Terms of Service

Effective date: 21 March 2026

1. Definitions & Interpretation

In these Terms of Service, the following definitions apply:

• “Bundle Waste”, “we”, “us”, “our” means Bundle Waste Pty Ltd (ABN pending), a company registered in Victoria, Australia.
• “Client”, “you”, “your” means the business entity or individual engaging Bundle Waste to provide the Services.
• “Provider” means any third-party waste collection, transport, recycling, or disposal company engaged to perform physical waste management services.
• “Services” means waste auditing, cost negotiation, provider procurement, account management, reporting, and related advisory services provided by Bundle Waste. Services expressly exclude the physical collection, transport, treatment, or disposal of waste.
• “Waste Materials” means the waste streams described and agreed upon in your service agreement, limited to lawful commercial and industrial waste.
• “Excluded Waste” means any waste that is hazardous, toxic, radioactive, infectious, asbestos-containing, pharmaceutical, explosive, corrosive, flammable, or otherwise classified as controlled, regulated, or prohibited waste under any applicable law — unless expressly agreed in writing by Bundle Waste and the relevant Provider.
• “Agreement” means these Terms of Service together with your individual service agreement, any schedules, and any written amendments agreed by both parties.
• “Confidential Information” means all non-public information disclosed by either party, including pricing, financial data, waste volumes, business processes, client lists, provider contracts, and proprietary methodologies.
• “Commission” means the fee payable to Bundle Waste calculated as a percentage of verified savings achieved, as specified in your service agreement.

2. Acceptance of Terms

By accessing the Bundle Waste website or engaging our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with any part of these terms, please do not use our website or Services.

We may update these terms from time to time. Where changes are material, we will provide you with at least thirty (30) days’ written notice. Continued use of our Services after changes take effect constitutes acceptance of the revised terms.

3. About Our Services & Broker Role

Bundle Waste Pty Ltd operates as a waste management broker, partner, and intermediary. We are not a waste collection company, hauler, transporter, or disposal operator. We do not at any time take physical possession of, ownership of, or title to any Waste Materials. Our role is to:

• Audit your current waste management costs, contracts, and service arrangements.
• Negotiate with waste service Providers on your behalf to secure reduced pricing and improved terms.
• Procure and manage relationships with licensed, reputable Providers.
• Identify inefficiencies and recommend optimised waste solutions.
• Act as a single point of contact between you and your Providers.
• Provide ongoing account management, cost monitoring, and periodic reporting.

All physical waste collection, transport, treatment, recycling, and disposal services are performed by independent third-party Providers. Risk in and responsibility for Waste Materials passes directly from you (the Client) to the Provider upon collection — Bundle Waste never assumes custody, control, or liability for Waste Materials at any stage of the waste chain.

4. Service Agreement

Our engagement typically follows this process:

• Free Waste Audit: We conduct a complimentary review of your current waste costs. There is no obligation to proceed after the audit.
• No Upfront Costs: You pay nothing until we deliver verified savings on your waste management spend.
• Commission-Based Model: Our fees are earned as a percentage of the savings we achieve for you, plus any agreed management fees.
• Direct Provider Contracts: You retain all contracts directly with your waste service Providers. Bundle Waste does not become a party to those agreements unless expressly stated otherwise.
• Provider Selection: Bundle Waste reserves the right to select, change, or terminate Provider arrangements at its discretion where it determines a change is in your best interest, necessary for compliance, or required due to Provider performance issues. We will notify you of any material Provider changes.

5. Client Obligations & Warranties

To enable us to deliver our Services effectively, you agree to and warrant the following:

• Provide accurate, complete, and not misleading information about your current waste management arrangements, including invoices, contracts, service schedules, waste types, volumes, and compositions.
• Waste Description Accuracy: You warrant that all waste descriptions, classifications, volumes, and compositions provided to Bundle Waste are accurate and complete. You acknowledge that we rely on your descriptions to negotiate pricing and select appropriate Providers.
• No Excluded Waste: You warrant that you will not present Excluded Waste for collection without prior written agreement from Bundle Waste and the relevant Provider. If Excluded Waste is found in your waste stream without prior agreement, you must indemnify Bundle Waste and the Provider against all resulting costs, including removal, re-disposal, decontamination, fines, penalties, and legal costs.
• Respond to reasonable requests for information in a timely manner.
• Notify us immediately of any change in waste composition, volume, classification, or site access arrangements.
• Comply with all applicable environmental laws, regulations, and local council requirements regarding your waste.
• Ensure that any personnel involved in waste management decisions are aware of our engagement.
• Non-Circumvention: You agree not to directly approach, negotiate with, or enter into agreements with Providers introduced to you by Bundle Waste for the purpose of circumventing our arrangement. This obligation survives for a period of twelve (12) months following the termination or expiry of the Agreement.
• Maintain appropriate insurance coverage for your business operations and waste-related liabilities.

