Terms & Conditions

In these Terms and Conditions, unless the context otherwise requires:

• "Cable Co", "we", "us", "our" means Cable Co Pty Ltd (ABN 14 643 292 692), its officers, employees, contractors, and agents.
• "Client", "you", "your" means any person or entity that accesses our website, engages our services, or uses the Zayin.ai platform.
• "Services" means the electrical, telecommunications, engineering, security, maintenance, and related services provided by Cable Co.
• "Website" means www.cable-co.com.au, cableco.ai, and all associated subdomains and pages.
• "Zayin.ai Platform" means the AI-powered contractor management platform operated by Cable Co at zayin.ai and related subdomains.
• "ACL" means the Australian Consumer Law, being Schedule 2 of the Competition and Consumer Act 2010 (Cth).
• "Business Day" means a day that is not a Saturday, Sunday, or public holiday in New South Wales.
• "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Headings are for convenience only and do not affect interpretation. Words importing the singular include the plural and vice versa. A reference to legislation includes any amendment, re-enactment, or replacement of that legislation.

These Terms and Conditions are subject to and must be read in conjunction with the following legislation:

• Competition and Consumer Act 2010 (Cth) — including the Australian Consumer Law (Schedule 2)
• Fair Trading Act 1987 (NSW) — consumer protection and unfair contract terms
• Home Building Act 1989 (NSW) — contractor licensing, statutory warranties for residential building work and specialist work
• Building and Construction Industry Security of Payment Act 1999 (NSW) — payment rights and adjudication for construction work
• Work Health and Safety Act 2011 (NSW) — duties of persons conducting a business or undertaking (PCBU)
• Electricity Supply Act 1995 (NSW) — Accredited Service Provider (ASP) obligations
• Security Industry Act 1997 (NSW) — Master Security Licence obligations
• Civil Liability Act 2002 (NSW) — proportionate liability and limitation of damages
• Limitation Act 1969 (NSW) — limitation periods for causes of action
• Electronic Transactions Act 1999 (Cth) — validity of electronic contracts and communications
• Privacy Act 1988 (Cth) — handling of personal information (see our Privacy Policy)

Nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies available to you under the ACL or any other applicable legislation that cannot be excluded, restricted, or modified by agreement.

By accessing or using our Website, engaging our Services, or registering on the Zayin.ai Platform, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms, you must not access or use our Website or Services.

These Terms constitute a legally binding agreement between you and Cable Co in accordance with the Electronic Transactions Act 1999 (Cth) and the Electronic Transactions Act 2000 (NSW).

We reserve the right to amend these Terms at any time. Material changes will be notified through our Website. Your continued use of the Website or Services after any amendment constitutes your acceptance of the amended Terms.

You agree to use our Website only for lawful purposes and in a manner consistent with these Terms. You must not:

• Use the Website in any way that breaches any applicable law or regulation, including the Criminal Code Act 1995 (Cth) and the Crimes Act 1900 (NSW)
• Attempt to gain unauthorised access to any part of the Website, server, or database connected to the Website
• Introduce any virus, trojan, worm, or other malicious software
• Use automated tools, bots, or scrapers to access or collect data from the Website without our written consent
• Reproduce, duplicate, copy, sell, or exploit any part of the Website for commercial purposes without our express written permission
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Submit false, misleading, or deceptive information through any form or communication channel on the Website

We reserve the right to restrict or terminate your access to the Website at any time, without notice, if we reasonably believe you have breached these Terms.

Cable Co provides electrical, telecommunications, engineering, security, maintenance, and related infrastructure services. The specific scope, terms, and conditions of any Services engagement will be set out in a separate quotation, proposal, or contract.

All Services are provided with due care and skill in accordance with the standards reasonably expected of a qualified and experienced provider of such services. Where Services constitute "services" within the meaning of the ACL, the consumer guarantees under Division 1 of Part 3-2 of the ACL apply (see Section 8).

Where Services involve residential building work or specialist work as defined under the Home Building Act 1989 (NSW), the statutory warranties under Part 2C of that Act apply, including warranties that the work will be performed with due care and skill, in accordance with the plans and specifications, and using suitable materials.

Unless otherwise stated in writing, all quotations provided by Cable Co are valid for 30 days from the date of issue. Quotations are estimates only and may be subject to variation based on site conditions, scope changes, or unforeseen circumstances.

All prices are quoted in Australian Dollars (AUD) and are exclusive of GST unless otherwise stated. GST will be added to all taxable supplies in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

We reserve the right to adjust pricing for materials and labour in accordance with market conditions, provided that we will notify you of any material price changes before proceeding with the affected work.

