Version 2.0 · Effective 17 August 2026
Reviewed and approved by Orbital’s solicitor, 17 August 2026.
These Terms and Conditions govern the provision of all services by Orbital Underground Service Location Pty Ltd and supersede all previous versions. They are provided with every quotation and are available here at any time.
1. Definitions
In these Conditions:
Company means Orbital Underground Service Location Pty Ltd ACN 104 536 496, including its employees, agents, contractors and representatives.
Customer means the person or entity engaging the Company.
Services means underground service location, survey, CCTV inspection, reporting, and associated works performed by the Company.
Site means the location at which the Services are performed.
Deliverable means any report, plan, drawing, data file, marking or other output produced by the Company in connection with the Services.
Date of Survey means the date, or the last of the dates, on which the Company attends the Site to perform the Services.
Contract means any agreement incorporating these Terms and Conditions.
Liability includes any loss, damage, claim, cost, or expense.
Force Majeure means any event beyond reasonable control.
2. Provision of Services
2.1 The Company will provide the Services as agreed with the Customer.
2.2 The Company may rely on information provided by the Customer and third parties.
2.3 The Services are advisory in nature and are subject to site conditions, access, available records, and equipment limitations.
2.4 The Company does not guarantee the detection, location, depth, or completeness of underground services. Not all underground services can be guaranteed to be detected.
2.5 All information provided by the Company must be independently verified prior to any excavation, construction, or intrusive works.
3. Access and Site Conditions
3.1 The Customer must provide safe, clear, and reasonable access to the Site.
3.2 The Customer must ensure the Site is suitable for the Services.
3.3 The Company may delay, modify, suspend, or cease the Services where access is restricted, conditions are unsafe, required information is unavailable, or site conditions prevent effective service location.
3.4 The Company may proceed based on available site conditions and information. Any limitations arising from incomplete or inaccurate information are at the Customer’s risk.
3.5 Additional charges may apply where re-attendance is required.
4. Customer Obligations
4.1 The Customer must:
- obtain and maintain current Before You Dig (or equivalent) plans, and make them available on Site during any work that breaks ground;
- provide sufficient information to identify the Site;
- provide practical access to the Site and to any relevant utility entry points or pits;
- ensure compliance with asset owner requirements, including the duty of care statements contained in asset owners’ correspondence received with Before You Dig requests;
- provide accurate and complete site information;
- confirm their authority to engage the Company;
- arrange potholing, vacuum excavation, or other validation where required before excavation.
4.2 Some asset owners are not members of Before You Dig. Plans should be requested from those owners directly.
4.3 The Company is entitled to rely on the Customer’s authority and is not responsible for verifying ownership or title.
4.4 The Customer must not interfere with the performance of the Services.
4.5 Any delays, disruptions or additional costs caused by the Customer may be charged at the Company’s standard rates.
4.6 Failure to meet the obligations in this clause 4 may affect the accuracy or completeness of the Services.
5. Fees and Payment
5.1 Fees will be invoiced upon completion of the Services unless otherwise agreed.
5.2 All pricing is GST inclusive unless stated otherwise.
5.3 Payment is due within fourteen (14) days from the date of invoice.
5.4 The Company may charge interest on overdue accounts, and may suspend the Services or withhold Deliverables for non-payment.
5.5 The Customer must pay all amounts without set-off or deduction.
6. Variations
6.1 Any work outside the agreed scope will be charged at the Company’s standard rates. This may include confined space entry, additional inductions, permits or compliance requirements, extended time on Site due to site conditions, and additional reporting or documentation.
6.2 Where practical, variations will be discussed and approved before proceeding.
6.3 The Company may vary the Services where required due to site conditions or safety considerations.
7. Limitations of Service
7.1 Underground service location is subject to inherent limitations, including soil and environmental conditions; the depth, material and condition of services; the availability of access points and traceable points; congestion of services; and interference from adjacent services.
7.2 Electromagnetic locating detects buried metallic conduits and cables. Non-metallic services such as plastic or concrete pipes cannot be located by this method without inserting a trace rod into the pipe.
7.3 There may be more than one buried service at any location. Services may lie in close proximity to one another or directly beneath one another.
7.4 Due to limitations inherent in the technology employed, and to the lack of records regarding underground services in a particular area, some services may remain undetected despite the Company’s best efforts.
8. Accuracy and Quality Levels
8.1 Service location is carried out in accordance with industry practice and is classified under AS 5488 Classification of Subsurface Utility Information.
8.2 Unless otherwise stated in the Deliverable, located services are classified as Quality Level B (QL-B). AS 5488 states the deviation in accuracy for QL-B location as 500mm vertically and 300mm horizontally. QL-B provides relative positioning only.
8.3 Exact location and depth (QL-A) can be confirmed only by non-destructive hand or vacuum excavation, as appropriate (potholing).
8.4 Some asset owners require that services be validated by potholing. The Company strongly recommends this is completed before excavating around any service. The Company does not provide this service but can refer a company that can assist.
