (Cth), or committed an offence against the Fair Work Act?
contravened a civil remedy provision of Chapter 2, 3, 4, 5, or 7 of the Industrial Relations Act 2016, or committed an offence against the Industrial Relations Act, or failed to pay employment related levies, or other payments, established under Queensland legislation?
failed to make superannuation contributions on behalf of employees in accordance with law?
purported to treat employees as independent contractors, where they are not?
required persons who would otherwise be employees to provide an Australian Business Number so that they could be treated as independent contractors?
engaged persons on unpaid work trials or as unpaid interns, where they should be treated as employees?
entered into an arrangement for the provision of labour hire services with a person who is not licensed under the Labour Hire Licensing Act 2017, or a supplier who is an unlicensed provider under the Act?
paid employees’ wages below those provided for in an applicable modern award?
Terms and Conditions for Manufacturers
1) Purpose
1.1 This subsidy program is designed to support eligible Queensland manufacturing businesses in developing their workforce capabilities through access to professional HR support services aligned with an approved Workforce Plan.
2) Business eligibility criteria
2.1 To qualify for the subsidy, applicants must meet the following criteria:
i) Be registered to operate in Queensland
ii) Meet the ABS definition of Small Business (fewer than 20 employees)
iii) Must NOT have previously accessed any government grant for workforce planning or HR support services
iv) Connect with MSQ’s Industry Workforce Advisor
v) Develop and complete a Workforce Plan in collaboration with the IWA
vi) Commit to working with the IWA to explore staff training opportunities
vii) Register on MSQ’s Supply Queensland platform
viii) Commit to using Supply Queensland to post job opportunities on the Work In Manufacturing Jobs Portal
ix) Participate in the Industry Survey supporting the IWA Initiative
x) Commit to participating in good news stories and case study opportunities when requested
2.2 MSQ will assess and determine the eligibility of all applicants based on the eligibility criteria
2.3 MSQ’s determination of eligibility is final and made at MSQ’s sole discretion
2.4 Eligible manufacturers will receive a formal Letter of Eligibility Confirmation from MSQ
2.5 Manufacturers must receive written confirmation of eligibility from MSQ before engaging any approved providers. Services accessed prior to receiving the Letter of Eligibility Confirmation will NOT be subsidised or reimbursed.
3) Subsidy conditions
3.1 The subsidy is available ONCE per eligible business. Businesses that have previously received this subsidy are not eligible to reapply.
3.2 Businesses that have previously received the Queensland Government’s Workforce Connect Fund HR Support Grant are not eligible for this subsidy.
3.3 The subsidy can ONLY be accessed through MSQ’s approved panel of HR support providers. Services obtained from non-approved providers will not be subsidised.
3.4 All subsidised services must be used to access services that related to the Approved Workforce Plan developed with the IWA.
3.5 Subsidy must be used with a single provider; subsidy may not be split across providers.
4) Eligible services
4.1 The subsidy may be used for the following HR support services, provided they align with the approved Workforce Plan:
i) Structured recruitment processes
ii) Comprehensive employee onboarding programs
iii) Retention-focused HR practices and policies
iv) Handbook policies and procedures development
v) Employment contract preparation and review
vi) Position description development
vii) Performance review frameworks and performance management
viii) Business owner coaching on HR and workforce management
ix) Training plan development
x) Employee retention and engagement strategies
xi) Workforce planning and capability development
xii) Other HR support services aligned to the Workforce Plan and approved by MSQ
4.2 This list is not exhaustive. Other services may be eligible if they directly support the approved Workforce Plan and are approved by MSQ.
5) Ineligible expenses
5.1 The subsidy will NOT cover:
i) Systems and Technology
ii) New HR systems for startup businesses
iii) Software purchases or subscriptions
iv) Personnel costs
v) Salaries and associated employment costs
vi) Recruitment fees for hiring staff
vii) Operational costs
viii) Utility charges
ix) Telecommunications charges
x) Building lease costs
xi) Insurance premiums
xii) General business overheads
xiii) Capital expenditure
xiv) Purchase of assets or capital equipment
xv) Significant assets including buildings or vehicles
xvi) Retrospective Payments
xvii) Expenses already incurred prior to funding approval
xviii) Work already undertaken before subsidy approval
xix) Costs for consultants, contractors, or other service suppliers that are associated entities with the applicant
xx) Services provided by related parties, family members, or entities with common ownership
6) Other ineligible costs
6.1 Any other costs deemed ineligible by MSQ at its sole discretion
7) Business obligations
7.1 The business should provide all requested information, documentation, and access to relevant personnel to the approved HR provider in a timely manner to enable completion of services within the contracted timeframe.
