# Are Your Quote Terms Unfair? Unfair Contract Terms Rules for Tradies in Australia

Since 9 November 2023, using unfair terms in standard form contracts can attract big penalties. Here is what the ACCC says counts as unfair, how it applies to tradie quotes and website terms, and how the same law protects you from one-sided supplier and website contracts.

Published: 2026-11-11
Category: business
Author: JetBlok Studio

> **Quick answer**
>
> - **Unfair terms are now banned, not just void.** Since 9 November 2023, proposing, using or relying on unfair terms in standard form contracts is banned and penalties apply. ([ACCC, Contracts](https://www.accc.gov.au/business/selling-products-and-services/contracts))
> - **It covers your customers.** The rules protect consumers, and small businesses with fewer than 100 employees or less than $10 million in annual turnover.
> - **Penalties are serious.** The maximum for a business is the greatest of $50 million, three times the benefit obtained, or 30 per cent of adjusted turnover during the breach period. For an individual it is $2.5 million. ([ACCC media release](https://www.accc.gov.au/media-release/accc-welcomes-new-penalties-and-expansion-of-the-unfair-contract-terms-laws))
> - **It protects you too.** Most tradie businesses fit the small business test, so one-sided terms in contracts you sign with suppliers, software or website providers can also be unfair.

Most tradies do not write a fresh contract for every job. You have a quote template, some terms and conditions at the bottom, maybe a booking form on your website with a tick box. That is exactly what the law calls a standard form contract, and since late 2023 the terms inside it have real consequences.

We build [websites for tradies](https://jetblok.com.au/websites-for-tradies) across Perth, including quote forms and online bookings with terms attached. This guide sets out what the ACCC says about unfair contract terms in plain English, and what to check in your own quotes, website terms and the contracts other businesses ask you to sign.

*This is general information from ACCC and government guidance, not legal advice. If you are rewriting your contracts, get advice from a lawyer or your industry association.*

## What is a standard form contract?

Broadly, it is a contract one business prepares in advance and offers on a take it or leave it basis, where the other side has little or no real chance to negotiate the terms. For a tradie, that usually means:

- the terms and conditions printed on your quotes and invoices
- the terms a customer agrees to when they book or pay a deposit on your website
- maintenance or service agreements you offer to every customer on the same terms

The ACCC notes that the 2023 changes apply to standard form contracts made or renewed on or after 9 November 2023, and to any term varied or added from that date. If you have changed a term since then, the new rules on deciding whether it is a standard form contract apply to the whole contract. ([ACCC, Contracts](https://www.accc.gov.au/business/selling-products-and-services/contracts))

## When is a term unfair?

The ACCC says a contract term is unfair if it does all three of these things:

- causes a significant imbalance in the rights and obligations of the parties
- is not reasonably necessary to protect the legitimate interests of the party who benefits from it
- would cause financial or other harm to the other party if it were enforced

A court must look at the contract as a whole and whether the term is transparent, meaning written in plain language, legible and easy to find. A fair term buried in fine print can still cause trouble.

The law gives examples of terms that may be unfair, including terms that let one party, but not the other:

- avoid or limit their responsibilities under the contract
- end the contract
- penalise the other party for breaching or ending the contract
- change the terms of the contract

([ACCC, Contracts](https://www.accc.gov.au/business/selling-products-and-services/contracts))

## What this looks like on a tradie quote

Here are common quote and booking terms that line up with those examples. Whether any one of them is unfair depends on the whole contract, but each is worth a second look:

- **One-way cancellation.** You can cancel or reschedule any time, but the customer loses their deposit if they cancel for any reason.
- **Price changes at your discretion.** A term saying you can change the price after acceptance without a clear reason or limit. If material costs move, a clear quote expiry date is the cleaner fix.
- **Blanket liability exclusions.** A term saying you are not responsible for any damage or defect, whatever the cause. This can also clash with consumer guarantees, which cannot be excluded.
- **Fees only one side can be charged.** Late fees, call-out fees or cancellation fees that apply to the customer, with nothing equivalent when you are late or cancel.
- **Terms the customer cannot see.** A booking form that says the customer agrees to terms that are not linked, not shown or not readable on a phone.

Fair terms are not weak terms. A deposit that covers ordered materials, a reasonable notice period for cancellations on both sides, and a clear variation process all protect your legitimate interests. For deposit limits in WA, see our guide to [how much deposit a tradie can ask for](https://jetblok.com.au/blog/tradie-deposit-rules-wa).

