Safe Fit

Safe Fit Standard Terms and Conditions

These terms and conditions (Terms), together with any Client Form (defined in clause1), set out the agreement (Agreement) under the terms of which HSE-ON PTY LTD trading as Safe Fit ABN 40 683 215 090 (Safe Fit) provides Products and /or Services (defined in clause 2) to you or the company which you represent (the Client).

1. CLIENT FORM AND AGREEMENT

1.1 These Terms apply to all dealings between Safe Fit and the Client, including all quotes, proposals, orders, and any “Client Form” agreed to by the Client.

1.2 Acceptance of these Terms occurs when the Client:

(a) accepts a Client Form;

(b) signs a Respirator Fit Testing Consent Form; or

(c) orders, accepts, or pays for any Products or Services from Safe Fit after receiving or becoming aware of these Terms.

1.3 If there is any inconsistency between these Terms and a Client Form:

(a) these Terms prevail; except

(b) any Special Conditions recorded in the Client Form will prevail over these Terms.

1.4 Safe Fit may update these Terms at any time without notice. Continued use of Services or Products after an update constitutes acceptance of the amended Terms.

1.5 These Terms apply to all Safe Fit Services, including but not limited to:

(a) quantitative Face Fit Testing;

(b) Respiratory Protective Equipment (RPE) education;

(c) Work Health and Safety (WHS) awareness training;

(d) ICAM investigations; and

(e) related consulting or advisory services.

2. SERVICES

2.1 General Scope of Services

Safe Fit will provide the Services as outlined in the Client Form, in consideration for the Fees. These may include:

(a) Quantitative Face Fit Testing;

(b) RPE Education;

(c) WHS Training;

(d) ICAM Investigations; and

(e) Advisory or consulting services.

2.1.1 Safe Fit may determine the delivery method (on-site, remote, or online) based on operational needs.

2.1.2 Unless otherwise agreed:

(a) Safe Fit may withhold commencement or delivery of Services until any applicable Fees are paid; and

(b) Safe Fit may suspend Services if invoices remain unpaid

2.2 Face Fit Testing

2.2.1 All Participants must complete and sign a Respirator Fit Testing Consent Form. Testing will not be conducted without a valid Consent Form.

2.2.2 Testing Protocol face Fit Testing is conducted in accordance with:

(a) OSHA standard 29 CFR 1910.134 (including both Standard and Fast Protocols as applicable); and

(b) AS/NZS 1715:2009 – Selection, Use and Maintenance of RPE.

2.2.3 Testing Conditions

(a) Participants must wear any site-issued PPE that may impact respirator seal.

(b) They must wear their RPE for at least 5 minutes before testing and complete required movements.

(c) Testing is performed by Fit Test Operators deemed competent under ISO 16975-3 Section 5.2.

2.2.4 Participation Requirements

(a) Participants must be clean shaven—no facial hair may interfere with seal integrity. Safe Fit retains discretion.

(b) No eating, smoking, or chewing gum 30 minutes prior.

(c) Participants must wear all usual PPE used during normal duties for accurate
assessment.

(d) Clients must ensure Participants follow all pre-test, on-site, and post-test
instructions.

2.2.5 Health and Consent

(a) Safe Fit does not assess medical fitness. All Participants must be medically fit to wear RPE.

(b) Clients must provide accurate Participant data (name, employer, ID).

(c) Safe Fit reserves the right to refuse testing where requirements are not met.

2.2.6 Equipment and Hygiene

Components that may pose a contamination risk will be disinfected between uses with antibacterial wipes.

2.2.7 Test Results

(a) Results may be shared with the Client, employer representatives, or regulators as required by law.

(b) Results reflect RPE suitability at a single point in time only.

(c) The Client is responsible for all ongoing RPE monitoring, program compliance, and usage.

2.3 RPE EDUCATION

2.3.1 As part of the Services, Safe Fit may deliver education sessions on the correct selection, use, and maintenance of Respiratory Protective Equipment (RPE).

2.3.2
Sessions may be delivered on-site, remotely, or online and tailored to the Client’s workforce and work environment.

2.3.3
Content is based on applicable industry standards, including AS/NZS 1715:2009. It may include:

(a) Demonstrations;

(b) Practical exercises; and

(c) Facilitated group discussions.

2.3.4 The Client acknowledges these sessions are informative only and do not replace legal obligations under WHS law.

2.3.5 Safe Fit is not responsible for enforcement or implementation of RPE practices following the sessions.

2.3.6 The Client must:

(a) Advise of any language, access, or learning requirements in advance; and

(b) Provide appropriate space, equipment, and participant access to support delivery.