7.2 Failure to provide timely information or cooperation may result in the HR provider being unable to complete services within the required timeframe, and the business may forfeit the subsidy.
8) Subsidy limit and additional costs
8.1 The subsidy has a maximum approved amount as specified in the Letter of Eligibility Confirmation.
8.2 Where the manufacturer accesses services above the approved subsidy amount, the additional costs will be paid for by the manufacturer.
8.3 Manufacturers are responsible for understanding the full cost of services before engaging approved providers
8.4 Manufacturers must negotiate service costs directly with approved providers
8.5 Any costs exceeding the approved subsidy amount must be paid directly by the manufacturer to the service provider
8.6 MSQ is not liable for any costs exceeding the approved subsidy amount
8.7 It is the manufacturer’s responsibility to monitor service costs and ensure they remain within budget.
8.8 If the cost of services accessed is below the subsidy amount, the remaining balance is non-transferable and cannot be redeemed for cash, credit, or any other form of compensation.
9) Approval authority
9.1 MSQ reserves the right to approve or decline applications at its sole discretion. All decisions are final.
10) Compliance and reporting
10.1 Subsidy recipients must:
i) Use the subsidy only for approved purposes
ii) Maintain accurate records of all subsidised services
iii) Provide progress updates to the IWA as requested
iv) Complete the Industry Survey when requested
v) Participate in case studies and promotional activities when requested
11) Monitoring and evaluation
11.1 MSQ reserves the right to:
i) Monitor the use of subsidy funds
ii) Request documentation and evidence of service delivery
iii) Conduct interviews as part of program evaluation
iv) Require repayment of funds if terms and conditions are breached
12) Breach and repayment
12.1 A breach occurs if the recipient:
i) Provides false or misleading information
ii) Uses the subsidy for ineligible purposes
iii) Fails to meet program commitments
iv) Does not comply with these Terms and Conditions
v) 10.2 In the event of a breach, MSQ may:
vi) Suspend or terminate the subsidy
vii) Require full or partial repayment of funds
viii) Exclude the business from future MSQ programs
ix) Take legal action to recover funds
13) General terms
13.1 MSQ reserves the right to vary these Terms and Conditions at any time. Applicants will be notified of any material changes.
13.2 MSQ reserves the right to close the program at any time, subject to available funding.
13.3 All information provided will be handled in accordance with relevant privacy legislation. Information may be used for program evaluation, reporting, and promotional purposes.
13.4 Any materials, plans, or documents developed with subsidy support remain the property of the recipient business, subject to MSQ’s right to use de-identified information for promotional and reporting purposes.
13.5 MSQ is not liable for any loss, damage, or injury arising from participation in this program or the use of subsidised services.
13.6 These Terms and Conditions are governed by the laws of Queensland, Australia.
Definitions
“Applicant” means a business applying for the subsidy.
“Approved Provider” means a service provider on MSQ’s approved panel of HR support providers.
“Industry Workforce Advisor (IWA)” means MSQ’s designated advisor who assists businesses with workforce planning.
“Small Business” means an enterprise that employs fewer than 20 people, as defined by the Australian Bureau of Statistics (ABS).
“Supply Queensland” means MSQ’s online platform for supplier registration and job posting.
“Workforce Plan” or “Approved Workforce Plan” means a documented plan developed in consultation with the IWA outlining the business’s workforce development strategy.
1. Services
1.1 The Supplier will provide the Services and the Deliverables as specified in the Details and the Schedule(s).
1.2 The Services must be provided:
(a) with due care and skill to the best of the Supplier’s ability and with the standard of care of a professional performing
similar services;
(b) during the Term at the times specified in the Details and the Schedule(s) (if applicable) or otherwise in a timely manner;
(c) in accordance with all applicable laws;
(d) in accordance with the Details and the Schedule(s); and
(e) in accordance with any directions, standards, policies or procedures specified in this agreement or otherwise notified by the Customer from time to time.
1.3 The Supplier must immediately correct at its own cost and expense, upon written request from the Customer to that effect, any Services or Deliverables not in conformity with the terms and conditions of this agreement including all warranties provided by the Supplier under this agreement.
1.4 In addition to the Services, each party will perform any marketing, promotional and management activities designated to that party in the Schedule(s).
1.5 The Supplier may perform work for others so long as the Supplier does not engage, either directly or indirectly, in any activity which would conflict either with the Supplier’s provision of the Services or the Deliverables, or with the Customer’s interests. The Supplier must at all times inform the Customer immediately in writing of any situation, event or mandate which could potentially cause, directly or indirectly, conflict with the Customer’s interests.
1.6 To the extent that the Services are provided by way of remote access into the Customer’s information technology systems or otherwise, the Supplier must comply with all relevant policies and procedures of the Customer which may be in place from time to time. The consent for any remote access is at the sole discretion of the Customer and the Customer may block or suspend such access any time and for any reason.
