Terms and Conditions

Website

Definitions

In these Terms and Conditions:

“Account” means a personal account created by you on the Website;

“Austere”, “we”, or “us”  means Austere Risk Group Pty Ltd (ABN 34 632 094 396) trading as Austere Risk Management

“Additional Delivery Charge” has the meaning given in Section 3.4;

“Delivery Charge” has the meaning given in Section 3.3;

“Delivery Options” means the delivery options available for an Order which is listed on the Website, as updated from time to time. The delivery options available for an Order will vary depending on factors such as the nature of the Goods you are purchasing and your delivery address. Delivery options may include standard delivery, express delivery, or same-day delivery. Delivery Charges and estimated delivery times may vary for each Delivery Option;

“International Delivery Charges” has the meaning given in Section 3.5;

“Order” means an order for Goods, placed on the Website;

“Password” means the password needed to access your Account;

“Selected Delivery Option” has the meaning given in Section 9.7; and

“Website” means austererisk.com.

Terms of Use Policy

These Terms of Use (these “Terms”) govern the web pages of the Website”.

By using this Website, you are agreeing to these Terms. If you do not agree to these Terms, then you are not allowed to use this Website and should immediately terminate such usage.

This Website is provided by Austere and those entities controlled by Austere

Unless otherwise indicated, the content on this Website is provided by us or another member of the Austere Group (defined as those entities wholly or partly controlled or owned by Austere).

Unless otherwise indicated on the content, you are authorised to view, copy, print, and distribute (but not modify) the content on this Website; provided that (i) such use is for informational, noncommercial purposes only, and (ii) any copy of the content that you make must include the copyright notice or other attribution, if any, associated with the content.

You are not authorised to copy or use any software, proprietary processes, or technology embodied in this Website. Except as expressly provided herein, you shall not use the names “Austere”, “Austere Risk Management”, the Austere logo, or other registered or unregistered trademarks of Austere that appear on this Website.

References to other parties’ trademarks on this Website are for identification purposes only and do not indicate that such parties have approved this Website or any of its contents. These Terms of Use do not grant you any right to use the trademarks of other parties.

Images which are not the property of Austere are license-free stock images from unsplash.com

Disclaimer and limitation of liability

This website contains general information only, and we are not, by means of this website or any part thereof, rendering professional advice or services. Before making any decision or taking any action that might affect your finances or business, you should consult a qualified professional advisor.

This website is provided as-is, and we make no express or implied representations or warranties regarding it. Without limiting the foregoing, we do not warrant that this website will be error-free or will meet any particular criteria of performance or quality. We expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.

Your use of this website is at your own risk and you assume full responsibility and risk of loss resulting from your usage. We will not be liable for any direct, indirect, special incidental, consequential, or punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort (including, without limitation, negligence), or otherwise, relating to the use of this website.

Certain links on this website lead to resources maintained by third parties over whom we have no control, including pages on https://austererisk.com and other websites maintained by other members of Austere Risk Group Pty Ltd. Without limiting any of the foregoing, we make no express or implied representations or warranties whatsoever regarding such resources and websites.

The above disclaimers and limitations of liability shall be applicable not only to us but also to each other member of the website.

If any of these terms of use is invalid or unenforceable in any jurisdiction, then (i) in that jurisdiction they shall be re-construed to effect their intent as nearly as possible and the remaining terms shall remain in full force and effect, and (ii) in every other jurisdiction, all of these terms of use shall remain in full force and effect.

Privacy Policy

Your privacy is important to us. It is Austere Risk Group Pty Ltd’s policy to respect your privacy regarding any information we may collect from you across our website, https://austererisk.com, and other sites we own and operate.

We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used.

We only retain collected information for as long as necessary to provide you with your requested service. What data we store, we’ll protect within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification.

We don’t share any personally identifying information publicly or with third-parties, except when required to by law.

Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites, and cannot accept responsibility or liability for their respective privacy policies.

You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.

Your continued use of our website will be regarded as an acceptance of our practices around privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us.

Terms of sale

These Terms and Conditions constitute a legally binding contract between the customer (“you”) and us and apply to the ordering purchase, fulfillment, and delivery of electronic, digital, or physical goods and services from austererisk.com. By placing an order for Goods from us you agree to these Terms and Conditions.

Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfillment, and delivery of Goods.

