Terms and Conditions
1.1. These Terms and Conditions apply to the provision of Products and Services as detailed in Quotations or Proposals by Advance Business Consulting P/L (Advance). ABN 55 078 295 066 of L5, 33 Franklin Street, Adelaide SA 5000.
1.2. Upon accepting a Quote or Proposal it is deemed that you will be accepting the Terms and Conditions as laid out in this document from the date of acceptance.
1.3. You acknowledge that any errors or omissions are excepted in all Quotes or Proposals.
2.1. A Business Day means any day other that Saturday, Sunday or recognised Public Holidays in South Australia
2.2. Words imparting the singular number shall include the plural and vice versa
2.3. Products refer to any hardware produced by Advance or Vendor products in which Advance resells.
2.4. Software refers to any programs, applications or software written by Advance or Vendor software in which Advance resells.
2.5. The Client is the company accepting any Quote or Proposal from Advance for the Supply of Products, Software or Consulting Services.
3. Fees and Invoices
3.1. All fees for Products and/or Services are outlined in the Quote or Proposal you receive and consulting is always assumed as an Estimate unless stated otherwise.
3.2. All pricing will be quoted as EX GST.
3.3. Upon accepting the Quote or Proposal, a deposit of the full amount of the Products and/or Software component will be required within 7 days and before any Products or Software can be provided or installed.
3.4. In the case that Products and/or Software are provided to the client prior to receiving full payment, then the Products and/or Software will remain the property of Advance until full payment is received.
3.5. Consulting Services will be invoiced on a weekly basis and all invoices are due within 14 days of issue
3.6. Any invoices aged 60 Days or more will incur a late payment fee of 5% of the total value of the invoice.
3.7. Any dispute or credit requests must be lodged in writing and received by Advance’s accounts department within 7 days of issue of invoice.
3.8. Any work requested as either additional functionality, change of initial scoped functionality or modifications made due to unforeseen circumstances will be considered “out of scope” and will be either quoted or accepted as billable.
4.1.1 For purposes of this Agreement, “Confidential Information” shall include all information or material that is related to the business of the client and all related databases accessing the applications Advance consult in.
4.1.2 The provisions shall not apply to the whole or any part of the Information that it is:
18.104.22.168 trivial or obvious;
22.214.171.124 in the public domain.
4.1.3 For the purposes of this Agreement, Confidential Information would also include information (written or oral) including, but not limited to, drafts, sketches, designs, work-in-progress etc. that shall be disclosed to Advance. Such information shall include information passed or discussions made during the course of any future projects between the parties.
4.2 Approved Items
4.2.1 Advance may only utilise Confidential Information for the purposes of discussing and if thought fit utilising the same for the implementation of applications specifically engaged for.
4.2.2 Items which are to be excluded are items which are deemed standard functionality or standard practices in Industry.
4.3 Ownership of Confidential Information
4.3.1 All Confidential Information disclosed by any party shall remain the property of such party and will not be disclosed to any third party unless with expressed written permissions.
4.4 Permitted disclosure
4.4.1 Advance shall take all practical steps to keep the client’s Confidential Information confidential and shall restrict access to the Confidential Information to those employees, agents and professional advisers to whom disclosure is necessary in pursuit of the engaged project(s).
4.4.2 In the case where disclosure is necessary to any of the above for the purposes of implementation, then this will be communicated and permission will be sought in writing from the client.
5. Intellectual Property
5.1 Advance reserves all copyright and any other intellectual property rights which may subside in any Goods supplied in the connecting with the provision of Services to the client unless otherwise specified or negotiated.
6. Warranty and liabilities
6.1 All vendor Products and Software warranties are covered by the vendor and any work to return Products or restore, roll-back, re-install, re-configure or correct any Software by Advance will be chargeable to the client.
6.2 Any applications or programs written for the client by Advance are “as-is” and Advance always endeavour to deliver these free of faults but in the case that faults are discovered, any time take to rectify these issues will be chargeable to the client unless otherwise stated or negotiated.
6.3 Advance excludes liability for consequential, special or indirect damages, loss of profits and liquidated damages.
6.4 In the instance where Advance may accept liability for damages, the overall liability shall not exceed the initial value of the quotation/proposal.
7. Law and Jurisdiction
7.1 These terms and conditions are governed and interpreted in accordance with the Common Law of Australia as operated in the State of South Australia.
For any questions regarding these Terms & Conditions, please contact us at email@example.com.