2. Additional Services
2.1 The Customer may request additional services from the Supplier, or the parties may agree that the Supplier provide additional services, or the Supplier may propose to deliver additional services from time to time under this agreement. The Customer may, at its sole discretion, accept or reject the Supplier’s proposal to deliver additional services. The provision of any such additional services must be documented in writing as an additional Schedule to this agreement and executed by both parties prior to the services being provided.
2.2 The Customer will provide further particulars of the Fees for the agreed additional services to the Supplier once the Customer has agreed that additional services will be delivered under this Agreement. The Supplier must agree to the Fees (as may be negotiated) prior to executing the additional Schedule under clause 2.1. The Supplier will be deemed, by executing the additional Schedule, to have accepted the Fees provided in that Schedule.
3. Deliverables
3.1 If any Deliverables provided by the Supplier to the Customer are not, in the reasonable opinion of the Customer, in conformity with the requirements of this agreement including any warranties provided under this agreement, or are not delivered in accordance with any applicable Milestones or timelines specified in this agreement, the Customer may reject the Deliverable and withhold any portion of the Fees payable with respect to that Deliverable.
4. Services Management Framework
4.1 The Supplier must ensure that its Contract Manager arranges regular meetings with the Customer’s Contract Manager throughout the Term, and upon request by the Customer’s Contract Manager from time to time, to ensure effective communication, coordination, and service delivery oversight.
4.2 Each party must promptly notify the other party of any changes to that party’s Contract Manager or related management structure during the Term.
4.3 The Supplier must provide timely and detailed progress updates to the Customer’s Contract Manager via email or other agreed communication methods during the Term, and upon request by the Customer’s Contract Manager from time to time. These updates must outline the status of the Services, Milestones achieved, and any emerging issues requiring immediate attention.
4.4 Both parties must discuss and agree upon any adjustments to timelines, Milestones or Deliverables arising from unforeseen circumstances. The Customer may approve or reject any such adjustments at its sole discretion.
4.5 The Supplier must achieve any Key Performance Indicators and collaboratively review with the Customer performance metrics including timelines, Deliverables and outcomes during regular check-ins. This includes the Supplier sharing resources, draft materials, and reports for review and ensuring concerns raised by the Customer are acknowledged and addressed in a timely and effective manner.
5. Personnel
5.1 The Supplier will ensure that the Key Personnel (if any):
(a) perform the roles specified for them in the Schedule(s) (if applicable);
(b) are not removed or replaced without reasonable prior notice to the Customer (except for serious illness, incapacity, or death, or other circumstances that reasonably make providing further notice impracticable); and
(c) if replaced, are replaced by persons who have at least equivalent qualifications and experience to perform the role specified for them in the Details.
5.2 The Supplier acknowledges and agrees that, in addition to any other rights Customer has under this Agreement, Customer may at its absolute discretion terminate the involvement of any of the Supplier’s Personnel in the provision of the Services immediately if, in the opinion of Customer, the relevant individual has committed an act of misconduct, or is incompetent or negligent in the performance of the Services, or is unable to work cooperatively with staff, agents, contractors or suppliers of the Customer.
5.3 If the Customer decides that any of the Personnel are not competent or suitable to perform the relevant work pursuant to clause 5.2 above, the Customer will notify the Supplier that the Supplier must not use that person to perform work involved in providing the Services, and the Supplier must comply with that notice at its expense and replace that person with a competent and qualified person approved in advance and in writing by Customer.
5.4 The Supplier must make all payments, provide all benefits and otherwise comply with all requirements of contracts of employment or engagement, and with all employment-related laws and other applicable laws, with respect to any Personnel engaged to perform the Services, including without limitation:
(a) paying remuneration (including salary and non-salary);
(b) making superannuation contributions in accordance with applicable law; and
(c) paying or granting entitlements to annual leave, personal/carer’s leave, long service leave, compassionate leave, parental leave or any other leave.
5.5 The Supplier must comply with all legislative requirements with respect to itself and any of its Personnel including workers compensation insurance and associated obligations, payroll tax, PAYG withholding tax and fringe benefits tax (as applicable).
5.6 Neither party may, without the prior written consent of the other party, during the Term and for a period of twelve (12) months after the expiry or termination of this agreement, directly or indirectly engage, employ, solicit or otherwise retain any person who is an employee of or engaged by the other party and who is or was engaged in the performance of this agreement. However, this clause does not prevent either party from employing or engaging a person who responds to a genuine advertisement placed by or on behalf of that party in good faith.