Your Legal Rights

Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that Austere Risk Group Pty Ltd represents they will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified. 

Pricing and Taxes

Prices for Goods are as shown on the Website.

Austere Risk Group Pty Ltd reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your order is accepted by Austere Risk Group Pty Ltd.

In addition to the price for the Goods, you will also need to pay the listed delivery charge (if any) (“Delivery Charge”) for your Selected Delivery Option. Any Delivery Charge will appear in your shopping cart.

In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide door-to-door service (“Additional Delivery Charge”). These include, without limitation, Christmas Island, Norfolk Island, Roma, and Nhulunbuy. Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you live in an area to which an Additional Delivery Charge will apply Austere Risk Group Pty Ltd will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If within the timescale specified, you do not agree to accept the Additional Delivery Charge, Austere Risk Group Pty Ltd will cancel your Order. Austere Risk Group Pty Ltd will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.

If Austere Risk Group Pty Ltd agrees to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart.

By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.

All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST where GST is applicable.

Your Account

If you do not already have an Account you will need to create one before placing an Order, unless you utilise the “Guest Checkout” feature of the Website.

You may not set up an Account for someone else.

Please ensure that you enter all information carefully when creating an Account. You warrant to Austere Risk Group Pty Ltd that all information provided by you in relation to your Account is complete, true and accurate

You must notify Austere Risk Group Pty Ltd immediately if you become aware of any actual or potential unauthorised use of your Password or Account.

Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Austere Risk Group Pty Ltd will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify Austere Risk Group Pty Ltd, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

If Austere Risk Group Pty Ltd suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify Austere Risk Group Pty Ltd then you must pay Austere Risk Group Pty Ltd the amount of that loss, damage, cost or expense if Austere Risk Group Pty Ltd asks you to.

Orders

You can place an Order by following the instructions on the relevant website page

An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge if applicable, as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge. We may accept or reject your offer in its absolute discretion. In particular, but without limitation, Austere Risk Group Pty Ltd may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods please contact contact@austererisk.com.

Each order that you place will, if accepted by Austere Risk Group Pty Ltd, be a separate and binding agreement between you and Austere Risk Group Pty Ltd with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.

If you place an Order for someone else to receive the Goods you must obtain their consent before providing Austere Risk Group Pty Ltd with their personal information and, by placing an Order, you confirm to Austere Risk Group Pty Ltd that you have done this.

Please ensure that you enter all information carefully when placing an Order. You warrant to Austere Risk Group Pty Ltd that all information provided by you in relation to each Order is complete, true, and accurate.

Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Austere Risk Group Pty Ltd. Austere Risk Group Pty Ltd will use reasonable endeavors to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.

Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Austere Risk Group Pty Ltd will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by Austere Risk Group Pty Ltd, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order. Austere Risk Group Pty Ltd cannot consolidate separate Orders into one delivery.  

Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: where the goods are being dispatched from different locations; where the Goods are of different types (e.g a mixture of hardware and software); or where the Goods have different availability statuses. Please note that a Delivery Charge is calculated based on several factors including the Good’s weight, dimensions, packaging, the number of delivery shipments required and the Selected Delivery Option. 

You acknowledge that all Goods that you Order are intended for personal, domestic, non-commercial use only.

The internet can be unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.

You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.

Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Austere Risk Group Pty Ltd will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in the previous section or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

After the Payment

When you submit an Order you will receive an Order reference number via e-mail.

We will process payment for your Order when, or shortly after, you place your Order. Your Order is deemed to be accepted by us when Austere Risk Group Pty Ltd does this, however, we may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that Austere Risk Group Pty Ltd cancels your Order having already processed the payment, it will refund payment. 

In the event that the price of a Pre-Order is permanently reduced between the time that payment is taken pursuant to Section 6.2 above and the time of the dispatch of the Pre-Order, the amount of the price reduction will be refunded to you. For credit card or PayPal account payment, the time that it takes for the refund to take effect is likely to be between 1 and 10 days and will depend upon how quickly your issuing bank or PayPal (as the case may be) processes the cancellation. For Austere Risk Group Pty Ltd Gift Card payment, the time that it takes for the refund to take effect is likely to be between 5-10 days.

When Austere Risk Group Pty Ltd accepts an Order it represents an agreement by Austere Risk Group Pty Ltd to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.