2.3.7 If certification or attendance records are required:

(a) The Client must notify Safe Fit in advance; and

(b) Additional fees may apply and will be confirmed in the Client Form.

2.4 WHS AWARENESS TRAINING

2.4.1 Safe Fit may deliver Work Health and Safety (WHS) awareness sessions to educate Participants on legislative requirements, risk awareness, and safe work practices.

2.4.2 WHS Training may include:

(a) General awareness;

(b) Induction programs; or

(c) Targeted safety modules.

2.4.3 Content is tailored where possible to reflect current standards and Client-specific risks.

2.4.4 The Client acknowledges these sessions supplement—but do not replace—their statutory safety responsibilities or internal safety systems.

2.4.5 Safe Fit is not responsible for implementation of WHS procedures post-training.

2.4.6 The Client is responsible for:

(a) Ensuring participant attendance;

(b) Providing appropriate facilities and space; and

(c) Notifying Safe Fit in advance of any special access or training needs.

2.4.7 Certificates of attendance or training summaries will only be provided if requested in advance and may incur additional fees.

2.5 ICAM INVESTIGATIONS

2.5.1 Safe Fit may conduct workplace incident investigations using the Incident Cause Analysis Method (ICAM).

2.5.2 These investigations aim to identify root causes and contributing factors for incidents or near misses.

2.5.3 To conduct an investigation, Safe Fit may:

(a) Visit site locations;

(b) Review documentation; and

(c) Interview relevant personnel.

2.5.4 The Client must ensure:

(a) Timely access to the site and records; and

(b) Cooperation from all parties involved.

2.5.5 Deliverables include an ICAM Report summarising findings and recommendations, issued upon full payment.

2.5.6 The Client acknowledges that Safe Fit’s findings are based on the available facts at the time of investigation and provided in good faith.

2.6 ADVISORY SERVICES

2.6.1 Safe Fit may provide advisory or consultancy services on WHS-related systems and compliance frameworks.

2.6.2 These services may include:

(a) Review or development of SWMS, risk assessments, or WHS policies;

(b) Assistance with respiratory protection program implementation;

(c) Guidance for audits or compliance reviews; or

(d) Response support for workplace incidents (non-ICAM).

2.6.3 The scope, delivery method, and fees for Advisory Services will be outlined in the Client Form or agreed in writing.

2.6.4 Safe Fit makes no warranty that documents or advice will ensure legal compliance or risk elimination.

2.6.5 The Client accepts responsibility for:

(a) Reviewing and implementing any documents or recommendations; and

(b) Ensuring they align with their own workplace and legal obligations.

2.6.6 If third-party input is required, Safe Fit will seek prior Client approval and advise of any extra charges.

2.7 REPORTS

2.7.1 Where Services include the provision of a report (Report), the following applies:

(a) Issuance and Access

(i) Reports are issued only after full payment is received.

(ii) Reports are intended for the Client only and not for third-party reliance without
written approval.

(b) Purpose and Limitations

(i) Reports are for the specific purpose agreed in the Client Form or stated within the
report.

(ii) Safe Fit does not warrant outcomes or compliance arising from implementation of
recommendations.

(c) Use and Distribution

(i) The Report must not be reproduced or shared externally (including with regulators or insurers) without Safe Fit’s prior consent, unless required by law.

(ii) The Client may not permit third-party reliance on the Report without Safe Fit’s express written agreement.

(d) Client responsibilities

(i) Safe Fit is not responsible for acting on or enforcing any part of the Report.

(ii) The Client bears full responsibility for integrating findings into its workplace safety processes.

2.8 WHS SUPPORT CONTRACTS – VARIATIONS

2.8.1 If the Client books long-duration WHS support engagements (e.g. shutdown or site-based contracts), the following applies:

(a) Any schedule changes (dates, scope, duration) require at least 7 days’ written notice.

(b) If less than 7 days’ notice is provided:

(i) Safe Fit may invoice for non-refundable travel, accommodation, or bookings;

(ii) Safe Fit may charge up to 50% of affected contract value to compensate for held time or declined work

2.8.2 Safe Fit is not responsible for delays caused by the Client or site conditions. Extension of Services due to such delays may incur additional fees.

2.8.3 This clause supplements standard cancellation terms and does not limit Safe Fit’s right to recover costs for disruption or loss.