6. Warranties
6.1 The Supplier warrants that:
(a) it is validly existing and in good reputable and financial standing;
(b) it has complete and unrestricted power and authority to enter into this agreement and perform the Services and its other obligations under this Agreement;
(c) it possesses and will maintain, at its sole expense, all licences and permits required by applicable law or as reasonably required by the Customer to provide the Services;
(d) the Services will be fit for the purpose intended by the Customer;
(e) it is, and its Personnel will at all times be, suitably qualified and experienced to perform the work required to deliver the Services;
(f) it and the Personnel possess, and will use and apply, the skill, competence, capacity and resources necessary to successfully carry out the Services; and
(g) without limiting any other provision of this Agreement, that the consumer guarantees provided under Division 1 of Part 3-2 of the Australian Consumer Law will form part of this agreement, whether or not Customer is a “consumer” within the meaning of the Australian Consumer Law in relation to the performance of the Services.
7. Fees and Approved Expenses
7.1 The Customer must pay the Fees as agreed in the Schedule(s).
7.2 Unless otherwise stated in the Schedule(s), the Fees are inclusive of all charges, expenses and overheads, and all taxes and duties, except for GST.
7.3 Subject to clause 7.4, the Supplier must provide at its expense all consumables, equipment and materials that are necessary to provide the Services and the Deliverables, other than any consumables, equipment and materials which are agreed in writing to be provided or procured by the Customer.
7.4 Subject to provision of receipts or other probative evidence of the Supplier incurring the relevant expense, the Supplier may recover from the Customer any Approved Expenses as set out in the Schedule(s).
8. Payment
8.1 The Supplier may invoice the Customer for Fees and Approved Expenses in accordance with the Schedule(s).
8.2 If the Customer disputes an invoice, the dispute must be referred for resolution under clause 17. The Customer has the right to withhold payment of any disputed invoice until the dispute is resolved.
8.3 Invoices are payable by the Customer within 30 calendar days of receipt of a valid tax invoice, contingent upon the formal review and acceptance of all corresponding Deliverables and Milestones by the Customer.
8.4 If an invoice does not adhere to the requirements of this agreement (e.g., incomplete or late Deliverables, incorrect or missing documentation), the Customer may return the invoice to the Supplier for correction and it will not be deemed issued until compliance is achieved.
8.5 Tax Invoice Addressee: All tax invoices should be addressed to: Manufacturing Skills Queensland Limited, Ground Floor, Suite 2, 87 Wickham Terrace, Spring Hill, QLD 4000
8.6 Tax Invoice Details: The Supplier must ensure that Supplier tax invoices do not reference any employee names. The tax invoice must include the Supplier’s legal entity name and ABN. All tax invoices must also include the relevant Purchase Order (PO) numbers.
8.7 Tax Invoice Submission: The Supplier must send all tax invoices to the following email address: [email protected]. The Supplier may also copy the Customer’s Contract Manager.
8.8 The Customer reserves the right to request additional information or clarification regarding any invoice, supporting documentation, Milestone or Deliverable.
8.9 The Customer may set off against any amount due for payment by it to the Supplier any amount payable by the Supplier to the Customer.
9. Insurance
9.1 The Supplier must effect and maintain the insurance requirements set out in the Details during the Term.
9.2 If an insurance policy effected and maintained under this clause 9 is a claims made policy, the Supplier must maintain a current policy for at least 7 years after the expiration or termination of this agreement.
9.3 On receipt of a written request by the Customer, the Supplier must provide documentary evidence to the Customer that the insurances required under this clause 9 are current and in force.
10. GST
10.1 In this clause 10, words and expressions which have a defined meaning in A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning as in that Act.
10.2 Unless expressly stated, all moneys or other sums payable or consideration to be provided under this agreement are exclusive of GST.
10.3 If GST is payable on any supply made under this agreement, the recipient will pay to the Supplier an amount equal to the GST payable on the supply at the same time that the consideration for the supply is to be provided under this agreement.
10. 4The Supplier must deliver a tax invoice or an adjustment note to the recipient before the Supplier is entitled to payment of an amount under clause 10.3. The recipient can withhold payment of the amount until the Supplier provides a tax invoice or adjustment note as appropriate.
10.5 If an adjustment event arises in respect of a taxable supply made by a Supplier under this agreement, the amount payable by the recipient under clause 10.3 will be recalculated to reflect the adjustment event and a payment will be made by the recipient to the Supplier or by the Supplier to the recipient as the case requires.
10.6 Where a party is required under this agreement to pay or reimburse an expense or outgoing of another party, the amount to be paid or reimbursed by the first party will be the sum of:
(a) the amount of the expense or outgoing less any input tax credits in respect of the expense or outgoing to which the other party, or to which the representative member for a GST group of which the other party is a member, is entitled; and
(b) if the payment or reimbursement is subject to GST, an amount equal to that GST.