You must pay for Goods by credit card (Visa or Mastercard), certain prepaid payment cards, PayPal account, or by Austere Risk Group Pty Ltd Gift Card. If the name on the credit card/payment card/account does not match the name on the Order, Austere Risk Group Pty Ltd may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card/gift card you authorise Austere Risk Group Pty Ltd to deduct the price and the applicable delivery charge(s) from such card.

Austere Risk Group Pty Ltd reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.

Austere Risk Group Pty Ltd may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, Austere Risk Group Pty Ltd reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.

Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.

Cancellation of Orders

Austere Risk Group Pty Ltd reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Austere Risk Group Pty Ltd may do this for example, but without limitation, where:

(a) Austere Risk Group Pty Ltd’s suppliers are unable to supply Goods that they have previously promised to supply;

(b) an event beyond Austere Risk Group Pty Ltd’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Austere Risk Group Pty Ltd is unable to supply the Goods within a reasonable time;

(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;

(d) you ask Austere Risk Group Pty Ltd to cancel your Order in accordance with section 5.8; or

(e) in the circumstances set out in Sections 3.4 or 6.7.

You may cancel your Order where Austere Risk Group Pty Ltd:

(a) has breached a material term of this Agreement;

(b) is not able to deliver your order within a reasonable time of the estimated delivery time listed on the Website for the applicable Selected Delivery Option, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; or (ii) which was outside Austere Risk Group Pty Ltd’s control including the situations set out in Sections 7.1(a) and (b) above.

Where Austere Risk Group Pty Ltd cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.

In the event of Austere Risk Group Pty Ltd or you cancel your Order after payment has been processed, Austere Risk Group Pty Ltd will refund any money paid in respect of that Order. Section 13 of these Terms and Conditions set out further information about refunds.

Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, Austere Risk Group Pty Ltd will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of a cancellation of your order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

Availability of Goods

As Austere Risk Group Pty Ltd is dependent upon its Suppliers to provide stock, Austere Risk Group Pty Ltd cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Austere Risk Group Pty Ltd reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Austere Risk Group Pty Ltd will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

Goods that are shown on the Website as “Refurbished Stock” are Goods which have a cosmetic blemish or imperfection such as a scratch, dent, or rub mark, have had a fault that has now been repaired by the manufacturer, or are ex-display models. All Refurbished Stock is in perfect working order and comes with the standard manufacturer’s warranty in addition to any statutory rights which apply.

Delivery

Risk and title in Goods pass to you on the date and time of delivery of the Goods to the delivery address provided in your Order.

Goods will generally only be delivered to addresses within Australia. Austere Risk Group Pty Ltd is unable to deliver to certain parts of Australia and where this is the case you will not be able to process your order through the website. Austere Risk Group Pty Ltd may, in its absolute discretion, agree to accept Orders for software products for delivery outside Australia but is under no obligation to do so.

Where requested, Austere Risk Group Pty Ltd will deliver to PO Boxes or Postal Lockers in Australia where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box or Postal Locker and you have input a PO Box or Postal Locker as the delivery address when placing your Order, Austere Risk Group Pty Ltd will call you to arrange an alternative delivery address.

Following the dispatch of your goods, we will email you with confirmation of dispatch and an invoice for your Order.

On delivery, you may be required to sign a proof of delivery document. If you are not available to take delivery, we will, at our discretion, either:

(a) take your Goods to our delivery service provider’s local depots;

(b) take your Goods to a nominated alternate delivery point that is close to your delivery address (e.g. pharmacy, petrol station, post office or newsagent); or

(c) re-deliver your Goods to your delivery address at a later date.

You will receive a text message and/or a calling card at your delivery address containing details of the local depot, alternate delivery point, or contact details for you to arrange for re-delivery of your Goods. Please note that if you do not pick up your Goods from the nominated alternate delivery point within the period specified in the text message and/or calling card, your Goods will be taken to one of our delivery service provider’s local depots for you to pick up at your convenience.  

If you require Goods that you have ordered to be re-directed to an address which is not the original Order address, and such Goods have already been dispatched, Austere Risk Group Pty Ltd will use reasonable endeavors to re-direct the Goods to your requested address and may charge you a reasonable fee for doing this.