3. CLIENT OBLIGATIONS

3.1 General Cooperation

The Client must provide all documentation, information, access, and reasonable assistance to Safe Fit to enable timely and effective delivery of the Services.

3.2 Participant Conduct

The Client must ensure that all Participants:

(a) Comply with these Terms; and

(b) Follow all Safe Fit instructions relating to behaviour, preparation, and safety.

3.3 Liaison and Communication

The Client agrees to liaise with Safe Fit or its nominated representatives, as reasonably requested, to support the planning, delivery, and adjustment of Services.

3.4 Site or Platform Access

The Client must ensure Safe Fit has timely and safe access to:

(a) Any site, premises, or equipment necessary to perform the Services; and

(b) Any relevant software or digital platforms, if services are provided remotely. Safe Fit is not responsible for delays caused by restricted, unsafe, or denied access.

3.5 Consent Forms

Each Participant must complete and sign the Respirator Fit Testing Consent Form prior to Face Fit Testing.

If a valid Consent Form is not provided, Safe Fit will not deliver the service to that Participant.

The Client remains liable for all associated Fees.

3.6 Service-Specific Support

For specific Services (e.g. group testing or on-site training), the Client must ensure:

(a) Minimum participant numbers;

(b) Suitable space and equipment; and

(c) Access to all systems, materials, or people required for delivery.

3.7 Legal Compliance

The Client is solely responsible for complying with all applicable WHS laws, standards, and employer obligations.

3.8 Accuracy of Information

Safe Fit is entitled to rely on any information provided by the Client or Participants.

The Client is responsible for inaccuracies or omissions that impact delivery or outcomes.

4. PAYMENT

4.1 Deposit

If a deposit is required, the Client must pay it as set out in the Client Form.

Safe Fit may retain all or part of the deposit if Services are cancelled prior to completion.

4.2 Fees

Fees must be paid by the Client in the amounts, at the times, and using the method specified in the Client Form or agreed in writing.

4.3 Time for Payment

Unless otherwise agreed:

(a) Invoiced amounts must be paid by the due date on the invoice; and

(b) If no due date is stated, payment must be made within 14 days of receipt.

4.4 Expenses and Disbursements

(a) The Client will cover any travel, accommodation, or related expenses incurred by Safe Fit, unless agreed otherwise.

(b) Third-party costs incurred during service delivery may be on-charged to the Client.

All Fees are exclusive of GST unless stated otherwise. The Client must pay any GST on receipt of a valid tax invoice.

4.5 GST

All Fees are exclusive of GST unless stated otherwise. The Client must pay any GST on receipt of a valid tax invoice.

4.6 Card Surcharges

Safe Fit may apply surcharges for payments made by credit/debit cards (e.g. Visa, MasterCard, American Express).

4.7 Late Payment and Debt Recovery

If the Client fails to pay on time:

(a) Interest will accrue at 1% per month on outstanding amounts;

(b) Safe Fit may refer the matter to debt collection; and

(c) The Client must cover all associated recovery costs, including legal fees.

4.8 Recovery of Products

Safe Fit may, without liability, enter Client premises to recover unpaid Products, using reasonable force if necessary.

5. CANCELLATIONS AND RESCHEDULING

5.1 Safe Fit’s Right to Cancel

Safe Fit may cancel or reschedule Services if necessary due to:

(a) Safety risks;

(b) Site inaccessibility;

(c) Extreme weather; or

(d) The Client’s failure to meet its obligations.

5.2 Client-Initiated Cancellations

(a) The Client must provide written notice to cancel or reschedule.

(b) If notice is given:

(i) At least 24 hours in advance — a $60 + GST admin fee applies;

(ii) Less than 24 hours before — Safe Fit may retain 50% of any deposit paid, plus the admin fee;

(iii) On the day of service — a $60 + GST fee per booked Participant is payable.

5.3 Group and Remote Engagements

For large bookings, regional travel, or WHS contracts:

(a) Changes with less than 48 hours’ notice may incur additional charges;

(b) WHS support contracts require at least 7 days’ written notice to change dates, scope, or duration;

(c) Safe Fit may charge for:

(i) Pre-booked, non-refundable travel or accommodation expenses; and

(ii) Up to 50% of Fees for cancelled or reduced services

5.4 Termination for Breach

Either party may terminate immediately if the other party:

(a) Commits a material breach not remedied within 14 days; or

(b) Commits a breach incapable of being remedied.

5.5 Fees on Termination

The Client must pay all Fees due for Services performed up to the termination date, plus any applicable cancellation charges.