Unless otherwise agreed in writing, payment terms are as follows:

• Invoices are due for payment within 30 days of the date of invoice
• For projects exceeding $20,000 (ex. GST), progress claims may be issued monthly or at agreed milestones
• A deposit of up to 10% of the contract value may be required before commencement of work, in accordance with section 8 of the Home Building Act 1989 (NSW) where applicable

Late payments will incur interest at the rate of 2% per month (or part thereof) on the outstanding amount, calculated from the due date until the date of payment. This is without prejudice to any other rights or remedies available to us.

Our rights under the Building and Construction Industry Security of Payment Act 1999 (NSW) are reserved. We may exercise our right to suspend work or make an adjudication application in accordance with that Act if payment claims are not paid by the due date.

Where our Services are supplied to a "consumer" within the meaning of the ACL, the following consumer guarantees apply and cannot be excluded:

• Section 60 ACL — Services will be rendered with due care and skill
• Section 61 ACL — Services will be fit for any particular purpose made known to us, and will achieve any result that you have made known to us
• Section 62 ACL — Services will be supplied within a reasonable time (where no time is specified)

Where goods are supplied in connection with our Services, the consumer guarantees under sections 54-57 of the ACL apply, including guarantees of acceptable quality, fitness for purpose, and correspondence with description.

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

To the maximum extent permitted by law, and subject to the consumer guarantees under the ACL that cannot be excluded:

• Our total aggregate liability to you for all claims arising out of or in connection with these Terms or our Services shall not exceed the total fees paid by you to us in the 12 months preceding the claim
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunity, or business interruption, however caused and on any theory of liability
• Where our liability cannot be excluded but can be limited under section 64A of the ACL, our liability is limited (at our option) to the re-supply of the Services or the payment of the cost of having the Services re-supplied

The limitations in this section apply to the extent permitted by the Civil Liability Act 2002 (NSW), including the proportionate liability provisions in Part 4 of that Act.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

You agree to indemnify and hold harmless Cable Co, its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your breach of these Terms
• Your use of our Website or Services in a manner not authorised by these Terms
• Any information or content you submit through our Website that is false, misleading, or infringes the rights of any third party
• Your failure to comply with any applicable law or regulation

This indemnity is a continuing obligation, independent of the other obligations under these Terms, and survives termination of these Terms. It is not necessary for us to incur expense or make payment before enforcing a right of indemnity under this clause.

All intellectual property rights in the Website, including but not limited to text, graphics, logos, images, software, and design elements, are owned by or licensed to Cable Co and are protected by the Copyright Act 1968 (Cth), the Trade Marks Act 1995 (Cth), and applicable international intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use any content from our Website without our prior written consent, except as permitted by the fair dealing provisions of the Copyright Act 1968 (Cth).

The Cable Co name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Cable Co or its affiliates. You must not use such marks without our prior written permission.

The following additional terms apply to the use of the Zayin.ai Platform:

• Registration: Contractors must provide accurate and complete registration information, including valid trade licences, insurance certificates, and qualifications. Providing false or misleading information is a breach of these Terms and may constitute an offence under the Crimes Act 1900 (NSW).
• Compliance: All contractors on the Zayin.ai Platform must maintain current and valid licences, insurance, and qualifications as required by applicable legislation. Cable Co reserves the right to suspend or remove any contractor who fails to maintain compliance.
• Quality Scoring: The Zayin.ai Platform uses AI-powered quality scoring to rank contractors based on performance, safety, compliance, and client satisfaction. Scores are calculated algorithmically and are used to determine work allocation priority.
• Fees: The Zayin.ai Platform is free for contractors to join and use. Cable Co reserves the right to introduce platform fees in the future, with reasonable notice provided to registered contractors.
• Data: Information submitted to the Zayin.ai Platform is handled in accordance with our Privacy Policy. Performance data and quality scores may be shared with clients for the purpose of contractor selection.
• Termination: Cable Co may suspend or terminate a contractor's access to the Zayin.ai Platform at any time for breach of these Terms, failure to maintain compliance, or conduct that brings Cable Co or the Platform into disrepute.

Our Website includes an AI-powered assistant (chatbot) that provides general information about Cable Co's services, capabilities, and the Zayin.ai Platform. The AI assistant is provided for informational purposes only and:

• Does not constitute professional advice (electrical, engineering, legal, or otherwise)
• May not always provide complete or accurate information
• Should not be relied upon as a substitute for direct consultation with our team
• Does not create a contractual relationship or obligation

Conversations with the AI assistant may be recorded and analysed for the purposes of improving our services. Personal information submitted through the AI assistant is handled in accordance with our Privacy Policy.