When you place an Order for Goods to be delivered, you will be required to select one of the available Delivery Options for your Order. Estimated delivery time will be listed for the Delivery Option that you select (“Selected Delivery Option”) for your Order. Austere Risk Group Pty Ltd will use reasonable endeavors to deliver the Goods in your Order by the estimated delivery time for the Selected Delivery Option. If certain Goods in your Order are out of stock, the Selected Delivery Option will list different estimated delivery times for those out of stock Goods. Please note that the estimated delivery time for your Selected Delivery Option is an approximate delivery time only and is not a guaranteed delivery time for your Order. 

Austere Risk Group Pty Ltd’s arrangements with its suppliers mean that Austere Risk Group Pty Ltd is only permitted to dispatch online Pre-Orders no earlier than one day prior to the official release date of the Goods offered for Pre-Order. Goods ordered up to 7 days prior to the official release date are (unless otherwise advised) guaranteed to be despatched from our warehouse no later than one day prior to the official release date, and will be delivered to your designated delivery address within Australia in accordance with your Selected Delivery Option for those Goods. Goods ordered within 7 days prior to the official release date may not be despatched until after the official release date.

Delivery Delays

You agree and acknowledge that:

(a) Austere Risk Group Pty Ltd does not guarantee the dispatch or delivery or availability of Goods within the timeframes set out in Sections 9.7 – 9.8 or 10.3 above, estimated delivery times listed for the Delivery Options or the Selected Delivery Option for your Order or any other timeframes otherwise specified by Austere Risk Group Pty Ltd or any of its staff;

(b) stock availability and events outside Austere Risk Group Pty Ltd’s control may cause delays, or in some circumstances, prevent your Goods from being delivered;

(c) delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter and public holidays; and

(d) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither Austere Risk Group Pty Ltd nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

Refunds

Where Austere Risk Group Pty Ltd is obliged to refund your payment pursuant to these Terms and Conditions, Austere Risk Group Pty Ltd aims to initiate your refund within 2 business days (Monday – Friday 9 a.m to 5 p.m Queensland time). Please note that where goods have been purchased using an Austere Risk Group Pty Ltd gift card, the applicable refund will be processed back onto the Austere Risk Group Pty Ltd gift card. The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund. Please note that if Austere Risk Group Pty Ltd is obliged to provide you a partial refund of your payment for specific Goods in your Order, we will only refund the component of the Delivery Charge relating to the Goods which are subject to the refund.

Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Austere Risk Group Pty Ltd will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

Our Liability

To the full extent permitted at law, Austere Risk Group Pty Ltd is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss of goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.

Privacy

Austere Risk Group Pty Ltd policy on the collection, use, and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms and Conditions

General

Austere Risk Group Pty Ltd reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.

Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

These Terms and Conditions are governed by the laws of Queensland, Australia.

These Terms and Conditions were last updated 20-May-2020

Business

General Terms and Conditions

These terms apply to an entity (the “Client”) engaging Austere Risk Group Pty Ltd (ABN 64 624 689 149) (the “Consultant”) to provide consulting services.

These terms must be read with, and are subject to, any scoping document or letter from the Consultant to the Client. These terms and that document/s together govern the contract between the Client and the Consultant for the services concerned.

These terms also apply to any subsequent services the Client may require of the Consultant, unless agreed otherwise and in writing.

The Client and Consultant agree to the following terms and conditions in relation to the engagement for the Project.

Definitions

1. The “Consultant” is Austere Risk Group Pty Ltd trading as Austere Risk Management (ABN 64 624 689 149)

The “Client” is the entity responsible for payment of the Fee rendered in respect of the Services.

The “Project” is the project or job referenced in a Scope of Work document, funding submission, proposal, project plan or other related documents .

The “Agreement” comprises only the “Letter of Engagement” and/or “Project Submission” issued by the Consultant, “General Terms and Conditions” and the Scope of Work (including any other document referenced there-in).

The “Scope of Work” refers to any document setting out the overall Project as well as the portion and components of the Project to be managed and/or delivered by the Consultant (including any other document referenced there-in).

The “Services” to be performed by the Consultant for the Client are those contained in the Scope of Work.

The “Fee” is the amount or amounts payable to the Consultant referenced in the Scope of Work.

The “Funding Application” is an application which the Client engages the Consultant to help prepare and submit in order to receive funding to cover the Scope of Work and pay for the Fee.

Services & Scope of Work

2. In providing the Services, the Consultant shall exercise the degree of skill, care and diligence normally exercised by consultants in similar circumstances.