6. Fees, Payment & Late Charges

Our fee structure is transparent and results-driven:

• Commission on Savings: We earn a Commission calculated as a percentage of the verified savings achieved against your baseline waste costs. The specific percentage will be agreed in writing before we commence work.
• Management Fees: Where ongoing account management is provided, a management fee may apply as mutually agreed.
• Invoicing & Payment Terms: Invoices are payable within thirty (30) days from the date of invoice, unless otherwise specified in your service agreement.
• Late Payment: If payment is not received by the due date, interest accrues on the outstanding amount at a rate of 2% per month (or part thereof), calculated daily from the due date until payment is received in full.
• Suspension for Non-Payment: If any invoice remains unpaid for more than fourteen (14) days past the due date, we may suspend our Services upon seven (7) days’ written notice. You remain liable for all Provider charges incurred during any suspension period.
• Recovery Costs: You agree to pay all reasonable costs incurred by Bundle Waste in recovering overdue amounts, including legal fees, collection agency fees, and court costs.
• GST: All fees are exclusive of GST. GST will be added where applicable under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
• Government Charges: Any environmental levy, landfill levy, carbon tax, or other government charge introduced or increased after the date of the Agreement may be passed through to you with reasonable notice.

No fees are payable if we are unable to identify or deliver savings.

7. No Guarantees

While we regularly achieve meaningful savings for our clients, results are not guaranteed for every engagement. Savings depend on factors including your current pricing, contract terms, waste volumes, location, market conditions, and Provider availability.

Any estimates, projections, or case studies we share are based on historical outcomes and are provided for illustrative purposes only. They do not constitute a warranty, promise, or guarantee of future performance.

8. Limitation of Liability

Bundle Waste acts as a broker and intermediary. To the maximum extent permitted by law:

• We are not liable for the performance, reliability, conduct, acts, omissions, negligence, or default of any third-party Provider.
• We are not liable for interruptions, delays, or failures in waste collection, transport, or disposal services performed by Providers.
• We are not liable for any environmental incidents, contamination, spills, illegal dumping, or regulatory breaches caused by a Provider or arising from your Waste Materials.
• We are not liable for any loss, damage, or liability arising from inaccurate, incomplete, or misleading waste descriptions provided by you.
• We are not liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profit, revenue, business, goodwill, data, or anticipated savings.

Our total aggregate liability for all claims arising from or in connection with these terms or our Services is limited to one hundred and twenty percent (120%) of the total fees paid by you to Bundle Waste in the twelve (12) months preceding the first event giving rise to the claim.

This liability cap does not apply to liability arising from fraud, wilful misconduct, or death or personal injury caused by our negligence.

Nothing in these terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition implied or imposed by the Competition and Consumer Act 2010 (Cth) or any other applicable Australian consumer protection legislation that cannot lawfully be excluded or limited.

9. Indemnification

You agree to indemnify, defend, and hold harmless Bundle Waste, its directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, fines, penalties, costs, and expenses (including reasonable legal fees) arising from or in connection with:

• Inaccurate, incomplete, or misleading waste descriptions, classifications, or information provided by you.
• The inclusion of Excluded Waste in your waste stream without prior written agreement.
• Your failure to comply with any applicable environmental law, regulation, or permit condition.
• Your breach of any term of this Agreement.
• Any contamination, environmental harm, or third-party claim caused by or arising from your Waste Materials.
• Any claim by a Provider against Bundle Waste that arises from your acts, omissions, or breach of your obligations.

Bundle Waste will indemnify you against direct losses proven to have been caused solely by our gross negligence in selecting a Provider that was not appropriately licensed at the time of selection, provided that you notify us promptly of any such claim and allow us to conduct the defence.

Each party’s indemnification obligations are proportionate and do not extend to losses caused by the indemnified party’s own negligence or breach, in accordance with the Competition and Consumer Act 2010 (Cth) requirements regarding unfair contract terms.

10. Duty of Care & Environmental Compliance

Bundle Waste takes its environmental responsibilities seriously. In accordance with the Environment Protection Act 2017 (Vic) and the general environmental duty, we will:

• Exercise reasonable care and diligence in selecting licensed, reputable, and appropriately permitted Providers.
• Facilitate proper waste transfer documentation between you and your Providers.
• Conduct reasonable due diligence on Providers at the time of selection, including verification of current EPA licences, registrations, and relevant permits.

You acknowledge and agree that:

• As the waste producer, you retain primary environmental responsibility for your Waste Materials under the “polluter pays” principle established in Australian environmental law.
• Bundle Waste does not warrant or guarantee that any Provider will at all times comply with all environmental laws. Our obligation is limited to exercising reasonable care in Provider selection and ongoing management.
• You are responsible for accurate waste classification and characterisation, and for maintaining records demonstrating your classification decisions.
• Any environmental levy, carbon tax, or government charge introduced after the commencement of our engagement may affect pricing and will be communicated to you.