9. Currency of the Services and Deliverables
9.1 The Services are a survey of conditions detectable at the Site on the Date of Survey. A Deliverable records those conditions as at that date and is not a continuing statement about the Site.
9.2 Underground services may be installed, altered, relocated, exposed, backfilled or removed after the Date of Survey, and site conditions affecting detection may change. The Company has no knowledge of, and accepts no responsibility for, any such change.
9.3 Surface markings are temporary. They are provided for the excavation works described in the agreed scope, and they degrade with weather, traffic, site activity and time. Markings must not be re-used for later or different works. The Company is not responsible for the deterioration, removal, or misinterpretation of markings after completion of the Services.
9.4 A Deliverable is provided for the excavation works described in the agreed scope. Where excavation has not commenced within ninety (90) days of the Date of Survey, or where the works differ in location or extent from the agreed scope, the Customer must obtain a re-locate before excavating.
9.5 Clauses 9.1 to 9.4 describe the nature and extent of the Services supplied. They do not limit any right the Customer has under the Australian Consumer Law.
10. Reliance and Use of Deliverables
10.1 Deliverables and site markings are provided for the Customer, for the specific project and Site described in the agreed scope.
10.2 The Customer is granted a non-exclusive licence to use Deliverables for that project and Site only.
10.3 Where the Customer provides a Deliverable or site marking to any other party, including a contractor, subcontractor or excavator engaged by or through the Customer, the Customer must also provide that party with these Terms and Conditions and with the limitations recorded in the Deliverable.
10.4 A party other than the Customer must not rely on a Deliverable or site marking without the Company’s express written permission.
10.5 Deliverables must not be relied upon as the sole or primary source of information for excavation or construction, and are not a substitute for potholing or physical verification.
10.6 The Company retains copyright and all intellectual property in all Deliverables, drawings, reports, data and documentation unless otherwise agreed in writing.
11. Damage to Property
11.1 The Company will take reasonable care while performing the Services.
11.2 The Company is not liable for damage to lawns, gardens, vegetation, hard surfaces, driveways or subsurface conditions where such damage is reasonably incurred during the Services.
12. Limitation of Liability
12.1 Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy conferred on the Customer by the Australian Consumer Law which cannot be excluded, restricted or modified by agreement.
12.2 Subject to clause 12.1, and to the maximum extent permitted by law:
- the Company’s total aggregate Liability is limited to the fees paid for the Services;
- the Company is not liable for indirect, consequential, or economic loss;
- the Company is not liable for loss arising from undetected services, inaccurate or incomplete information, changes in site conditions, or reliance on the Services without verification.
12.3 Subject to clause 12.1, where the Company is liable in respect of Services not of a kind ordinarily acquired for personal, domestic or household use or consumption, the Company’s liability is limited, at the Company’s option, to supplying the Services again or paying the cost of having the Services supplied again.
12.4 The Customer acknowledges the limitations of underground service detection methods set out in clauses 7, 8 and 9.
12.5 The Company has no Liability where the Customer fails to verify information, proceeds without appropriate precautions, or does not allow the Company to rectify an issue.
12.6 The Customer is responsible for ensuring appropriate precautions are taken prior to excavation, including physical verification where required.
12.7 Any work around underground services involves a degree of risk. Service location is a form of risk management. Ultimate responsibility for safe excavation lies with the Customer, and with those to whom the Customer owes a duty of care, having been informed of these risks and choosing to proceed on that basis.
13. Indemnity
13.1 To the extent permitted by law, the Customer indemnifies the Company against any claims, losses, or damages arising from reliance on the Services without verification, inaccurate information provided by the Customer, use of a Deliverable outside the project and Site for which it was provided, or breach of these Terms.
14. Suspension and Termination
14.1 The Company may suspend or terminate the Services where payment terms are not met, site conditions are unsafe, or the Customer breaches these Terms.
14.2 The Customer must pay for all work completed up to termination.
15. Force Majeure
15.1 The Company is not liable for delays or failure to perform due to Force Majeure.
16. Dispute Resolution
16.1 The parties will attempt in good faith to resolve any dispute by negotiation before commencing proceedings.
16.2 Any dispute may be referred to the Queensland Building and Construction Commission (QBCC) where applicable.
17. Governing Law
17.1 These Terms are governed by the laws of Queensland, Australia.
18. Acceptance
18.1 By accepting a quotation, signing a site acknowledgement form, or engaging the Company to perform Services, the Customer:
- acknowledges and accepts these Terms and Conditions;
- confirms authority to enter into the agreement;
- acknowledges the limitations of underground service location set out in clauses 7, 8 and 9;
- agrees to comply with all obligations set out in these Terms.
18.2 These Terms are available at orbital.com.au/terms-and-conditions and are provided with every quotation.
19. General
19.1 If any provision is unenforceable, the remainder remains valid.
19.2 These Terms apply to all Services unless otherwise agreed in writing.
19.3 These Terms may be amended from time to time. The version in force at the date of engagement applies.