3. If the original Scope of Work is to be varied, the Consultant may decline to act for the new scope of work or may review the Fee and/or any estimate of fees / expenses previously given.

4. Generally, Project documentation including any or all of the following: proposal, letter of engagement, project plan, resource schedule or other document, will be provided indicating the scope of services required.

5. If during a Project, the Scope of Work changes, these terms also apply to the new scope. In the absence of detailed information about the level of documentation already available and the skill and extent of Client support that is scheduled, some adjustments to the Scope of Work may need to be made once these are known.

6. Unless specifically instructed otherwise however, the Consultant is not liable to make independent investigations in order to verify the veracity, completeness or content of information provided to the Consultant by the Client or a third party.

Fees, Expenses & Invoicing

7. In consideration of the Consultant performing the Services, the Client agrees to pay the Fee to the Consultant. This Fee will be on a time and materials basis at the Consultant’s standard rates unless otherwise set out in the Scope of Work or agreed in writing. Also included will be any related expenses such as travel, accommodation, printing, couriers, teleconferences and other costs related to the delivery of the Project. In consideration of the Client paying the Fee, the Consultant agrees to perform the Services as soon as practicable after receipt of: i) a written or verbal request to commence; ii) provision of all required information outlined in the Scope of Work.

8. The Fee is quoted excluding the Goods and Services Tax (GST) and all other GST and any other applicable taxes must be added at the appropriate rate at the time of invoicing if applicable. Currently Austere Risk Group Pty Ltd is not registered for GST.

9. In relation to the Fee:

  1. Where a fixed price Fee is quoted, this will remain fixed for a period of 90 days;
  2. Where a Fee is quoted at hourly rates plus materials, the rate will be fixed for 90 days;
  3. Fees are reviewed and varied on an annual basis; and
  4. Any services additional to those set out in the Scope of Work shall be charged on a time and materials basis unless a new fixed Fee is agreed in writing.

10. The Consultant shall be entitled to render invoices at any time. Such invoices shall be paid by the Client within thirty (30) days of the date shown on the invoice.  The Consultant shall be entitled to interest at the same rate as the maximum overdraft rate fixed by the National Australia Bank of all due and not paid within thirty (30) days of the date shown on the invoice.

11. The Consultant has a general lien over any documents / property at any time held for the Client, as security for payment of invoices the Consultant issued or are to issue. That lien continues even if the Consultant is no longer providing services for the Client. The Consultant furthermore requires that reports/advice or any other information provided by the Client must not be relied upon and remain the property of the Consultant, until such time as the Consultants Fees and any outstanding tax invoices for provision of such reports/advice or any other information provided to the Client have been paid for in full.

12. The Client agrees to pay all costs (including legal and other debt collection costs on an indemnity basis) related to the recovery by the Consultant from the Client of any monies due by the Client to the Consultant under or in connection with this Agreement.

Client Requirements

13. The Client shall supply free of charge and on a timely basis to the Consultant:

  1. instructions / documents specifically required to deliver the Scope of Work;
  2. access to the Client’s personnel; and
  3. all other information pertinent to the Scope of Work and/or set out in the Project documentation necessary for completion of the Services.

14. The following Services will not be provided (unless expressly provided for and factored into the Scope of Work and Fee): i) travel to (including flights and accommodation) and attendance at meetings; ii) any work arising after issue of the final report; iii) implementation (where this type of work does not form part of the services). Where the above items are required but have not been provided for by the Scope of Work can be provided at Fortis standard rates.

15. In the event that the Consultant prepares or assists to prepare a Funding Application on behalf of the Client of any type which is successful, the Consultant will automatically be the sole supplier of consulting and related services to be delivered under the Funding Agreement and this will be not less than 75% of the amount funded unless otherwise agreed in the Scope of Work. If not stated in the Scope of Works, it is assumed that 100% of the Funding Application will be directed to the Consultant to deliver the full Scope of Work.

16. The Client will be liable to pay the Consultant a minimum of 50% of the gross amount as a non-refundable deposit should the Consultant not be given the opportunity by the Client to deliver part or all of the Services, in lieu of not delivering the Scope of Work.

Insurances

17. The Consultant holds professional indemnity insurance, public liability insurance and workers compensation cover meeting statutory requirements. A certificate of currency for the above policies may be requested from the Consultant by an authorised representative of the Client, but must be held in confidence.

