1. Agreement to these terms
These Terms of Service (the Terms) govern the provision of services by Amiche Collective Pty Ltd (ABN 74 703 613 067) (Amiche Collective, we, us or our) to you (the Client). By requesting a quote, accepting a proposal, engaging our services, or using our website at https://amichecollective.online, you agree to be bound by these Terms.
If you are acting on behalf of a company, partnership or other entity, you confirm that you are authorised to bind that entity to these Terms. If you do not agree with these Terms, please do not engage our services or use this website.
2. Our services
We provide professional business and consulting services, which may include business advisory, strategy development, operational review and process improvement, administrative and documentation support, and related services as described on our Services page.
The precise scope, deliverables, timelines and fees applicable to your engagement will be set out in a written proposal, statement of work or engagement letter provided to you (an Engagement Document). Each Engagement Document forms part of these Terms. Where an Engagement Document conflicts with these Terms, the Engagement Document prevails to the extent of the inconsistency.
Any indicative timeframes, outcomes or benefits discussed before an Engagement Document is signed are estimates only and are not contractual commitments.
3. Quotes and engagement
- Quotes provided by us are valid for 30 days from the date of issue, unless the quote states otherwise.
- Quotes are based on the information you provide to us at the time. If that information is incomplete, inaccurate or changes, we may need to revise the quote before work commences.
- A quote is an offer to provide services on the stated terms. The engagement commences only when you accept the quote (for example, by email or by accepting it through our quote request process) and we confirm acceptance in writing.
- If you request changes to the agreed scope, we will assess the impact and, where appropriate, provide a variation to the Engagement Document. Work outside the agreed scope may be quoted and charged separately.
4. Fees, invoicing and payment
- Fees for our services are set out in the applicable Engagement Document and are payable in Australian dollars.
- Where GST applies to a supply we make to you, GST will be charged in addition to the quoted fees, in accordance with A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Unless otherwise agreed in writing, invoices are payable within 14 days of the date of the invoice by the payment method stated on the invoice.
- If an invoice remains unpaid past its due date, we may suspend work on your engagement, withhold deliverables, and recover reasonable costs incurred in pursuing payment, in addition to any other rights we may have.
- Disputed invoices must be raised with us in writing within 7 days of the invoice date. Undisputed amounts remain payable on their due date.
- Any third-party costs (such as software subscriptions, licences or external contractors) that we incur at your request will be on-passed at cost, unless stated otherwise in the Engagement Document.
5. Australian Consumer Law and consumer guarantees
Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies that you may have under the Australian Consumer Law (being Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable legislation that cannot lawfully be excluded.
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service, you are entitled to cancel your engagement with us and to have all fees paid for the affected services refunded. For minor failures, we are entitled to provide replacement or reperformance of the affected services within a reasonable time, or a refund.
If you have a concern about the quality of our services, please contact us at ceo@amichecollective.online so that we can work with you to resolve it.
6. Limitation of liability
To the fullest extent permitted by law, and except for liability that cannot be excluded under the Australian Consumer Law or other applicable law:
- we are not liable to you for any indirect, incidental, special or consequential loss, or for loss of profit, revenue, goodwill, anticipated savings or business opportunity, arising in connection with these Terms or our services;
- our total aggregate liability to you for any claim arising out of or in connection with our services is limited to the fees actually paid by you to us for the specific service giving rise to the claim in the three (3) months immediately preceding the event giving rise to the claim.
Nothing in this clause applies to liability arising from our fraud, wilful misconduct, or any liability that cannot lawfully be limited. You are responsible for making your own assessment of the suitability of our services and any deliverables for your purposes, and we recommend that you obtain independent professional advice where appropriate.
7. Intellectual property
- We retain ownership of all intellectual property rights in our pre-existing materials, frameworks, templates, methodologies, know-how and tooling used in delivering services to you.
- On full payment of the relevant fees, we assign to you (or, where assignment is not possible, grant you a perpetual, royalty-free, transferable licence to use) the final deliverables created specifically for you under the relevant Engagement Document, for your internal business purposes.
- You grant us a limited licence to use materials and information you provide to us solely for the purpose of providing services to you under these Terms.
- You confirm that any materials you provide to us do not infringe the intellectual property or other rights of any third party.
8. Client responsibilities
To enable us to deliver our services effectively, you agree to:
- provide accurate, complete and timely information, records and access reasonably required for the engagement;
- provide feedback on deliverables within reasonable timeframes;
- ensure your use of our services and deliverables complies with all applicable Australian laws; and
- notify us promptly if any information previously provided to us changes in a way that may affect the engagement.
We are not responsible for delays or additional costs arising where the information, access or decisions we reasonably require are not provided on time.
9. Confidentiality
Each party must keep confidential all non-public information disclosed by the other party in connection with an engagement, and use it only for the purposes of the engagement. This obligation does not apply to information that is or becomes public other than through a breach of confidentiality, is independently developed without reference to the disclosing party's information, or must be disclosed by law or by a court or regulator. These confidentiality obligations survive termination of an engagement.
10. Third-party tools and platforms
Where our services involve the use of third-party software, platforms or service providers (for example, cloud storage, collaboration tools or accounting software), those tools are provided subject to the relevant third party's own terms. We do not accept responsibility for the availability, security or performance of third-party services beyond our reasonable control, and we will notify you where a third-party dependency materially affects your engagement.
11. Termination and suspension
- 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 of these Terms and fails to remedy it within 14 days of receiving written notice of the breach, or if the other party becomes insolvent, enters liquidation or administration, or is wound up.
- On termination, you remain liable to pay for all services performed and expenses properly incurred up to the date of termination, and we will deliver any completed or reasonably deliverable work product to you.
- Termination does not affect any rights or obligations that have accrued before termination, including confidentiality and intellectual property provisions.
12. General provisions
- Entire agreement: These Terms, together with any applicable Engagement Document, constitute the entire agreement between the parties regarding our services and supersede all prior discussions, representations and agreements.
- Notices: Notices under these Terms must be in writing and sent by email. Our notice address is ceo@amichecollective.online. A notice is taken to be received on the next business day after it is sent.
- Assignment: You must not assign your rights or obligations under an engagement without our prior written consent. We may subcontract or assign our obligations with prior written notice to you, remaining responsible for the performance of the engagement.
- Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force.
- Waiver: A failure or delay by a party to exercise a right under these Terms does not operate as a waiver of that right.
- Force majeure: We are not liable for delays or failures in performance caused by events beyond our reasonable control, provided we notify you as soon as practicable and take reasonable steps to minimise the impact.
13. Governing law
These Terms are governed by the laws of the State of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from those courts. This clause does not affect any non-excludable rights you may have under the Australian Consumer Law or other applicable legislation.
14. Changes to these terms
We may update these Terms from time to time to reflect changes in our services, business practices or legal requirements. The current version will always be published on this page with an updated "Last updated" date. For engagements already in progress, the version of these Terms accepted at the commencement of that engagement will continue to apply unless we agree otherwise in writing.
15. Contact us
If you have any questions about these Terms, or you wish to raise a dispute or request a variation to an engagement, please contact us:
- Email: ceo@amichecollective.online
- Via our website: Contact page
Amiche Collective Pty Ltd, ABN 74 703 613 067 · Melbourne VIC, Australia.