11. Term, Suspension and Termination
11.1 This agreement will start on the Commencement Date and will continue for the Term.
11.2 The Customer will have the right to suspend this agreement if the Customer is in breach of these Terms and Conditions.
11.3 Either party may terminate this agreement if:
(a) the other party is in material breach of this agreement and the breach cannot be remedied;
(b) the other party is in breach of any term of this agreement which is capable of remedy and such breach is not remedied within thirty (30) days of receipt of notice of such breach, or within seven (7) days of receipt of notice in the event of a failure to pay any monies due under this agreement; or
(c) the other party is subject to an Insolvency Event.
11.4 Neither party is entitled to compensation as a result of the other party’s termination of this agreement under this clause.
11.5 On termination, the Supplier may render invoices to the Customer up to the date of termination, and the Customer must pay all amounts due and owing to the Supplier.
12. Liability
12.1 Neither party will be liable to the other whether in contract, tort (including negligence) or otherwise in connection with this agreement, for loss or damage to the extent that the other party (or the other party’s Personnel) contributed to the loss or damage.
12.2 To the extent permitted by law, neither party will be liable to the other party for any loss of profit, loss of revenue, loss of contract value, loss of anticipated profit, loss of opportunity or any other indirect or consequential loss not arising as a natural consequence of a breach or other event giving rise to liability of a party, suffered or incurred by the other party whether in contract, tort (including negligence) or otherwise in connection with this agreement.
12.3 A party who suffers loss or damage must use reasonable steps to mitigate its loss. The other party will not be responsible for any loss, damage or expenses to the extent that the injured party could have avoided or reduced the amount of the loss, damage or expense, by taking reasonable steps to mitigate its loss.
13. Intellectual Property
13.1 The Supplier warrants, and it is a condition of this agreement, that:
(a) the performance and provision of the Services, and the Materials, will not infringe the Intellectual Property Rights of any third party; and
(b) the Materials will not incorporate any third party materials other than any materials provided by the Customer, without the prior written consent of the Customer.
13.2 The Customer will own all Intellectual Property Rights in the Materials (other than the Supplier’s Intellectual Property Rights with respect to materials or methods which were in existence prior to the commencement of the Term or were created independently of the Services (“Supplier Background IP“)). The Supplier hereby assigns to the Customer (at no cost to the Customer) all such Intellectual Property Rights on and from creation. If requested by the Customer, the Supplier will sign all documents and do anything else reasonably required by the Customer to effect, confirm, perfect or register the assignment contemplated by this clause 13.2.
13.3 The Supplier grants the Customer an irrevocable, unconditional (subject to this clause), perpetual, royalty-free, non-exclusive, worldwide, transferable and sublicensable licence to exercise the Supplier Background IP to the extent required to enjoy the benefit of (including commercialise) the Services or the Materials.
13.4 The Supplier warrants, and it is a condition of this agreement that, it has or will put in place appropriate contractual assignments with all Personnel which it proposes to engage to assist in providing the Services which will enable it to fully comply with its obligations under this clause 13.
13.5 The Supplier must obtain consents from all Personnel to any act or omission by the Customer which may otherwise be a breach of any Moral Rights that any Personnel may have in any Materials created by the Supplier or any Personnel in the course of providing the Services.
13.6 The Supplier must not use the name, trade marks, logos or any other Intellectual Property Rights of the Customer including in any marketing, media, promotional or other materials, without the prior written consent of the Customer.
14. Confidentiality
14.1 The Supplier agrees to keep all Confidential Information delivered, made available or otherwise acquired pursuant to this agreement confidential and agrees only to use such Confidential Information for the sole purpose of providing the Services and not to disclose any Confidential Information to any third party unless permitted under this agreement or if Customer has consented to such disclosure by prior written consent. The Supplier does not acquire any right, title or interest in or to any Confidential Information of Customer.
14.2 The Supplier acknowledges that the terms of this agreement are confidential and should be treated in accordance with this clause 14.
14.3 A disclosure by the Supplier of Confidential Information in response to a valid order by a court of law or other governmental body, or as otherwise required by law, shall not be considered to be a breach of this agreement, provided that:
(a) the Supplier only discloses the Confidential Information to the extent necessary to comply with such requirement;
(b) the Supplier provides prior written notice as soon as reasonably practical to Customer to enable it to seek a protective order or otherwise prevent or contest such disclosure; and
(c) the Supplier must comply with any reasonable direction of Customer to prevent or minimise such disclosure.