Copyright & Intellectual Property

18. Copyright in all reports, specifications, designs, plans, methodologies and other documents prepared by the Consultant in connection with the Project shall remain the property of the Consultant. The Client shall have a licence to use the documents for the purpose of completing the Project, but the Client shall not use, or make copies of such documents for use with any other project. Any intellectual property:

  1. which is created by the Consultant for the use of Client, unless otherwise stated, remains the express Property of the Consultant for future use;
  2. not specifically designed and paid for by the Client shall not be the property of the Client nor can it be adapted, reproduced, sold or in any way used by the Client outside of the context of the Scope of Work set out in the specific Engagement which the Consultant is delivering for the Client; and
  3. which is owned by the Client prior to the commencement of the Engagement or other information of explicitly confidential nature will be kept confidential and not be disclosed by the Consultant except as needed to perform the Services or required by law.

Dispute Resolution & Termination

19. If at any time the Client wishes to discuss how the Services can be improved or to make a complaint, the Consultant’s authorised representative can be contacted by phone or email provided in the Project documentation. The Consultant will investigate any complaint promptly to endeavour to resolve the issue.

20. The Client may terminate this Agreement: i) in the event of substantial breach by the Consultant of his obligations hereunder, which breach has not been remedied within thirty (30) days of written notice from the Client requiring the breach to be remedied.

21. The Consultant may terminate this Agreement: i) in the event of monies payable to the Consultant being outstanding for more than 30 days from the date of invoice or as otherwise specified by the Consultant; or ii) in the event of substantial breach by the Client of his obligations hereunder, which breach has not been remedied within 30 days of written notice from the Consultant requiring the breach to be remedied; or iii) upon giving the Client thirty (30) days written notice of his intention to do so. 22. In the event of termination by either party pursuant to Clauses 20 and 21, the Consultant shall be entitled to be paid for that part of the Services rendered up to the time of termination and if the termination is under Clause 21(ii) shall be entitled to an additional payment representing its reasonable profit lost in not completing the Services.

23. The Consultant may suspend provision of the Services upon any payment being due and unpaid by the Client until such payment is made or the Agreement is terminated.

24. Any dispute between the Client and the Consultant which cannot be resolved informally, which will be the first course of action, will be referred to mediation in accordance with the Queensland Commercial Arbitration Act 2013 provided that this provision shall not prevent the Consultant from instigating legal action at any time to recover monies owing by the Client to the Consultant.

Privacy

25. The Consultant may seek, receive and collect from a Client or third party personal information (namely information about an identifiable individual and includes information or an opinion obtained from any source at any point in time) about the Client for any of these purposes: (a) to provide the Services; (b) a purpose disclosed to / authorised by the Client; or (c) a purpose required or authorised by law. That information may be both personal and sensitive. Sensitive information includes information about a criminal record, heath, racial or ethnic origin, religious beliefs, sexual preferences or practices and professional, trade or political memberships. The Consultant will take reasonable steps to make sure that personal information about a Client it collects, uses or discloses is accurate, complete and up-to-date. A Client may access their personal information held by the Consultant by request made to the Director responsible for the Client’s project/s on (08) 9467 2490, subject to the Privacy Act 1988.

26. If the Client provides the Consultant with personal information about a third party, the Client represents they: (a) have authority to do so; (b) informed the third party their personal information has been disclosed to the Consultant and about how the Consultant may use and disclose their personal information; (c) informed the third party how to gain access to their personal information held by the Consultant.
27. The Consultant may use and disclose the Client’s personal information for any of these purposes:

(a) to provide the Services for the Client;
(b) a secondary purpose but only if the Client would reasonably expect the Consultant to use or disclose the information for the secondary purpose;
(c) the Consultant’s current and prospective insurers;
(d) an entity considering becoming a partner of the Consultant;
(e) a purpose required by law;
(f) in seeking a remedy against the Client.

The Consultant may disclose personal information to another party even if the other party does not have privacy obligations equivalent to the Consultant. The Consultant is not liable for the use of personal information once it is properly disclosed to another party.

Email

28. The Client acknowledges that email is inherently insecure, may contain computer viruses, may be delayed or prevented in transmission or receipt from causes outside control and might be intercepted by third parties. Both parties agree to take reasonable steps to ensure their email transmissions (and any attachments) are free of computer viruses.