5.6 Waiver
Safe Fit may, at its discretion, waive or reduce cancellation fees based on the nature of the booking and impacts of rescheduling.

6. DEFECTIVE SERVICES

6.1 The Client must notify Safe Fit in writing within 7 days if it believes any part of the Services does not match the Client Form or is otherwise defective.

6.2 Upon notice, Safe Fit may, at its sole discretion:

(a) Re-perform the defective portion of the Services at no extra cost; or

(b) Refund the part of the Fees that corresponds to the defective Services.

6.3 When assessing whether Services are defective, the following will be considered:

(a) The nature of the Services;

(b) Accepted industry standards; and

(c) Whether the Client met its own obligations under this Agreement.

6.4 Safe Fit will not be responsible for defects caused by:

(a) Incorrect or incomplete information provided by the Client or a third party;

(b) The Client’s failure to follow Safe Fit’s instructions;

(c) Acts or omissions of the Client or its Participants; or

(d) Misuse, neglect, or modification of the Services beyond their intended scope.

6.5 The remedies set out in this clause 6 are the Client’s exclusive remedies for any defect in the Services, to the maximum extent permitted by law.

7. THIRD PARTY GOODS AND SERVICES

7.1 Some Services may require Safe Fit to procure third-party goods or services on the Client’s behalf (Third Party Goods and Services).

7.2 In such cases:

(a) The Client acknowledges those goods or services may be subject to third-party terms and conditions (Third Party Terms); and

(b) By instructing Safe Fit to procure them, the Client is deemed to accept any applicable Third Party Terms. Copies will be provided upon request.

7.3 Safe Fit will not be liable for the performance, delivery, or outcomes of Third Party Goods and Services, including any failure by the third party.

7.4 If a third party product or service becomes unavailable, Safe Fit will make reasonable efforts to source a substitute. Any price change will be communicated and, if agreed, invoiced.

7.5 Unless agreed otherwise, the Client is responsible for all costs related to Third Party Goods and Services.

8. REMOTE SITES

8.1 If the Services are delivered at a remote site (Remote Site), the Client must cover:

(a) All travel and accommodation expenses; and

(b) Any regional access or logistical charges, unless stated otherwise in the Client Form.

8.2 The Client must ensure that the Remote Site complies with all relevant WHS legislation, including access to clean facilities, drinking water, shelter, and secure storage.

8.3 Safe Fit may assess the safety and suitability of a Remote Site and reserves the right to cancel or reschedule Services without penalty if the site is unsafe or inaccessible.

8.4 The Client must confirm, at least 72 hours before the scheduled service date:

(a) Site location details;

(b) Induction processes;

(c) Access points; and

(d) Any special requirements for Safe Fit personnel

8.5 If delays, cancellations, or unsafe conditions result in changes to the schedule, Safe Fit may charge additional Fees for:

(a) Stand-down time;

(b) Rescheduling or rebooking; and

(c) Extended travel or overnight accommodation.

9. CONFIDENTIALITY

9.1 Each party must maintain the confidentiality of all information that is:

(a) Identified as confidential; or

(b) Would reasonably be considered confidential based on its content or context 9.1 Some of our service providers may store or process information overseas (e.g. in cloud environments).

9.2 Where this occurs, we will ensure those providers comply with privacy safeguards equivalent to the Australian Privacy Principles.

9.2 Confidential Information may only be disclosed:

(a) With the written consent of the disclosing party;

(b) Where required by law, court order, or regulatory obligation; or

(c) To personnel or subcontractors who need it to perform the Services and are bound by equivalent confidentiality terms.

9.3 This clause does not apply to information that:

(a) Becomes publicly known through no breach;

(b) Was known by the recipient independently; or

(c) Is developed independently without use of the confidential information.

9.4 Each party must take reasonable measures to ensure its personnel comply with the obligations under this clause.

9.5 The obligations of confidentiality continue after the expiry or termination of this Agreement.

10. WARRANTIES

10.1 To the maximum extent permitted by law, Safe Fit excludes all express or implied warranties, representations, or guarantees not expressly stated in this Agreement.

10.2 Nothing in this Agreement is intended to exclude any guarantees or rights the Client may have under the Australian Consumer Law (ACL) or other applicable legislation that cannot be excluded.

10.3 Where permitted, Safe Fit’s liability for breach of any non-excludable guarantee is 869+limited to:

(a) Resupplying the relevant Services; or

(b) Refunding the Fees paid for those Services.