## The same law protects your business

After the 2023 changes, a small business is covered for any new or varied standard form contract if it employs fewer than 100 people or has less than $10 million in annual turnover. ([NSW Government, Unfair contract terms](https://www.nsw.gov.au/legal-and-justice/consumer-rights-and-protection/guarantees-contracts-and-warranties/contracts/unfair-contract-terms)) That describes most trade businesses.

So the rules also apply to the contracts you are handed: supplier accounts, equipment hire, software subscriptions, lead generation services and website deals. Watch for long lock-ins where only the provider can end the contract, fees that rise whenever the provider chooses, and website contracts where you do not own your domain or content when you leave.

Enforcement has started. The federal government has noted the ACCC accepted court-enforceable undertakings from Mable Technologies and Aidacare, with both companies admitting they likely used unfair contract terms in their standard form contracts. ([Treasury Ministers media release](https://ministers.treasury.gov.au/ministers/andrew-leigh-2025/media-releases/more-tools-protect-consumers-and-small-businesses-unfair))

## Showing fair terms on your website

Your website is often where a customer first sees your terms, so make them easy to trust:

- **Link your terms next to the button.** Put a readable link to your terms beside the quote request, booking or deposit button, not only in the footer.
- **Use plain English headings.** Deposits, cancellations, variations, payment and warranty, each in a short section that works on a phone.
- **Make cancellation rules two-way.** Say what happens if you need to reschedule, not just the customer.
- **Keep your quote and website terms the same.** Mismatched versions make it harder to show a customer what they agreed to.
- **Date your terms.** Note when you last updated them so you know which version applied to each job.

## Quick checklist

- Can you and the customer both end the contract on similar terms?
- Do any fees or penalties apply to only one side?
- Can you change the price or terms after acceptance, and is that limited and explained?
- Do any terms try to exclude all responsibility for your work?
- Are your terms in plain English, readable on a phone and easy to find before someone books?
- Have you checked the contracts you have signed with suppliers and service providers?

## Sources

- [ACCC, Contracts](https://www.accc.gov.au/business/selling-products-and-services/contracts)
- [ACCC, New penalties and expansion of the unfair contract terms laws](https://www.accc.gov.au/media-release/accc-welcomes-new-penalties-and-expansion-of-the-unfair-contract-terms-laws)
- [NSW Government, Unfair contract terms](https://www.nsw.gov.au/legal-and-justice/consumer-rights-and-protection/guarantees-contracts-and-warranties/contracts/unfair-contract-terms)
- [Treasury Ministers, More tools to protect consumers and small businesses from unfair contract terms](https://ministers.treasury.gov.au/ministers/andrew-leigh-2025/media-releases/more-tools-protect-consumers-and-small-businesses-unfair)

## Want a tradie website with terms customers trust?

JetBlok builds fast, custom [tradie websites](https://jetblok.com.au/websites-for-tradies) for businesses in [Gosnells](https://jetblok.com.au/web-design-perth/gosnells), [Thornlie](https://jetblok.com.au/web-design-perth/thornlie), [Canning Vale](https://jetblok.com.au/web-design-perth/canning-vale), [Armadale](https://jetblok.com.au/web-design-perth/armadale) and across [Perth](https://jetblok.com.au/web-design-perth), with clear terms, quote forms and bookings that make people comfortable saying yes. Also worth a read: [the ACCC rules on showing prices](https://jetblok.com.au/blog/website-prices-include-gst-accc-tradies).

See it first, pay later: 10% deposit (minimum $199) to start, No GST charged. [Build your quote](https://jetblok.com.au/get-a-quote) or check our [pricing](https://jetblok.com.au/pricing).

## Sources

- [ACCC, Contracts](https://www.accc.gov.au/business/selling-products-and-services/contracts)
- [ACCC, New penalties and expansion of the unfair contract terms laws](https://www.accc.gov.au/media-release/accc-welcomes-new-penalties-and-expansion-of-the-unfair-contract-terms-laws)
- [NSW Government, Unfair contract terms](https://www.nsw.gov.au/legal-and-justice/consumer-rights-and-protection/guarantees-contracts-and-warranties/contracts/unfair-contract-terms)
- [Treasury Ministers, More tools to protect consumers and small businesses from unfair contract terms](https://ministers.treasury.gov.au/ministers/andrew-leigh-2025/media-releases/more-tools-protect-consumers-and-small-businesses-unfair)

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