Feedback

29. The Client should advise the Consultant’s authorised representative, the Consultant’s Executive Chairman or the Consultant’s National Director if the Client has any feedback which may assist the Consultant to improve services or recognise excellence in the delivery of the Services.

Subcontracting & OHS

30. The Consultant may subcontract any part of the Services or Scope of Work.

  1. Subject to Clause 30, neither party may assign, transfer or sublet any obligation under this Agreement, without the written consent of the other. Unless stated in writing to the contrary, no assignment, transfer of subletting shall release the assignor from any obligation under this Agreement.

31. The Client agrees to provide a safe working environment for the Consultant to conduct the services.

Records Management

32. If the Consultant is required to hold documents in safe custody for a period of time, the Consultant may agree subject to any special terms and conditions (including for payment of a fee) as may issue at the time.

33.The Consultant will retain records for the legally required minimum period from the completion of a Project if one exists, and may destroy records after that time.

Liability & Indemnity

34.The Consultant accepts no liability to anyone other than to the Client. The benefit of the Consultant’s Services may not be assigned, held on trust or otherwise transferred by the Client.

35.The Consultant will be liable to the Client for net losses, damages, costs or expenses (losses) caused by the Consultant’s willful default, except:

  1. the Consultant will not be liable if such losses are due to the provision of false, misleading, incorrect or incomplete information or documentation by the Client, the Consultant’s reliance on instructions provided by the Client, or due to any acts or omissions of any person other than the Consultant;
  2. the Consultant will not be liable to the Client for accidental, incidental, indirect, special, punitive or consequential damages or for loss of profits or savings, even if the Consultant has been advised of, knew or should have known of the possibility of such damage or loss;
  3. the Consultant will have no liability for any statements, representations, guarantees, conditions or warranties (together representations) arising from communications (oral or written) which are not expressly contained in this Agreement. All representations to exercise reasonable care or render the Consultant’s Services with due care and skill which may otherwise be implied by statute, common law or custom are expressly excluded; and
  4. the aggregate liability of the Consultant, whether to the Client or any third party, of whatever nature, whether in contract, tort or otherwise, for any losses (including interest) whatsoever and howsoever caused arising from or in any way connected with this Engagement shall not exceed 100% of the Fees invoiced under this Engagement. The Client agrees to release the Consultant from all claims arising in connection with the Services to the extent that the Consultant’s liability in respect of such claims would exceed this amount.

36. The Client agree that all claims against the Consultant, whether in contract, tort, negligence, equity or otherwise, must be formally commenced within two years after the termination or expiry of the Services or the Agreement, whichever is earlier.

37. Where the Client comprises two or more parties, the limitation of liability contained in Clause 35 above must be allocated among these parties. Such allocation is a matter to be resolved by those parties.

38. Subject to the limitations and exclusions of liability specified in this Agreement the Consultant’s liability shall be limited to only that part of any loss or damage that is proportionate to the loss or damage it has directly caused. In determining responsibility for loss or damage caused, account shall be taken of any loss or damage that is reasonably attributable to any third party. Nothing in these terms and conditions affects the rights, obligations or remedies of the parties under any proportionate liability legislation applicable.

39.The Client agrees to indemnify the Consultant:

  1. against any and all losses, claims, costs, expenses, actions, demands, damages, liabilities or any other proceedings, incurred or suffered by the Consultant, including in respect of any claim by a third party (whether in contract, tort, or otherwise), arising from any breach by the Client of its obligations under this Agreement or by reason of any action the Consultant takes in good faith;
  2. against any and all losses, claims, costs, expenses, actions, demands, damages, liabilities or any other proceedings, incurred or suffered by the Consultant in respect of any claim by a third party (whether in contract, tort, or otherwise) from the Client’s use of the Consultant’s Services; and
  3. from any liabilities the Consultant may have to the Client or any third party as a result of reliance by the Consultant on any information provided by the Client (or any of the Client’s representatives), which is false, misleading, incorrect or incomplete or as a result of the failure to provide information which was material information held in the Client’s possession or control.

40. The indemnities in this clause will include all costs incurred by the Consultant in regard to such liability or claim, including legal costs, the time of the Consultant’s personnel and the costs of any expert engaged by the Consultant to assist in dealing with the claim or liability in any way.