You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Manufacturing Skills Queensland (MSQ) in the user interface.
Manufacturing Skills Queensland (MSQ) takes your privacy seriously and any information provided through your use of the Website and/or content are subject to Manufacturing Skills Queensland (MSQ)’s Privacy Policy, which is available on the Website.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
If 1 months has have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
The Services offered by Manufacturing Skills Queensland (MSQ) is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
1 Formation of Contract
1.1 Requests for bookings for the hire of Facilities at the MCoE may be made online, over the phone, or in-person, and are subject to these Facility Hire Terms & Conditions.
1.2 All booking requests are subject to confirmation in writing by MSQ. MSQ is not obliged to accept any booking requests. Upon confirmation of a booking by MSQ in writing, a legally binding contract is formed between MSQ and the Customer incorporating these Facility Hire Terms & Conditions.
1.3 The person requesting a booking warrants they have authority to bind the Customer.
1.4 MSQ may, from time to time and in its sole discretion, make changes to these Facility Hire Terms & Conditions. MSQ will advise the Customer in writing of any such changes, including when they will take effect. The Customer must comply with such changes or, alternatively, may cancel the hire in accordance with clause24 .
2 Licence
2.1 The hire of any Facilities is a non-exclusive licence only and not a lease.
3 Responsible Person
3.1 The Customer must nominate a responsible person as primary contact and supervisor on site.
4 Permitted Use
4.1 The Customer must only use the Facilities for the purposes approved by MSQ and within the agreed areas and hours.
5 Conduct and Safety
5.1 The Customer must ensure that their invitees, personnel, representatives, employees and contractors using the Facilities (Invitees) do not interfere with other users of the MCoE and do not engage in any offensive or inappropriate activities or display materials deemed unacceptable by MSQ. The Customer is responsible for maintaining the safety and orderly conduct of all Invitees and must ensure all Invitees sign in and out electronically and vacate the Facilities by the agreed time.
5.2 Any conduct by the Customer or Invitees which is:
(a) offensive, unlawful, or involves inappropriate activities or displaying materials deemed unacceptable by MSQ;
(b) aggressive, threatening, discriminatory or harassing behaviour; or
(c) contrary to requirements under these Facility Hire Terms & Conditions,
will not be tolerated and may result in the immediate termination of the hire.
5.3 The Customer must, and must ensure that all Invitees:
(a) comply with all health and safety directions (including evacuation protocols), signage, and policies issued by MSQ;
(b) immediately report to MSQ any hazards, incidents, or unsafe conditions at MCoE; and
(c) ensure that noise is kept to acceptable levels and that they do not disturb others at the Facilities or any neighbours.
5.4 The Customer and the Invitees must comply with the Terms of Entry.
6 Minors
6.1 We welcome young people visiting MCoE as part of organised groups or school tours, provided that their attendance is approved by MSQ in advance.
6.2 No person under 16 years of age is permitted at the Facilities at MCoE without adequate adult supervision.
6.3 With respect to Invitees, the Customer is responsible for ensuring:
(a) appropriate adult-to-child supervision ratios are maintained, and that all minors are properly monitored and accounted for throughout their time on site; and
(b) parents/guardians are responsible for their minors’ behaviour and safety.
7 Animals
7.1 Except for assistance animals, no animals are allowed on the premises at MCoE without prior written consent from MSQ.
8 Smoking
8.1 Smoking is not permitted anywhere on the MCoE site. This includes in vehicles while on the MCoE campus. Smokers must leave the property boundary to smoke and select a location that is safe, well-lit at night, and considerate of neighbouring properties and the environment.
9 Food and Drink
9.1 Food and drink are only permitted in designated areas at MCoE unless prior permission is granted by MSQ. Kitchen use must comply with MSQ instructions.
9.2 Where relevant, the Customer will be solely responsible for the management of all food and catering services during the Hire Period, including but not limited to:
(a) proper storage, handling, and disposal of all food items in accordance with health and safety requirements;
(b) removing all food items, packaging, and related waste brought to the Facilities by the Customer or Invitees at the conclusion of the Hire Period; and
(c) ensuring that the kitchen facilities and any areas used for food preparation or consumption are left in a clean and hygienic condition.