Cable Co is committed to providing a safe working environment in accordance with the Work Health and Safety Act 2011 (NSW) and the Work Health and Safety Regulation 2017 (NSW). As a Person Conducting a Business or Undertaking (PCBU), we:

• Maintain a comprehensive WHS management system certified to ISO 45001
• Conduct risk assessments and implement safe work method statements (SWMS) for all high-risk construction work
• Require all workers to hold a current General Construction Induction Card (White Card)
• Report notifiable incidents to SafeWork NSW as required by law
• Consult with workers on WHS matters in accordance with Part 5 of the WHS Act

Clients engaging our Services acknowledge their own PCBU obligations under the WHS Act and agree to cooperate with Cable Co in meeting shared WHS duties.

Cable Co holds the following licences and accreditations:

• NSW Electrical Contractor Licence
• Accredited Service Provider (ASP) — Levels 1, 2, and 3 under the Electricity Supply Act 1995 (NSW)
• Master Security Licence No. 000110353 under the Security Industry Act 1997 (NSW)
• ZERO Harm HSEQ accreditation
• ISO 9001 (Quality Management), ISO 45001 (Occupational Health and Safety), ISO 14001 (Environmental Management)

Current licence details can be verified through the NSW Fair Trading licence check at www.fairtrading.nsw.gov.au.

Cable Co maintains the following insurance coverage:

• Public Liability Insurance — $20,000,000
• Professional Indemnity Insurance
• Workers Compensation Insurance in accordance with the Workers Compensation Act 1987 (NSW) and the Workplace Injury Management and Workers Compensation Act 1998 (NSW)
• Motor Vehicle Insurance
• Home Building Compensation Fund cover (where required under the Home Building Act 1989 (NSW))

Certificates of currency are available upon request.

Each party agrees to keep confidential all information received from the other party that is designated as confidential or that, by its nature, would reasonably be considered confidential. This obligation does not apply to information that:

• Is or becomes publicly available through no fault of the receiving party
• Was already known to the receiving party at the time of disclosure
• Is independently developed by the receiving party without reference to the disclosing party's confidential information
• Is required to be disclosed by law, regulation, or court order

This confidentiality obligation survives the termination of these Terms for a period of 5 years.

Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to:

• Natural disasters, severe weather events, or acts of God
• Pandemic, epidemic, or public health emergency
• War, terrorism, civil unrest, or government sanctions
• Strikes, lockouts, or industrial disputes (other than those involving the affected party's own employees)
• Power failures, telecommunications failures, or cyber attacks
• Changes in law or government regulation that materially affect the performance of obligations
• Supply chain disruptions affecting the availability of materials or equipment

The affected party must notify the other party as soon as practicable and take all reasonable steps to mitigate the effects of the force majeure event.

The parties agree to the following dispute resolution process before commencing any court proceedings (except for urgent interlocutory relief):

1. Negotiation: The parties shall first attempt to resolve any dispute by direct negotiation between senior representatives. A party must give written notice of the dispute to the other party, and the parties shall have 14 Business Days from receipt of such notice to resolve the dispute by negotiation.
2. Mediation: If the dispute is not resolved by negotiation within 14 Business Days, either party may refer the dispute to mediation administered by the Australian Disputes Centre (ADC) in accordance with the ADC Mediation Guidelines. The mediation shall be conducted in Sydney, New South Wales. The costs of mediation shall be shared equally between the parties.
3. Litigation: If the dispute is not resolved by mediation within 28 Business Days of referral (or such longer period as agreed), either party may commence court proceedings. The parties submit to the exclusive jurisdiction of the courts of New South Wales, including the Supreme Court of New South Wales, and any courts of appeal therefrom.

For disputes arising under the Building and Construction Industry Security of Payment Act 1999 (NSW), the adjudication provisions of that Act apply and are not affected by this clause.

For consumer disputes, nothing in this clause limits your right to lodge a complaint with NSW Fair Trading or to commence proceedings in the NSW Civil and Administrative Tribunal (NCAT).

We may terminate or suspend your access to our Website or Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Website and Services will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, indemnification, limitation of liability, and dispute resolution.

21.1 Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales, including the Supreme Court of New South Wales, and any courts of appeal therefrom.

21.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed from these Terms and the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely achieves the intended effect of the original provision.

21.3 Waiver

No failure or delay by Cable Co in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. A single or partial exercise of any right, power, or remedy does not preclude any other or further exercise of that or any other right, power, or remedy.

21.4 Entire Agreement

These Terms, together with our Privacy Policy and any specific project contracts, constitute the entire agreement between you and Cable Co in relation to the use of our Website. These Terms supersede all prior agreements, representations, and understandings, whether written or oral.

21.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to any affiliate or successor entity without your consent.

21.6 Notices

Any notice required or permitted to be given under these Terms shall be in writing and shall be deemed to have been given when delivered personally, sent by registered post, or sent by email to the addresses set out in Section 22.

For any questions or concerns regarding these Terms and Conditions, please contact us: