1. About These Terms
These Terms of Service (“Terms”) apply to your access to and use of the website located at austotalsolutionsau.space, and to any professional business or consulting services supplied by us to you. By using this website, requesting a quote, or engaging our services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use this website or engage our services.
Where a signed engagement letter, proposal, statement of work or other written agreement exists between you and us, the terms of that document prevail over these Terms to the extent of any inconsistency for the relevant engagement.
2. Who We Are
Austotalsolutions Pty Ltd (“Austotal Solutions”, “we”, “us” or “our”) is an Australian proprietary limited company that carries on a business providing professional business and consulting services, including strategy, operations, process improvement and advisory support. We hold an Australian Business Number (ABN), which is published in the footer of this website and is available on request. We are based in Melbourne VIC and work with clients across Australia.
3. Use of This Website
The information on this website is provided for general informational purposes only. It does not constitute financial, legal, taxation or other professional advice, and it does not take account of your particular circumstances. You should obtain appropriately qualified professional advice before acting on anything published on this website.
When using this website, you agree not to:
- attempt to interfere with, disrupt or gain unauthorised access to the website or related systems;
- use the website for any unlawful, fraudulent or misleading purpose;
- copy, reproduce or republish substantial parts of the website content without our prior written consent; or
- misrepresent your identity or your affiliation with any person or organisation.
We may amend, suspend or withdraw any part of this website, including any content or functionality, at any time without notice.
4. Our Services
We provide professional business and consulting services. The precise scope of services, deliverables, timetable and fees for each engagement will be set out in a proposal, engagement letter or statement of work accepted by you (“Engagement Documents”). Any change to the agreed scope must be agreed in writing between the parties and may affect the fees and timetable.
Consulting outputs are based on the information you provide and on our professional judgement at the time they are prepared. Outcomes depend on factors outside our control, and we do not guarantee any particular commercial result from our services.
5. Quotes and Proposals
Unless otherwise stated in writing, a quote or proposal provided by us:
- is valid for 30 days from the date it is issued;
- is based on the information available to us at the time, and may change if that information proves inaccurate or incomplete; and
- does not constitute acceptance of an engagement until we confirm the engagement in writing.
6. Fees, Invoices and Payment
All fees are expressed in Australian dollars. Unless stated otherwise, fees are exclusive of goods and services tax (GST), which will be added where applicable in accordance with A New Tax System (Goods and Services Tax) Act 1999 (Cth).
We will issue tax invoices in accordance with the payment schedule set out in the Engagement Documents. Unless the Engagement Documents specify another period, invoices are payable within 14 days of the date of issue.
If an invoice remains unpaid after its due date, we may suspend provision of services until outstanding amounts are paid, and we may recover reasonable costs of recovering the debt to the extent permitted by law. If you dispute any amount on an invoice, you must notify us in writing within 7 days of the invoice date, pay the undisputed portion, and the parties will work in good faith to resolve the dispute promptly.
7. Your Responsibilities
You agree to:
- provide accurate, complete and timely information and access reasonably required for us to perform the services;
- ensure that any information or materials you supply to us do not infringe the rights of any third party;
- make timely decisions and provide approvals reasonably required to progress the engagement;
- comply with all laws applicable to your business and your use of our services; and
- use any deliverables solely for the purposes contemplated by the Engagement Documents.
Delays caused by you, including delays in providing information, access or decisions, may affect the timetable and, where time-based fees apply, the fees payable.
8. Intellectual Property
All intellectual property rights existing prior to an engagement, or created independently of it, remain the property of the party that owned them. Subject to receipt of full payment for the relevant services, you receive the rights of use set out in the Engagement Documents in relation to the deliverables prepared specifically for you.
Our methodologies, frameworks, tools, templates and know-how remain our property. You retain ownership of the information and materials you provide to us.
9. Confidentiality
Each party must keep confidential all non-public information received from the other party in connection with an engagement, and must not disclose it except with the disclosing party’s consent, to advisers and personnel who reasonably need to know and who are bound by confidentiality obligations, or as required by law. These obligations survive completion or termination of an engagement.
10. Consumer Guarantees and Liability
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law (being Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified by agreement.
Where you acquire our services as a consumer for the purposes of the Australian Consumer Law, you are entitled to the following guarantees, among others:
- services will be rendered with due care and skill;
- services will be reasonably fit for any purpose you made known to us; and
- services will be supplied within a reasonable time when no time has been set.
If our services fail to meet a consumer guarantee that applies to you, you may be entitled under the Australian Consumer Law to a remedy such as resupply of the services or payment of the cost of resupply, or in some cases a refund, to the extent provided by that law.
To the fullest extent permitted by law, and except for liability that cannot be excluded by law, our total aggregate liability arising out of or in connection with an engagement or these Terms is limited to the fees actually paid by you to us for the services giving rise to the liability. To the extent permitted by law, we are not liable for indirect or consequential loss, loss of profit, loss of revenue, or loss of business opportunity.
11. Termination
Either party may terminate an engagement for convenience by giving at least 14 days’ written notice to the other party. Either party may terminate an engagement immediately by written notice if the other party commits a material breach that is not remedied within 14 days of written notice, or becomes insolvent within the meaning of the Corporations Act 2001 (Cth).
On termination, you must pay for all services properly performed and expenses properly incurred up to the date of termination, and each party must return or destroy the other party’s confidential information on request, except where retention is required by law.
12. Privacy
We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy, which forms part of these Terms. Please review the Privacy Policy before providing any personal information to us.
13. General Provisions
- Governing law: These Terms are governed by the laws of Victoria, Australia, and the parties submit to the jurisdiction of the courts of Victoria and the courts competent to hear appeals from them.
- Entire agreement: Together with the Engagement Documents and our Privacy Policy, these Terms constitute the entire agreement between the parties in respect of their subject matter.
- Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force.
- Assignment: You may not assign or transfer your rights under these Terms without our prior written consent.
- Force majeure: Neither party is liable for a failure or delay in performance caused by an event beyond its reasonable control, provided it notifies the other party and resumes performance as soon as practicable.
- Amendments: We may update these Terms from time to time by publishing the revised version on this website. The version published at the time you use this website or commence an engagement applies.
14. Contact Us
If you have any questions about these Terms, or wish to give notice under them, please email us at ceo@austotalsolutionsau.space. We aim to acknowledge enquiries within two business days.
Postal enquiries may be directed to Austotalsolutions Pty Ltd, Melbourne VIC, Australia. Our trading hours are Monday to Friday, 9:00 am to 5:00 pm Melbourne time (AEST/AEDT as applicable).