9.3 The Customer acknowledges that failure to properly clean and remove food items may result in additional cleaning charges being levied by MSQ, which the Customer agrees to pay upon demand.
9.4 The Customer is welcome to engage third-party catering services for events held on at MCoE. However, the management, coordination, and supervision of such catering services will remain the sole responsibility of the Customer. This includes ensuring that all third-party caterers comply with the terms of this Facility Hire Terms & Conditions, relevant health and safety regulations, and any specific requirements communicated by MSQ. The Customer is also required to obtain all required permits and licences (as required by law).
9.5 No alcohol may be sold, supplied, or consumed without a valid liquor licence and prior written consent from MSQ. The Customer is responsible for compliance and behaviour management of Invitees.
10 Compliance with Laws
10.1 The Customer must comply with all applicable laws and regulations.
11 Use of Specialist Equipment
11.1 The Customer must ensure that any individuals operating specialist equipment provided at the MCoE as part of the Facilities during the Hire Period hold the appropriate qualifications, licences, or experience required to safely and legally operate such equipment. The Customer acknowledges responsibility for obtaining all necessary approvals, qualifications, licences or permits related to the use of specialist equipment in accordance with applicable laws and regulations.
11.2 The Customer must ensure that operation of any specialist equipment included as part of the Facilities is in accordance with MCoE operating procedures, processes and policies. Where specialist equipment is under the control of the Customer’s nominated operator and the nominated operator does not hold the relevant qualifications or licences or requisite experience or the specialist equipment is not operated according to the operating procedures, the Customer will be liable for any resulting damage including the replacement or repair of the specialist equipment.
12 Third-party Equipment (Bring-your-own)
12.1 The Customer must seek MSQ’s prior approval to bring equipment to the Facilities at MCoE and, this equipment must be safe, compliant with all safety and other applicable standards, tested, and operated only by qualified persons. The Customer is solely responsible for any such equipment, including any loss or damage to such equipment.
13 Cyber Security
13.1 The Customer will:
(a) ensure that any technology, devices, equipment, or systems brought to the Facilities at MCoE are secure, properly maintained with current security updates, free from malware or other malicious code, and do not pose any cybersecurity risk to MSQ’s systems, networks, or data; and
(b) report any security incidents immediately to MSQ.
14 MSQ reserves the right to disconnect any technology that poses a security risk without prior notice.
14.1 The Customer acknowledges that MSQ makes no warranties regarding the security of MSQ’s network infrastructure or Wi-Fi services, and the Customer uses such services at its own risk.
15 Wi-Fi access and Technology
15.1 MSQ provides Wi-Fi access as a courtesy service, and the Customer acknowledges and agrees that availability, speed, and reliability of such service cannot be guaranteed.
15.2 The Customer and its Invitees must not use MSQ’s Wi-Fi services for any unlawful, inappropriate, or excessive bandwidth activities, including but not limited to downloading large files, streaming high-definition content, or accessing prohibited websites. MSQ reserves the right to monitor usage and restrict access accordingly.
15.3 MSQ does not guarantee the availability of technical support in respect of electronics during the Hire Period.
16 Directions from MSQ
16.1 The Customer must promptly comply with all directions and policies issued by MSQ.
17 Access and Security
17.1 Access to the Facilities at MCoE is permitted only during the standard opening hours and the agreed Hire Period. Any requests for early or late access will be considered on a case-by-case basis and are not guaranteed unless expressly confirmed in writing by MSQ. The Customer must not access the Facilities outside these times without prior approval.
17.2 The Customer:
(a) may only access and use the Facilities during the approved Hire Period, and all other areas at MCoE remain off-limits unless authorised; and
(b) must ensure all Invitees behave safely and comply with MCoE policies.
17.3 The Customer and its Invitees must successfully complete MSQ’s MCoE induction upon entering the site. MSQ retains the right to refuse access to buildings and specialist equipment to any person that has not successfully completed a site induction.
17.4 MSQ retains the right to access to all parts of the Facilities during the Hire Period without notice and to allow other users access, and the Customer must not obstruct or interfere with this right.
17.5 Unless otherwise notified by MSQ, MSQ or its authorised representatives will be responsible for locking and unlocking the premises at the MCoE. Where requested by MSQ, the Customer must secure the Facilities hired upon vacating the premises at the end of the Hire Period.
17.6 MSQ may, at its absolute discretion, refuse admission to the MCoE to any person and may direct any person or persons to leave the MCoE at any time.
17.7 For larger events MSQ may decide, in its absolute discretion that a certain hiring purpose requires the engagement of security personnel. The Customer acknowledges that they will be charged an additional fee to cover the cost of security personnel, which will be priced on application and is payable to MSQ in accordance with the agreed payment terms. Security personnel must be provided by MSQ’s preferred supplier.
18 Alterations
18.1 No alterations or additions to the Facilities may be made without prior written consent of MSQ, and any such alterations must be reinstated at the end of the Hire Period at the Customer’s cost.
19 Furniture
19.1 Furniture must not be moved outside the permitted area or removed from the Facilities without consent.
20 Advertising
20.1 No advertising materials may be placed on or in the Facilities without permission.
21 Condition of Facilities
21.1 The Customer must maintain the Facilities in a safe and clean condition and leave them tidy at the end of the Hire Period.
21.2 MSQ may decide on a case-by-case basis, to charge additional costs for cleaning or to remedy any damage caused by the Customer or their Invitees.
21.3 The Customer is responsible for disposing of its own waste and trash in the bins provided throughout the MCoE Facilities. The Customer must remove any leftover food at the end of your use of the Facilities.
21.4 If the Customer wishes to use decorations in the Facilities, it must receive prior written approval from MSQ and ensure:
(a) that the decorations are setup and removed without leaving marks or damage;
(b) that the decorations do not pose a safety risk; and
(c) that no confetti, glitter or similar items are used.
22 Media and Announcements
22.1 No media or public statements regarding MSQ or the MCoE are permitted without prior written consent.
23 Charges and Payment
23.1 Fees are set annually and may be adjusted.
23.2 The minimum Hire Period is a half-day.
23.3 The hire fees payable by the Customer to MSQ for use of the Facilities during a Hire Period will be as advised by MSQ in writing at or prior to the time of confirmation by MSQ of a booking.
23.4 A 25% deposit is required for all bookings. Full payment can be made at the time of booking, or the remaining balance must be paid in full at least 10 Business Days before the Hire Period commences.
23.5 Credit card payments may incur an additional surcharge, which will be communicated at the time of payment. Bank transfer details will be provided upon booking confirmation.
23.6 The Customer is responsible for ensuring payment is made by the due date to avoid cancellation or interest.
23.7 If full payment is not received at least 10 business days prior to the commencement of the Hire Payment, MSQ reserves the right to cancel the hire.
23.8 Such cancellation shall be without any obligation to refund the deposit paid, which shall be forfeited by the Customer.
23.9 If requested by MSQ, Customer must pay interest on any amounts due under this contract that are not paid on time at the rate of 10% per annum, compounding monthly, from the due date until the date that payment is made.
24 Cancellation by Customer
24.1 Subject to clause 24.2, the Customer may cancel their booking by providing written notice to MSQ at least ten (10) Business Days prior to the scheduled commencement of the Hire Period. If such notice is received by MSQ within this timeframe, a full refund will be issued. Cancellations received less than ten (10) Business Days prior to the scheduled commencement of the Hire Period, but within five (5) Business Days prior to the scheduled commencement of the Hire Period, may be eligible for a partial refund at MSQ’s discretion. Where the Customer cancels the booking less than five (5) Business Days prior to the scheduled commencement of the Hire Period, the Customer will not be eligible for any refund.
24.2 If MSQ elects to make changes to these Facility Hire Terms & Conditions and the Customer requests to cancel their booking, the Customer will receive a full refund upon cancellation regardless of the notice period.
25 Cancellation by MSQ
25.1 MSQ reserves the absolute right to cancel any booking by providing written notice to the Customer. In such event, MSQ shall refund all fees paid by the Customer in full and shall have no further liability or obligation to the Customer for any loss, damage, cost, or expense arising directly or indirectly from such cancellation.
