In consideration of Evolve Leadership Group Pty Ltd being retained the Client acknowledges and agrees to the following terms:
- Evolve Leadership Group Pty Ltd will undertake consulting services as specified in the Project Scope and Fee For Service Outline.
- Evolve Leadership Group Pty Ltd relies on the Client and relies on publicly available data sources, which it will identify for information, which it uses for the development of material for the Client. Evolve Leadership Group Pty Ltd is not in a position to check the accuracy of this information. Accordingly, the Client acknowledges and agrees that Evolve Leadership Group Pty Ltd does not accept any liability of whatsoever nature to the Client or to any third party or otherwise arising from any inaccuracies that relate to such information.
- Evolve Leadership Group Pty Ltd relies entirely upon the Client to ensure that all material developed in consultation with Evolve Leadership Group Pty Ltd is vetted and approved by the legal and financial advisers of the Client.
- Evolve Leadership Group Pty Ltd agrees not to divulge any information regarding the business operations to any other party without first obtaining prior written approval.
- The time period for completion of each stage of the project is an estimate only and is based on past experience and appropriate project scoping techniques. Evolve Leadership Group Pty Ltd will use all reasonable endeavours to achieve the timing requirements of its Client but notes that if unexpected circumstances do arise then Evolve Leadership Group Pty Ltd cannot guarantee that time limits will be met. Delays beyond fourteen working days may necessitate a revision of all project timetables.
- Unless agreed otherwise by Evolve Leadership Group Pty Ltd, an initial Engagement Fee of 50% of the total project cost is payable upon Appointment and the signing of this Terms of Engagement. If at any time after payment of that fee the Client decides not to proceed with the contracted consulting services Evolve Leadership Group Pty Ltd may retain the Engagement Fee in addition to fees for work completed to that date, unless stated otherwise in the proposal.
- All projects are undertaken with the requirement that progress accounts rendered are paid within 7-days of the invoice being issued. Should payments not be received by that date, Evolve Leadership Group Pty Ltd reserves the rights to cease work without penalty and to invoice for additional work done, but not already invoiced.
- Should the project be delayed more than 20 (twenty) working days due to Client unavailability, or delays in the provision of information from the Client, Evolve Leadership Group Pty Ltd reserves the right to invoice the Client for the time incurred to that point, even though that stage of the project may not yet be completed. A ‘Project Delay’ premium of 5% may also be charged on all future billings to compensate Evolve Leadership Group Pty Ltd for business interruption.
- All material supplied by Evolve Leadership Group Pty Ltd to the Client remains the property of Evolve Leadership Group Pty Ltd until final payment has been effected.
- Where Evolve Leadership Group Pty Ltd produces original written material, artwork, photography, advertisements or other design work for the Client, copyright in all such work shall be retained by Evolve Leadership Group Pty Ltd until such time as payment for such work has been made in full, at which time the copyright shall vest in the Client or jointly in Evolve Leadership Group Pty Ltd and the Client if so agreed in writing between the parties.
- The Client is expected to check and approve all material generated by Evolve Leadership Group Pty Ltd before disclosing such material to any third party. Any disclosure of such information by the Client to a third party shall dictate that the Client is entirely satisfied with all aspects of the work and therefore accepts full responsibility for its accuracy and the entire consequences of such disclosure.
- Evolve Leadership Group Pty Ltd fees include provisions for all normal account support activities such as telephone calls, postage, couriers’ etc. However, extraordinary disbursements such as bulk photocopying, travel outside the metropolitan area of Perth, accommodation etc will be charged but only after verbal pre-approval from the Client. Time for travel outside of the metropolitan area is charged at $65.00 per hour and vehicle disbursements are charged according to ATO standards unless agreed otherwise by both parties.
- Evolve Leadership Group Pty Ltd reserves the right to require in the case of private companies, personal guarantees by directors and principal shareholders.
- Please note that interest may be charged at 18% per annum on accounts that have not been paid by the due date (accruing daily from the date payment is due).
- The Client undertakes not to re-sell / loan or provide the information generated and/or provided to it by Evolve Leadership Group Pty Ltd, under the scope of work contained in this proposal, to any other business proprietor in any circumstance. Should this undertaking be breached at any time prior to the expiration of Five Years from the commencement date of this project Evolve Leadership Group Pty Ltd reserve the right to claim damages from the Client to, (as a minimum), the sum total of fees, including GST, payable to them by the Client under this Proposal.
- All pre-purchased hours must be used within 12 months from the date of purchase, unless stated in this proposal or agreed to by Evolve Leadership Group Pty Ltd.
- These Terms of Engagement are entered into pursuant to Western Australian Law and are subject to Western Australian jurisdiction.