11. LIABILITY AND INDEMNITY

11.1 Limitation of Liability

To the maximum extent permitted by law, Safe Fit is not liable for any Claim arising from:

(a) Services provided in accordance with applicable guidelines or standards;

(b) Changes in law or regulation after service delivery;

(c) The Client’s failure to follow legal or procedural obligations;

(d) Errors, omissions, or delays caused by the Client or its representatives.

11.2 Safe Fit’s maximum liability is capped at the total Fees paid by the Client up to the date of the first event giving rise to liability.

11.3 Safe Fit will not be liable for any indirect or consequential loss, including loss of:

(a) Opportunity;

(b) Revenue;

(c) Data;

(d) Reputation; or

(e) Future profits.

11.4 “Claim” means any allegation, demand, legal proceeding, loss, damage, cost, or liability (actual or contingent) in contract, tort, equity, statute, or otherwise.

11.5 Indemnity

The Client indemnifies and holds harmless Safe Fit and its directors, staff, and subcontractors from all Claims arising from:

(a) The Client’s breach of this Agreement;

(b) Negligent or unlawful conduct by the Client or its representatives; or

(c) Injuries, losses, or liabilities resulting from the Client’s failure to follow Safe Fit’s guidance or provide accurate information.

11.6 This indemnity survives expiry or termination of the Agreement.

12. DISPUTE RESOLUTION

12.1 The parties agree to act in good faith to resolve any dispute arising out of this Agreement (Dispute) before taking legal action.

12.2 A party claiming a Dispute must give the other party written notice outlining:

(a) The nature of the Dispute;

(b) The outcome sought; and

(c) Relevant background.

12.3 Senior representatives must meet (in person or remotely) within 7 days to try and resolve the Dispute through confidential negotiations.

12.4 If not resolved within 14 days, either party may refer the matter to mediation conducted by a nationally recognised provider.

12.5 Each party:

(a) Bears its own legal costs; and

(b) Pays 50% of the mediator’s fees unless agreed otherwise.

12.6 Compliance with this clause is required before any court or tribunal proceedings,
except:

(a) Applications for urgent interim relief; or

(b) Claims related to intellectual property or confidentiality breaches.

13. FORCE MAJEURE

13.1 A party will not be liable for failure or delay in performing its obligations where caused by a Force Majeure Event.

13.2 A “Force Majeure Event” includes:

(a) Natural disasters, pandemics, or extreme weather;

(b) Industrial actions or government restrictions;

(c) Failure of transport, utilities, or digital networks; or

(d) Civil unrest, terrorism, or war.

13.3 Affected parties must:

(a) Notify the other party of the event and expected duration;

(b) Use reasonable efforts to mitigate its effects; and

(c) Resume obligations as soon as practicable.

13.4 Obligations are suspended for the duration of the Force Majeure Event.

13.5 If the event continues for more than 30 days, either party may terminate this Agreement by notice, without liability for damages arising from termination.

14. NOTICES

14.1 All notices, consents, and communications under this Agreement (Notice) must be:

(a) In writing and in English; and

(b) Sent to the receiving party’s email address as set out in the Client Form or otherwise notified in writing.

14.2 A Notice will be deemed received:

(a) 24 hours after being sent by email; or

(b) When the recipient acknowledges receipt in writing—whichever occurs first.

14.3 If the sender knows, or reasonably suspects, that an email was not delivered, it will not be considered received.

14.4 A party may change its email address for Notices by notifying the other party in writing.

15. GENERAL

15.1 Governing Law and Jurisdiction

This Agreement is governed by the laws of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of New South Wales.

15.2 Amendments

Any amendment or variation to this Agreement must be in writing and signed by both parties or their authorised representatives.

15.3 Waiver

A waiver of any right or remedy must be in writing and signed. A failure or delay in exercising a right does not constitute a waiver.

15.4 Severance

If any provision is held invalid or unenforceable, the remainder of the Agreement will remain in effect.

15.5 Joint and Several Liability

Where the Client comprises more than one person or entity, each is jointly and severally liable under this Agreement.

15.6 Assignment

The Client must not assign or transfer any rights or obligations under this Agreement without prior written consent from Safe Fit.

Safe Fit may assign its rights and obligations without requiring Client consent.

15.7 Counterparts

This Agreement may be executed in counterparts. All counterparts together form one agreement.

15.8 Entire Agreement

This Agreement represents the entire agreement between the parties and supersedes all previous representations, agreements, or understandings relating to its subject matter.