26 Risk and Loss
26.1 The Customer occupies and uses the Facilities at its own risk. MSQ accepts no responsibility for any loss of or damage to any property owned by the Customer or any Invitees. Property brought onto the premises by the Customer or the Customer’s Invitees is at the sole risk of the owner, and MSQ shall bear no responsibility for safeguarding such items.
26.2 The Customer will ensure that all Invitees are made aware that they are solely responsible for the security of their personal property.
26.3 The Customer must, upon request by MSQ, complete and provide a risk assessment prior to the commencement of the Hire Period and maintain such risk assessment in a current state throughout the duration of the Hire Period.
26.4 MSQ will not be liable to the Customer for any injury to or death of the Customer or its Invitees, or other third parties, except to the extent caused by MSQ’s negligence or breach of its obligations under these Facility Hire Terms & Conditions. The Customer hereby releases and indemnifies MSQ from all claims, demands, losses, liabilities, actions or proceedings arising from any such loss, damage or injury, except to the extent caused by MSQ’s negligence or breach of its obligations under these Facility Hire Terms & Conditions.
26.5 The Customer will inform MSQ in writing of any injury or loss sustained by any person using the Facilities during the Hire Period within 24 hours of the incident occurring. The Customer must further cooperate with and provide any additional information reasonably requested by MSQ as part of any investigation.
26.6 MSQ will not be liable for any loss or damage suffered by the Customer due to any breakdown of machinery, failure of the supply of electricity, leakage of water, fire, government restriction, strike, industrial relations issue, or Act of God which may cause the Facilities or any part thereof to be temporarily closed or unusable. MSQ may, in its absolute discretion, at any time close or restrict the use of any part of the Facilities and will not be liable to the Customer other than to refund any fee paid for the hire of the relevant part of the Facilities for the relevant period.
26.7 Notwithstanding any provision herein to the contrary, MSQ will not under any circumstances be liable to the Customer for any consequential loss, including but not limited to loss of profits, loss of opportunity, business interruption, loss of goodwill, damage to reputation or increased costs.
26.8 MSQ’s total aggregate liability arising out of or in connection with this contract is limited to the total amount actually paid by the Customer to MSQ pursuant to these Facility Hire Terms & Conditions.
27 Breach and Termination
27.1 MSQ may terminate this contract with the Customer for the hire of Facilities immediately for any breaches of these Facility Hire Terms & Conditions without refund.
27.2 Upon termination, the Customer must immediately remove all of its property and leave the Facilities in good condition.
27.3 Breaches of these Facility Hire Terms & Conditions by the Customer’s Invitees will be deemed breaches by the Customer.
28 Indemnity
28.1 The Customer must indemnify and keep indemnified MSQ and its directors, employees, contractors and agents against any claims, loss, damage, costs or liabilities arising from or caused by:
(a) the use by the Customer or its Invitees of the Facilities, except to the extent caused by MSQ’s negligence;
(b) any breach of these Facility Hire Terms & Conditions by the Customer; or
(c) any negligence of the Customer or its employees, contractors or agents.
29 Insurance
29.1 The Customer must effect and maintain the following insurances throughout the Hire Period:
(a) Workers’ Compensation insurance – covering its employees;
(b) Public liability insurance on an occurrence basis, for an amount not less than $20 million (or such higher amount as MSQ may reasonably determine) for any one occurrence, covering legal liability for damage to any real or personal property (including of MSQ) and injury to or death of any person; and
(c) any other insurances reasonably required by MSQ for the foreseeable risks associated with the use of the Facilities.
(d) the Customer must produce a certificate of currency for the above insurances to MSQ promptly upon request.
30 Privacy
30.1 The Customer acknowledges and agrees thatMSQ may collect personal information about the Customer and its representatives and Invitees.
30.2 Personal information collected by MSQ will be handled in accordance with MSQ’s Privacy Policy and the Privacy Act 1988 (Cth);
30.3 The Customer must obtain all necessary consents from its employees, representatives and Invitees regarding the collection, use, and disclosure of their personal information by MSQ in connection with this Facility Hire Terms & Conditions; and
30.4 MSQ may disclose personal information to third parties, including but not limited to the Queensland Government, where required or permitted by law, where necessary for the provision of the Facilities or any services, for reporting or where reasonably necessary to protect MSQ’s legitimate interests, or otherwise in accordance with the MSQ Privacy Policy.
