1. Agreement to these Terms
By requesting a quote, engaging our services, or accessing https://hydraulicmoorabbincojsts.online (the “Website”), you agree to be bound by these Terms of Service (the “Terms”). If you do not agree with any part of these Terms, please do not use the Website or engage our services. These Terms, together with any proposal, statement of work or engagement letter we issue, form the entire agreement between you and us in relation to the relevant services.
2. Who we are
Hydraulic Moorabbin Cojsts Pty Ltd (ABN 89 702 762 203) is an Australian proprietary limited company providing professional business and consulting services to organisations across Melbourne VIC and surrounding areas. References in these Terms to “we”, “us” or “our” mean Hydraulic Moorabbin Cojsts Pty Ltd, and references to “you” or “your” mean the client who engages us.
3. Our services
We provide professional business and consulting services, which may include business advisory, strategic planning, operational reviews, process improvement, governance support and related consulting work. The precise scope, deliverables, timelines and fees for each engagement will be recorded in a written proposal, statement of work or engagement letter accepted by both parties. Any work falling outside that agreed scope will be quoted separately before it is undertaken.
4. Quotes and engagements
Quotes we issue are valid for 30 days from the date of issue unless the quote states otherwise. A quote is an invitation to engage us and does not constitute a binding offer. An engagement commences only when you accept a quote or engagement letter in writing (including by email) and any deposit we require has been received. We reserve the right to decline or discontinue any engagement where a conflict of interest arises or where we reasonably believe the engagement cannot be performed to a proper professional standard.
5. Fees, invoicing and payment
Fees are set out in the applicable quote, statement of work or engagement letter and are exclusive of GST unless stated otherwise. Where fees are calculated on a time basis, time is recorded in the increments agreed in the engagement documents. We will issue tax invoices on the schedule set out in the engagement documents, and payment is due within 14 days of the date of invoice unless another period is agreed in writing.
We may charge interest on overdue amounts and recover reasonable costs of pursuing overdue amounts, to the extent permitted by law. We may suspend work on an engagement where an invoice remains overdue beyond 30 days, after giving you written notice.
6. Client responsibilities
You agree to:
- provide accurate, complete and timely information and documents we reasonably require;
- give us access to relevant personnel, systems and premises where needed to perform the services;
- obtain any internal approvals or third-party consents required for the engagement; and
- ensure any instructions given to us are authorised by a person with authority to bind you.
Delays caused by unmet responsibilities may affect agreed timelines and, where time-based fees apply, may result in additional fees.
7. Intellectual property
We retain ownership of all pre-existing intellectual property, including our methodologies, frameworks, templates and tools. On full payment of our fees, you are granted a perpetual, non-exclusive, royalty-free licence to use the deliverables we prepare for you for your internal business purposes. You retain ownership of information and materials you supply to us. Neither party may use the other’s trade marks or branding without prior written consent.
8. Confidentiality
Each party will keep confidential all non-public information received from the other in connection with an engagement and will use it only for the purpose of performing that engagement. These obligations do not apply to information that is or becomes public through no breach of these Terms, was lawfully known before disclosure, is independently developed, or is required to be disclosed by law or a regulator, provided reasonable notice is given where lawfully permitted.
9. Liability and Australian Consumer Law
(a) Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be excluded under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) or any other applicable law.
(b) To the extent permitted by law, and except in relation to services of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for a failure to comply with a consumer guarantee is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.
(c) To the fullest extent permitted by law, we are not liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, data or business opportunity, arising from the services. Our total liability for any claim relating to the services is limited to the fees you paid for the services giving rise to the claim, except where liability cannot be limited by law.
(d) You remain responsible for the decisions you make based on our advice. Our services do not constitute legal, financial, taxation or investment advice unless expressly stated in writing.
10. Privacy
We handle personal information in accordance with our Privacy Policy. By engaging our services, you consent to the collection, use and disclosure of personal information as described in that policy.
11. Termination
Either party may terminate an engagement by giving 14 days’ written notice, or immediately where the other party commits a material breach that is not remedied within 10 business days of written notice, or becomes insolvent. On termination you must pay for services performed and expenses properly incurred up to the termination date. Clauses relating to intellectual property, confidentiality, liability and governing law survive termination.
12. Force majeure
We are not liable for delay or failure to perform the services caused by events beyond our reasonable control, including natural disasters, industrial action, utility or communications failures, pandemics or acts of government. Where such an event continues for more than 30 days, either party may terminate the affected engagement without liability other than to pay for services performed to that date.
13. Governing law and disputes
These Terms are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria. Before commencing proceedings, the parties will attempt in good faith to resolve any dispute by direct negotiation between senior representatives for at least 20 business days.
14. Changes to these Terms
We may update these Terms from time to time by publishing a revised version on this page. The version applying to a particular engagement is the version in force when the engagement commences, unless a signed engagement document states otherwise. Continued use of the Website after changes are published constitutes acceptance of the updated Terms.
15. Contact us
Questions about these Terms can be sent to ceo@hydraulicmoorabbincojsts.online or submitted through our contact page. Written enquiries are answered within two business days. You may also request a written copy of these Terms by email at any time.