14.4 Notwithstanding the foregoing, the Supplier may disclose Confidential Information to its Personnel, on a need to know basis, where the disclosure is essential to enable the performance of their duties in connection with this agreement, and only after such Personnel have been advised of the confidential nature of such information and agreed to be bound by an obligation of confidentiality to Customer under agreement, which is at least as restrictive as those set out in this Agreement.
14.5 Customer may at any time require the Supplier or any of its Personnel to execute without delay a deed of confidentiality between Customer and the Supplier or any or all of its Personnel in a form reasonably acceptable to Customer.
14.6 The Supplier must establish and maintain effective security measures to protect the Confidential Information against unauthorised access, copying, use or disclosure.
14.7 If the Supplier becomes aware of any unauthorised access to, copying, use or disclosure of Confidential Information, or any suspected or possible breach of this agreement, the Supplier must:
(a) immediately notify Customer in writing giving details of the suspected or possible breach;
(b) do everything necessary to remedy the unauthorised access to, use or disclosure of the Confidential Information, or to prevent the suspected or possible breach of this agreement;
(c) comply with all written directions from Customer in relation to the actual, suspected or possible breach of this agreement; and
(d) provide all assistance required by Customer in connection with proceedings which Customer may institute against any person for breach of confidence or otherwise.
15. Privacy
15.1 With respect to any Personal Information that the Supplier or its Personnel collect or handle in the course of providing the Services or in respect of this agreement, the Supplier must comply with (and must ensure its Personnel comply with):
(a) the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (disregarding any exemption based on business size or turnover); and
(b) any privacy policies of the Customer.
15.2 Without limitation to any other provision in this clause 15, if requested by the Customer, the Supplier must do all that is necessary on its part to enable the Customer to comply with any privacy legislation applicable to the Customer it and must not do anything that would cause the Customer to be in breach of any privacy legislation which is applicable to the Customer.
15.3 The Supplier must, in relation to Personal Information collected or handled in connection with the provision of the Services or in respect to this agreement:
(a) comply with all reasonable directions of the Customer which the Customer considers necessary to assist Customer (including provision of privacy collection statements in the form specified by the Customer from time to time);
(b) promptly, but in any event within seven days, notify Customer of any actual or suspected privacy related complaint received by, or any actual or suspected breach of the Australian Privacy Principles by the Supplier or any of its Personnel;
(c) immediately notify the Customer if the Supplier has reasonable grounds to believe or to suspect that an eligible data breach (as that term is defined by the Privacy Act 1988 (Cth)) of the Supplier has occurred; and
(d) provide all information and assistance reasonably requested by the Customer in relation to any actual or suspected privacy breach or complaint related to the Customer or the provision of the Services or in respect to this agreement.
15.4 If an eligible data breach notified under clause 3(c) may also be an eligible data breach of the Customer (in its opinion acting reasonably), then the Customer may by notice to the Supplier assume control of any assessment, remedial action, preparation of a statement and/or notification required under the Privacy Act 1988 (Cth) in connection with that eligible data breach.
15.5 The Supplier must obtain all appropriate consents from any Personnel before providing to the Customer any personal information relating to those Personnel.
15.6 In performing the Services, the Supplier will not transfer, including by way of remote access, any Personal Information outside of Australia without the prior written consent of the Customer.
16. Force Majeure
16.1 If an event of Force Majeure arises, the affected party (Affected Party) must give written notice to the other party as soon as reasonably practical of:
(a) the nature of the event of Force Majeure; and
(b) each obligation the Affected Party:
(i) is prevented or is likely to be prevented from performing; or
(ii) will be delayed in performing and the anticipated duration of the delay, and each party shall make all reasonable efforts to minimise the effects of the event of Force Majeure.
16.2 Neither party is responsible or liable for any omission or delay under this agreement as a result of an event of Force Majeure, with the exception of the Customer’s obligation to pay any amount due to the Supplier under this agreement.
17. Dispute Resolution
17.1 A party may not commence legal proceedings against the other party (except for urgent interlocutory relief) unless the party has complied with this clause 17.
17.2 If a dispute arises in relation to this agreement, the disputing party must give notice of the dispute to the other party, and each party must use all reasonable endeavours to resolve the dispute.
17.3 If the dispute remains unresolved fourteen (14) days after notice under clause 17.2, the parties (acting reasonably) may agree to mediate the dispute before a person agreed to by the parties, or if no person is agreed, a mediator nominated by the President of the Queensland Law Society or the President’s nominee.
17.4 Unless otherwise agreed between the parties,
(a) mediation will take place in Brisbane, Australia; and
(b) the parties will be entitled to legal representation.
17.5 Each party will use all reasonable endeavours to resolve the dispute through mediation as soon as practical including, but not limited to, providing the mediator with all information relevant to the dispute.