30.5 The Customer acknowledges that MSQ may use security cameras and other monitoring systems at the Facilities for security, incident investigation and safety purposes. The Customer must inform its Invitees of the presence of such monitoring systems.
30.6 The Customer must not install or use any surveillance, recording, or monitoring equipment on the premises at MCoE without MSQ’s prior written consent.
31 Dispute Resolution
31.1 If a dispute arises in relation to this contract or the Facilities (Dispute), either party may give written notice to the other that a Dispute exists outlining the details of the Dispute (Dispute Notice).
31.2 The parties agree that if a Dispute arises out of or relates to this contract or the Facilities, a party may not commence any legal proceedings relating to the Dispute unless it has complied with the provisions of this clause except to seek urgent equitable or interlocutory relief. If the procedures in this clause are not completed within thirty (30) Business Days from the date of the Dispute Notice, either party may commence legal proceedings relating to the Dispute.
31.3 When a Dispute arises between the parties in relation to this contract:
(a) if the parties cannot resolve the Dispute within five (5) Business Days after date of the Dispute Notice, the Dispute is to be referred to the respective officers or their nominees of each party (Nominated Officers) for resolution; and
(b) if the Nominated Officers cannot resolve the Dispute within fifteen (15) Business Days after the Dispute Notice was first given:
(i) either party may by notice in writing to the other party require that the Dispute be submitted to mediation (ADR Notice);
(ii) the mediator is to be agreed by the parties or, failing agreement within five (5) Business Days after the date of the ADR Notice, by a mediator appointed by the Chair of the Resolution Institute, or the Chair’s designated representative; and
(iii) the mediation will be conducted in Brisbane, Queensland in accordance with the Resolution Institute Mediation Rules.
(c) Each party must pay its own internal and legal costs in relation to complying with this clause. The mediator’s costs are to be shared equally between the parties.
32 General
32.1 This contract constitutes the entire agreement of the parties and supersedes all prior oral or written representations and agreements.
32.2 This contract is governed by and is to be construed in accordance with the laws applicable in Queensland, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.
32.3 This contract is personal to the Customer and is not transferable by the Customer without the prior written consent of MSQ. MSQ may assign the benefit of this contract to any third party without the consent of the Customer.
32.4 These Facility Hire Terms & Conditions apply retrospectively if the Customer used the MCoE Facilities before contract formation.
32.5 This contract may only be amended in writing signed by the parties.
32.6 In this contract:
(a) a single or partial exercise or waiver by a party of a right relating to this contract does not prevent any other exercise of that right or the exercise of any other right;
(b) a party is not liable for any loss, cost or expense of any other party caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right;
(c) a waiver by one party does not prejudice its rights in respect of any subsequent breach of this contract by the other party;
(d) a party does not waive its rights under this contract because it grants an extension or forbearance to the other party; and
(e) a waiver is not effective unless it is in writing.
32.7 Any notices provided to MSQ under these Facility Hire Terms & Conditions must be emailed to [email protected]
32.8 MSQ may provide the Customer with notice under these Facility Hire Terms & Conditions by email, post or personal delivery to any address provided to MSQ for the Customer with respect to any booking request, or to the Customer’s registered office (if applicable).
33 Definitions
33.1 Business Day means a day that is not a Saturday, Sunday or public holiday in Brisbane, Queensland.
33.2 Customer means the person, company or organisation identified in a booking request and booking confirmation as the hirer of the Facilities for the purposes of these Facility Hire Terms & Conditions.
33.3 Facilities means the room(s) and any equipment or other facilities at the MCoE identified in MSQ’s confirmation of a booking request.
33.4 Facility Hire Terms & Conditions means these terms and conditions.
33.5 Hire Period means the agreed specific duration for which the Facilities are booked and made available for the Customer’s use as confirmed by MSQ in writing.
33.6 MCoE means Manufacturing Centre of Excellence.
33.7 MSQ means Manufacturing Skills Queensland Limited ACN 663 505 191.
33.8 Privacy Policy means the MSQ privacy policy located at https://msq.nousuat.com.au/privacy-policy/.
33.9 Terms of Entry means the MCoE terms of entry which can be viewed at msq.nousuat.com.au.