11. Provider & Subcontractor Arrangements

You acknowledge that:

• All Providers engaged through Bundle Waste are independent contractors. They are not employees, agents, or subcontractors of Bundle Waste.
• Bundle Waste is not liable for the acts, omissions, negligence, or default of any Provider, except as expressly stated in these terms.
• We require all Providers to hold and maintain: current EPA licences and registrations, public liability insurance (minimum $10,000,000), motor vehicle liability insurance, workers’ compensation insurance (statutory requirements), and environmental/pollution liability insurance where applicable.
• Bundle Waste reserves the right to change Providers at any time without your prior consent where it determines a change is necessary for compliance, service quality, or cost optimisation. We will notify you of material Provider changes.
• If a Provider fails to perform, Bundle Waste will use reasonable endeavours to arrange an alternative Provider. We are not liable for any gap in service during the transition period.

12. Service Levels & Exclusions

Bundle Waste will use reasonable endeavours to ensure that Providers meet agreed collection schedules and service standards. However:

• We are not liable for missed collections, delays, or service failures caused by Providers, unless directly caused by our failure to communicate your requirements accurately.
• Wasted Journey Charges: If a Provider attends your site and is unable to collect waste due to your fault (including blocked access, contaminated waste, overloaded or overweight containers, or incorrect waste presentation), you will be liable for any wasted journey fee charged by the Provider.
• Overweight Containers: If containers exceed maximum safe weight limits, the Provider may refuse collection without liability. You are responsible for ensuring containers are loaded safely and within weight limits.
• Access Requirements: You must ensure safe, clear, and unobstructed access to waste collection points at all agreed times. Failure to provide access may result in additional charges.
• Response Times: Bundle Waste will acknowledge service issues within two (2) business days and work with the relevant Provider to resolve issues as promptly as reasonably practicable.

13. Contract Term, Renewal & Termination

Unless otherwise specified in your service agreement:

• Initial Term: The Agreement commences on the date specified in your service agreement and continues for an initial term of twelve (12) months.
• Renewal: After the initial term, the Agreement automatically renews for successive twelve (12) month periods unless either party provides written notice of non-renewal at least ninety (90) days before the end of the current term.
• Termination for Convenience: After the initial term, either party may terminate the Agreement by providing ninety (90) days’ written notice.
• Termination for Cause: Either party may terminate the Agreement immediately upon written notice if the other party:
  • Commits a material breach that is not remedied within thirty (30) days of written notice specifying the breach.
  • Becomes insolvent, enters administration or liquidation, has a receiver or manager appointed, or makes an arrangement with creditors.
  • Is convicted of a criminal offence that materially affects its ability to perform under the Agreement.
• Early Termination Fee: If you terminate the Agreement during the initial term without cause, you agree to pay liquidated damages equal to the average monthly fee (calculated over the preceding three months, or the full term if less than three months) multiplied by the number of months remaining in the initial term. This represents a genuine pre-estimate of loss, not a penalty.
• Post-Termination: Upon termination, any outstanding fees for savings already delivered or Services already performed remain payable. Termination does not affect your existing contracts with Providers. You will be responsible for managing Provider relationships directly following termination.

14. Force Majeure

Neither party will be liable for any failure or delay in performing its obligations under the Agreement where such failure or delay results from events beyond that party’s reasonable control, including but not limited to:

• Natural disasters, fire, flood, storm, earthquake, or extreme weather events.
• Epidemic, pandemic, or public health emergency.
• War, terrorism, civil unrest, or government sanctions.
• Industrial disputes, strikes, or labour shortages (other than of the affected party’s own employees).
• Power failure, internet or telecommunications outage.
• Government orders, regulations, or restrictions imposed after the date of the Agreement.
• Provider insolvency, cessation of trade, or loss of Provider licences.

The affected party must notify the other party promptly and use reasonable endeavours to mitigate the impact of the force majeure event. If the force majeure event continues for more than ninety (90) consecutive days, either party may terminate the Agreement without penalty by providing written notice. Force majeure does not excuse the obligation to pay fees for Services already rendered.

15. Confidentiality

Each party agrees to keep Confidential Information received from the other party strictly confidential and not to disclose it to any third party without the prior written consent of the disclosing party. 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 before disclosure, as demonstrated by written records.
• Is independently developed by the receiving party without reference to the Confidential Information.
• Is required to be disclosed by law, regulation, or court order, provided the receiving party gives the disclosing party prompt written notice (where legally permitted) and cooperates to limit the scope of disclosure.
• Is disclosed to the receiving party’s professional advisors, auditors, or insurers under obligations of confidentiality.

