Client Terms & Conditions of Service.

These terms and conditions of service are made between the client (“Client”, “you”, “they”) and Davy Partners (“Consultant”, “us”, “we”).

1.  PURPOSE OF THE AGREEMENT

By us agreeing to perform the services set out in the Agreement, you will pay us in accordance with the payment schedule outlined in that agreement.

2.  TERM

The Agreement will commence on the Start Date and expire on the Expiry Date or Completion Date as outlined in the Agreement. If no End Date is outlined in the Agreement, the Agreement will continue until terminated as outlined in clause 8. Termination.

If an extension to the Agreement is required, the parties will agree in writing.

3.  WARRANTIES

We warrant to you that we shall use our best endeavors to:

  • perform the Services in accordance with this Agreement and compliance with all relevant laws and standards;
  • exercise the care, skill, competence and diligence expected from an experienced consultant;
  • maintain confidentiality of all information and documentation provided to us by you; and
  • act in good faith.

You warrant to us that you:

  • have the power and ability to enter into this contract on behalf of your company or organisation;
  • will provide us with everything needed to complete the Services including documentation and information in a timely manner;
  • act in accordance with your obligations under this Agreement and in compliance with all relevant laws and standards;
  • agree to review our work, provide feedback and approval in a timely manner; and
  • act in good faith.

4.  HOURS OF WORK

The work outlined in the Agreement will be turned around within a reasonable schedule to be determined, and where possible, mutually agreed upon prior to commencement. Late or weekend hours incurred to accommodate additional compressed deadlines, if needed, will be negotiated separately. Our schedules assume reasonable timely review and response by you, as the client, of all deliverables.

Any delay in completion of work due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond our control, shall entitle us to extend the completion date, upon notifying you, by the time equivalent to the period of such delay.

All work will be completed within the standard work week (Monday through Friday, 8:30 to 5:00pm).

Davy Partners is closed on all major holidays (as per Brisbane, Australia) and for a period of two weeks over Christmas and New Year, unless otherwise notified.

5.  PAYMENT TERMS

As the client, you agree to pay all invoices for services submitted by Davy Partners.

Our invoicing terms are strictly 14 days. Invoices are payable to Davy Partners by cash, credit card or direct deposit. Credit card fees and dishonor may apply.

All payments received are not refundable in the event the project or the relationship is terminated for any reason.

Any reference to dollars or ‘$’ is Australian dollars and all payments are to be made in Australian dollars.

For all hourly work, a minimum of one (1) hour will be charged per invoice.

In the event of non-payment, we may at our own discretion:

  • elect to apply an interest charge against your account at the rate of 3% of the outstanding moneys per month or part thereof;
  • recover against you all moneys that are owed to us, including incidental costs that are incurred in relation to the default namely debt collection costs, commissions and legal fees; and
  • list the default of payment with the appropriate credit reporting agency.

6.  LIABILITY

We do not provide legal advice. If you require a lawyer, we are happy to connect you with a firm. Where possible, we will highlight any need for you to seek legal advice.

We take all due care to provide you with quality services and advice, however, our liability is limited to the extent of the contractual payments you have made to us and then only if we have demonstrably breached our obligations to you. We accept no liability for any sort of consequential loss or damage. We do not take any responsibility for the accuracy of information you provided us and any subsequence advice we may provide based on this information.

Advice on Modern Award coverage, Award classifications and entitlements under Modern Awards (the advice) is complicated, multifaceted and can be subject to interpretation. The advice is also dependent on the information provided by you. Except in so far as liability under statute cannot be excluded, Davy Partners Pty Ltd and its employees, consultants and  officers do not accept any liability (whether arising in contract, tort, or negligence  or otherwise) for any error or inapplicability of our advice resulting from a failure by you to provide information sought by us or for the provision of inaccurate (or incomplete) information by you to Davy Partners Pty Ltd or for any resulting loss or damage (whether direct, indirect, consequential or otherwise). The Advice provided by Davy Partners Pty Ltd is current at the time of provision. Davy Partners Pty Ltd therefore accepts no responsibility for updating the advice. The advice also does not constitute legal advice.

7.  TRAVEL & EXPENSES

Travel costs associated with interstate travel (e.g. flights, accommodation, food allowance, car rental) will be passed on to the client, following prior approval.

Travel time for interstate and local travel may be passed on to the client at the discretion of Davy Partners. This time will be charged at 50% of the applicable hourly rate.

8.  TERMINATION

The Agreement can be terminated by either party giving 30 days notice in writing. You will be liable for any work performed before and during the notice period, and an invoice will be issued.

Either party may terminate this Agreement immediately:

  • If the other party becomes insolvent or similar; or
  • After failure to remedy a breach of the Agreement within 14 days of receiving written notice of the breach.

If the Agreement is terminated early, you must pay us for Services performed up to the date of termination of the Agreement, if the Services have been performed in accordance with this Agreement. The parties must return all copies of any confidential information provided by the other.

9.  INTELLECTUAL PROPERTY

Unless agreed otherwise in writing by the parties, nothing in the Agreement affects ownership of any Intellectual Property rights which came into existence before the Effective Date.

We grant you royalty-free, non-exclusive licence of the Intellectual Property supplied to you under this Agreement to the extent required for you to use it for the purposes created for this Agreement, but for no other purposes.

10.  CONFIDENTIALITY

Both parties will keep confidential and will procure that its employees, contractors and agents keep confidential the terms of the Agreement, and any Confidential Information shared during the Agreement.

11.  MISCELLANEOUS

The terms of the Agreement can only be varied or replaced by a document executed by both parties.

The Agreement is governed by the laws of Queensland, Australia.

This clause and clauses pertaining to Liability, Intellectual Property and Confidentiality shall survive the termination or expiry of this Agreement.

Davy Partners Pty Ltd

ABN: 51 639 260 932

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