17.6 Each party must bear its own costs of complying with this clause 17 and bear equally the mediator’s costs.
17.7 If the dispute remains unresolved thirty (30) days after the appointment of the mediator, a party that has complied with this clause 17 may terminate the dispute resolution process by giving notice to the other party in writing and commence legal proceedings.
17.8 If a party breaches this clause 17 the other party need not comply with this clause.
17.9 Nothing in this clause prevents a party from applying to a court for urgent interlocutory relief.
18. Publicity
18.1 The Supplier must not, either alone or jointly with others, publish any information relating to the Services or the Deliverables without the prior written approval of the Customer. The Customer may give or withhold its approval at its sole discretion, and if its approval is given it may be given subject to conditions including that the Customer is appropriately acknowledged in any publication.
18.2 The Supplier grants to the Customer a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence to use the Supplier’s name and the corporate logo of the Supplier in order to identify the Supplier as a current or former supplier of the Customer or creator of the Deliverables, including without limitation on the Customer’s website and for the purpose of marketing or promoting the Customer, the Deliverables or any business or operations of the Customer.
19. General
19.1 The parties must comply with any Special Conditions stated in the Schedule(s). In the event of any inconsistency between these Terms and Conditions and the Special Conditions, the Special Conditions will prevail to the extent of the inconsistency.
19.2 The Supplier may not assign, transfer or novate any of its rights or obligations under this agreement without the Customer’s prior written consent (which will not be unreasonably withheld). The Customer may assign the benefit of this agreement without the Supplier’s consent. If requested, the Supplier will enter into a deed of novation of this agreement with a third party nominated by the Customer.
19.3 The Supplier may not subcontract any of its rights or obligations under this Agreement without the prior written consent of the Customer and subject always to clause 19.4.
19.4 For the avoidance of doubt, the Contractor will continue to be bound by, and responsible for performance of, its obligations under this agreement despite that part or all of it may have been subcontracted under clause 19.3 and the Contractor shall indemnify the Customer for the acts and omissions of the subcontractor.
19.5 For the purposes of this agreement all notices to a party must be sent to the party’s Address for Notice. Any notice will be deemed effective upon physical delivery. In the case of notice delivered by pre-paid mail, the notice will be deemed delivered three (3) Business Days after the date of posting within Australia, or ten (10) Business Days after the date of posting if sent via pre-paid airmail from outside of Australia. A notice sent by email will be deemed received at the time of sending unless the sender receives notification that the email could not be delivered. Any notice delivered on a day that is not a Business Day or after 5pm AEST on a Business Day will be deemed received at 9am AEST on the following Business Day.
19.6 This agreement sets out all the parties’ rights and obligations relating to the subject matter therein, and it replaces all earlier representations, statements, agreements and understandings except as stated otherwise in this agreement.
19.7 To the extent that any portion of this agreement is void or is otherwise unenforceable in any jurisdiction, then that portion will be severed in that jurisdiction and in that jurisdiction this agreement will be construed as if the severable portion had never existed.
19.8 Clauses and rights in this agreement can only be waived in writing signed by the waiving party. Failure or delay of a party in exercising a right under this agreement does not waive the party’s rights. A waiver will only waive the particular rights in the particular circumstances and will not waive any other rights, or the same rights in other circumstances.
19.9 The relationship between the parties is of principal and contractor. This agreement does not create any partnership, joint venture, agency or employment relationship.
19.10 Each party will bear its own costs in relation to the preparation, negotiation and execution of this agreement and any variations.
19.11 This agreement is governed by and is to be construed in accordance with the laws applicable in Queensland, Australia. Each party submits to the exclusive jurisdiction of the courts of Queensland, Australia.
19.12 This agreement may consist of a number of counterparts and, if so, the counterparts taken together constitute one agreement.
19.13 The parties consent to electronic execution of this agreement.
20. Definitions
20.1 Address for Notice means a party’s address for notice specified in the Details.
20.2 Approved Expenses means the expenses described as such in the Schedule(s).
20.3 Australian Consumer Law means the Australian Consumer Law as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
20.4 Business Day means a day that is not a Saturday, Sunday or public holiday in Brisbane, Queensland.
20.5 Commencement Date means the date specified in the Details.
20.6 Confidential Information means:
(a) all oral or written information, data, intellectual property, knowledge, experience and other information relating to the Customer, (and any information, materials or analysis derived from, containing or reflecting such information), whether of a financial, operational, technical, technological, marketing, sales or legal nature and whether disclosed or acquired directly or indirectly before or after the date of this agreement;
(b) information about the Services and the Deliverables and the existence and contents of any document, agreement, meeting or discussions between the parties about the provision of the Services; and
(c) all information made available by or on behalf of the Customer which by its nature is confidential or the Supplier knows, or ought to know, is confidential, but does not include any Excluded Information.