Bundle Waste may disclose relevant Client information to Providers to the extent necessary to deliver the Services. Confidentiality obligations survive for a period of three (3) years following termination or expiry of the Agreement. Upon termination, each party must return or destroy all Confidential Information of the other party upon written request.

16. Intellectual Property

All content on the Bundle Waste website — including text, graphics, logos, design elements, reports, analyses, waste management plans, tools, dashboards, and audit methodologies — is the intellectual property of Bundle Waste Pty Ltd unless otherwise stated.

You may not reproduce, distribute, modify, or create derivative works from any of our materials without prior written consent. Where we produce reports, analyses, or recommendations as part of our Services, you receive a non-exclusive, non-transferable licence to use those deliverables for your internal business purposes only during the term of the Agreement.

Your data remains your property. Bundle Waste may use aggregated, anonymised data (from which you cannot be identified) for benchmarking, market analysis, and service improvement purposes.

17. Data Protection & Privacy

Bundle Waste collects, uses, stores, and discloses personal information in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth) and our Privacy Policy.

• We collect only the personal information necessary to deliver our Services, such as business contact details and billing information.
• We do not sell, rent, or trade your personal information to third parties for marketing purposes.
• We may share your information with Providers to the extent necessary to deliver the Services, and with our professional advisors and service providers under appropriate confidentiality obligations.
• We implement reasonable technical and organisational security measures to protect your data from unauthorised access, loss, or misuse.
• In the event of an eligible data breach, we will notify you and the Office of the Australian Information Commissioner in accordance with the Notifiable Data Breaches scheme under Part IIIC of the Privacy Act 1988 (Cth).

You consent to your data being processed as described in these terms and our Privacy Policy.

18. Insurance

Bundle Waste maintains the following insurance coverage:

• Professional indemnity insurance appropriate to the nature and scope of our Services.
• Public liability insurance.
• Workers’ compensation insurance as required by law.

We require all Providers to maintain insurance coverage that is appropriate to the services they perform, including public liability, motor vehicle, workers’ compensation, and (where applicable) environmental/pollution liability insurance. Certificates of currency are available upon reasonable request.

You are responsible for maintaining your own insurance coverage appropriate to your business operations and waste-related liabilities.

19. Dispute Resolution

The parties agree to resolve disputes arising under or in connection with this Agreement in the following manner:

• Negotiation: The parties will first attempt to resolve the dispute through good-faith negotiation between senior representatives within thirty (30) days of one party notifying the other of the dispute in writing.
• Mediation: If negotiation does not resolve the dispute, the parties agree to submit the dispute to mediation administered by the Resolution Institute (or its successor body) in Melbourne, Victoria. The costs of mediation will be shared equally.
• Litigation: If mediation does not resolve the dispute within sixty (60) days of the mediator’s appointment (or such longer period as the parties agree), either party may commence court proceedings in the courts of Victoria, Australia.

Nothing in this clause prevents either party from seeking urgent interlocutory or injunctive relief from a court of competent jurisdiction. Each party bears its own costs for negotiation and mediation.

20. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and any courts that may hear appeals from those courts.

21. General Provisions

• Entire Agreement: The Agreement (including these terms, your service agreement, and any schedules) constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, understandings, and agreements relating to its subject matter.
• Severability: If any provision of these terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ original intent.
• Waiver: A failure by either party to exercise, or a delay in exercising, any right or remedy under these terms does not constitute a waiver of that right or remedy. A waiver is not effective unless it is in writing.
• Assignment: Neither party may assign or transfer its rights or obligations under the Agreement without the prior written consent of the other party, except that Bundle Waste may assign the Agreement to a related body corporate (as defined in the Corporations Act 2001 (Cth)) or to a successor in connection with a merger, acquisition, or sale of substantially all of its assets, upon written notice to you.
• Notices: All notices must be in writing and sent to the addresses specified in your service agreement. Notices are deemed received: on delivery (if delivered personally), on the next business day (if sent by email to a confirmed email address), or three (3) business days after posting (if sent by registered post).
• Variation: No variation to these terms is effective unless agreed in writing and signed by authorised representatives of both parties.
• Relationship of Parties: Nothing in the Agreement creates a partnership, joint venture, agency (except as expressly stated), or employment relationship between the parties.
• Survival: Clauses relating to definitions, limitation of liability, indemnification, confidentiality, intellectual property, non-circumvention, data protection, dispute resolution, and any other clauses that by their nature are intended to survive, will survive termination or expiry of the Agreement.
• Third-Party Rights: These terms do not confer any rights on any person or entity other than the parties to the Agreement, except where expressly stated.

22. Contact Us

If you have any questions about these Terms of Service, please contact us:

• Email: sales@bundlewaste.com.au
• Sales: 0403 973 920
• Customer Service: 0494 093 062
• Business: Bundle Waste Pty Ltd, Melbourne, Victoria, Australia