Terms and conditions for businesses registering for our Backflow Smart Testers Program.
Backflow Prevention Device Testing requirement
Regulation 43 of the Water Services Regulations 2013 requires persons who carry out testing of backflow prevention devices which are connected to the water services works of the Water Corporation (Corporation) to provide a copy of the relevant test report referred to in AS 2845.3 2010 to the Corporation not later than 5 working days after the day on which the test is carried out.
An online backflow test reporting system has been established by the Corporation to enable persons (whether natural or legal) that carry on the business of providing Plumbing Work services (Users) who have registered with the Corporation to submit Backflow Inspection and Maintenance Test Reports, being the reports referred to in AS 2845.3 2010 and which relate to backflow prevention devices connected to the Corporation’s Water Service Works (Reports) via a web application accessible through the Corporation’s website (Web Application).
Use of the Web Application is subject to the following terms and conditions:
Terms and conditions
- The User acknowledges and agrees that the Corporation’s Electronic business conditions of use governs the User’s use of the Web Application and that the terms and conditions set out in this document (Agreement) apply:
- to all Reports prepared by the User (where he/she is a natural person) or the User’s employees, contractors and persons otherwise engaged by the User (User’s Associates) and Plumbing Work performed by the User (where he/she is a natural person) or the User’s Associates for the purpose of preparing Reports (collectively the Relevant Works); and
- from the time at which the User registers to submit Reports through the Web Application (Registration) until such time as the Agreement expires or is terminated.
- In this Agreement:
- ‘Plumber’ and ‘Plumbing Work’ have the same meaning as those terms defined in the Plumbers Licensing Act 1995 (WA) and the Plumbers Licensing and Plumbing Standards Regulations 2000 (WA); and
- ‘Water Service Works’ has the same meaning as that term defined in the Water Services Act 2012 (WA).
- It is a condition of this Agreement that in performing the Relevant Works, the User (where the he/she is a natural person) and the User’s Associates:
in respect of the Relevant Works.
- are each Plumbers who hold all licenses and qualifications required by law; and
- are, in accordance with industry standards, competent and suitably experienced,
- The User warrants that all Reports that the User (where he/she is a natural person) or the User’s Associates submit via the Web Application, are:
- prepared by the person who submits the Report; and
- are in all respects in accordance with all applicable laws.
- The User indemnifies and will keep the Corporation indemnified against any loss or claim by any person, arising out of, related to or connected with any Relevant Works, including (but not limited to) any such loss or claim arising out of, related to or connected with the User (where he/she is a natural person) or the User’s Associates:
- failing to hold all relevant licenses and qualifications required by law at all relevant times;
- failing to perform any part of the Relevant Work in a competent manner;
- not being suitably experienced in respect of any part of the Relevant Work.
- The User agrees that following Registration, he/she will submit all of his/her Reports to the Corporation via the Web Application (where the User is a natural person) and will ensure that the User’s Associates submit all of their Reports to the Corporation via the Web Application.
- Without any obligation to do so, following Registration, the Corporation will include the User’s name and contact details in a list of Users (List), which List will be made available to the Corporation’s customers with backflow prevention requirements when:
- the Corporation sends the customer a reminder of backflow prevention device testing requirements; and
- the need for the customer to install a backflow prevention device has been identified by the Corporation.
- The User consents to the Corporation including the User’s name and contact details in the List for the purposes of clause 7.
- The parties acknowledge and agree that nothing in this Agreement nor the arrangements contemplated by the Agreement, including (but not limited to):
shall constitute approval, endorsement or any other form of acceptance by the Corporation of any matter relating to the licences, qualifications, skills, workmanship or other matter relating to the User’s (where he/she is a natural person) or the User’s Associates’ performance of any Plumbing Work.
- inclusion of the User’s name and business contact details in the List;
- provision of the List by the Corporation to its customers,
- The User acknowledges and agrees that:
- Registration, use of the Web Application, and the inclusion of the User’s name and contact details in the List is not intended to and does not in any way ensure that any of the Corporation’s customers will utilise the services provided by the User or the User’s Associates;
- the Corporation’s customers are not in any way obliged to engage a person included in the List.
- To the fullest extent permitted by law, the Corporation will not be liable to the User for any consequential loss (being any special, indirect or consequential loss, any economic loss in respect of any claim in tort, and/or any loss of profits, revenue, contract, goodwill, business opportunity, reputation or like loss) suffered by or claimed against the User and/or the User’s Associates, including for:
- any breach of this Agreement by the Corporation;
- any act or omission (including any negligent act or omission) of the Corporation arising out of or in any way in connection with the performance or non-performance of this Agreement; or
- termination of this Agreement (whether as a result of breach, repudiation or otherwise) by the Corporation.
- The Corporation may, without notice, terminate this Agreement and remove the User’s name and contact details from the List for any reason, including if the User (where he/she is a natural person) or any one of the User’s Associates fails to:
- submit a Report via the Web Application after Registration; or
- comply with this Agreement.
- It remains at all times the responsibility of the User to ensure his / her compliance with the Corporation’s requirements, the Water Services Act 2012, Water Services Regulations 2013 and all other applicable laws.
- The Corporation reserves the right to change this Agreement from time to time at its sole discretion, and will make reasonable endeavours to advise the User of these changes.
- This Agreement is governed by the law of Western Australia and each of the parties irrevocably submits to the exclusive jurisdiction of the courts of Western Australia.
- Clauses 4, 5 and 11 survive expiry or termination of this Agreement.