20.7 Customer means the party specified as such in the Details.
20.8 Deliverable means a deliverable to be provided to the Customer as described in the Schedule(s).
20.9 Details means the table headed “Contract Details” at the beginning of this document.
20.10 Excluded Information means information that the Supplier establishes:
(i) is in or enters into the public domain through no fault of the Supplier or the Personnel of the Supplier;
(ii) is already lawfully known to the Supplier or the Personnel on a non-confidential basis or is disclosed to any of them from another source otherwise than in breach of this agreement; and
(iii) is acquired lawfully from a third party entitled to disclose it.
20.11 Fees means the fees specified in the Schedule(s).
20.12 Force Majeure means an extraordinary and unforeseeable event beyond the reasonable expectation of this agreement or control of any party to this agreement including, but not limited to:
(a) act of God, earthquake, cyclone, fire, explosion, flood, landslide, lightning, storm, tempest, drought or meteor;
(b) war (declared or undeclared), invasion, act of a foreign enemy, hostilities between nations, civil insurrection or militarily usurped power;
(c) act of public enemy, sabotage, malicious damage, terrorism or civil unrest;
(d) confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint or damage to property by or under the order of any government or government authority; and
(e) strikes, blockades, lock out or other industrial disputes.
20.13 GST has the meaning given in the GST Law.
20.14 GST Law has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
20.15 Insolvency Event means the occurrence of any one or more of the following events regarding any party to this agreement:
(a) a meeting has been convened, resolution proposed, petition presented or order made for the winding up of that party;
(b) a receiver, receiver and manager, provisional liquidator, liquidator, or other officer of the Court, or other person of similar function has been appointed regarding all or any material asset of the party;
(c) a security holder, mortgagee or chargee has taken attempted or indicated an intention to exercise its rights under any security of which the party is the security provider, mortgagor or chargor; or
(d) an event has taken place with respect to the party which would make, or deem it to be, insolvent under any law applicable to it.
20.16 Intellectual Property Rights means:
(a) all rights conferred by statute, common law or in equity and subsisting anywhere in the world in relation to:
(i) copyright;
(ii) inventions (including patents, innovation patents and utility models);
(iii) confidential information, trade secrets, technical data and know-how;
(iv) designs;
(v) trademarks;
(vi) plant breeders’ rights; and
(vii) circuit layout designs, topography rights and rights in databases,
whether any of these is registered, registrable or patentable;
(b) any other rights resulting from intellectual activity in the industrial, commercial, scientific, literary or artistic fields which subsist or may hereafter subsist; and
(c) any licence or other similar right from a third party to use any of the above,
but excluding any moral rights and similar personal rights which by law are non-assignable.
20.17 Key Personnel means the persons specified as such in the Schedule(s).
20.18 Materials means the Deliverables and any other documents, discussion papers, sketches, reports, results, data, diagrams or material prepared in relation to the Services or in the course of or incidental to the provision of the Services to the Customer by the Supplier under this agreement and for the avoidance of doubt includes any materials developed before the date of this agreement which relate to the provision of the Services.
20.19 Moral Rights means:
(a) a right of attribution of authorship,
(b) a right not to have authorship falsely attributed; and/or
(c) a right of integrity of authorship,
as defined in the Copyright Act 1968 (Cth).
20.20 Personal Information has the meaning given in the Privacy Act 1988 (Cth);
20.21 Personnel means a party’s officers, directors, employees, contractors and agents.
20.22 Services means the services the Supplier is to provide the Customer as described in the Details and the Schedule(s).
20.23 Special Conditions means the special conditions included in the Schedule(s) (if any).
20.24 Term means the term of this agreement as specified in the Details.
21. Interpretation
In this agreement, unless the context otherwise requires:
21.1 A reference to an agreement includes any variation or replacement of the agreement.
21.2 If the due date for any obligation is not a Business Day, the due date will be the next Business Day.
21.3 All currency amounts are in Australian dollars.
21.4 Headings are provided for convenience and do not affect the interpretation of the documents making up this agreement.
21.5 The words “include”, “includes” and “including” must be read as if followed by the words “without limitation”.
21.6 The singular includes the plural and the plural includes the singular.
21.7 If a word or phrase is defined its other grammatical forms have corresponding meanings.
21.8 Agreements, representations and warranties made by two or more people will bind them jointly and severally.
21.9 A reference to any legislation includes any consolidation, amendment, re-enactment or replacement of legislation.
21.10 A person includes the person’s executors, administrators and permitted novatees and assignees.
21.11 No rule of construction will apply to a provision of a document to the disadvantage of a party merely because that party drafted the provision or would otherwise benefit from it.
Competitions