Consultancy Terms Of Engagement (Australia)

CONSULTANCY TERMS OF ENGAGEMENT

The following conditions are the standard terms of engagement of CONSULTANT. Except where agreed in writing, these terms apply to all services undertaken by CONSULTANT. These terms prevail where inconsistency exists between these terms and any other documentation.

1.         Definitions:

a.            CONSULTANT: means ______________________ (ABN ________);

b.            Agent: any personnel or entity acting on the behalf of the client;

c.            Agreement: the agreement executed by the parties in connection with the service, including this consultancy agreement and quotation letter;

d.            Client: the person or entity who has engaged the service of CONSULTANT;

e.            Documentation: written or electronic information;

f.             Terms: the terms of engagement;

g.            Liability: means liability for loss or damage, whether arising under, in connection with or for the breach of the agreement, or in connection with the performance or non-performance of the services and any additional service, whether such liability arises in contract, in tort including negligence, under statute or otherwise, and whether arising in connection with one or more events;

h.            Quotation letter: Proposal of work and price to engage for descried service.

2.         Payment terms

Invoice will be sent at the completion of service. The invoice is to be paid in full ____ days thereafter, unless agreed otherwise in writing prior to commencement of service. CONSULTANT is entitled to charge interest of __% per month on any unpaid invoice, which can be charged ___ days after the due date.

3.         Cancelation

Termination or suspension of this contract must be done is writing within reasonable time. CONSULTANT reserve the right to recover any losses, damages or expenses as a result of termination. Failure to collect any documentation does not constitute as cancellation and full fees will be charged.

4.         Intellectual Property

All documentation including drawings, specifications, reports, scopes, electronic copies and information in connection with or arising from the service is the property of CONSULTANT, whether the project proceeds or not. CONSULTANT places copyright on all documentation including drawings, specifications, reports, scopes and electronic copies. All services provided by CONSULTANT are done in the strictest of confidence and can only be disclosed to relevant parties, such as government authorities.

5.         Breach of contract

If the client breaches the contract in any form CONSULTANT shall be entitled to retain any information and documentation. In the occurrence of any breach of contract, cancellation or non-payment, all documentation must be returned within __ days.

6.         Commencement & Completion Date

CONSULTANT will only commence service once satisfied that they are in receipt of all required information and documentation from client, and architect if applicable, inclusive of a signed letter of acceptance of quote and consultancy agreement. The client indemnifies CONSULTANT from any liquidation damages as a result from delays in service.

7.         Professional Indemnity

CONSULTANT is covered by professional identity insurance and can provide certificate currency on request.

8.         Liability

To the maximum extent permitted by law, any liability CONSULTANT has to the client or its agent, is limited (in the aggregate) to the lesser of AU D $________ or __ times the fee paid under the agreement, and CONSULTANT are released from any further liability. On the date that is one year after the date we send you our final invoice for the services, you release us and our servants, employees, agents and sub¬consultants from all liability. CONSULTANT contract on our own behalf and also on behalf of each of our servants, employees, agents and sub-consultants. Any conditions within CONSULTANT agreement with the company providing insurance are forwarded to the client. CONSULTANT are indemnified against any claim by, or liability to, a third party arising from, in respect of or in connection with the services and all expenses we incur defending or settling such claim or liability.

9.         Work

If CONSULTANT are required to complete additional work above and beyond quoted amount in relation to original scope, client must provide in writing within reasonable time, confirmation of a variation order. Work will not commence until agreement of price for relevant additional work has been made. CONSULTANT reserves the right to deny any additional work.

10.       Clients obligation to provide information

The client or its agent must provide CONSULTANT with all required information for the provision of the services. Inclusive of all documentation, relevant drawings, written acceptance of quote and consultancy agreement, any information regarding site history and any information that will impact on design. All specific requirements in relation to the service must be provided to CONSULTANT by the client or its agent prior to service. CONSULTANT do not accept any liability in connection with information provided by the client or agent and it is taken to be accurate, correct and true.

11.       Publication

CONSULTANT reserves the right to publish articles, photographs and other illustration relating to this service. CONSULTANT will keep all personal information confidential unless required to be provided by law.

12.       Disputations

All disputes are to be submitted in writing by either party including adequately defined description and details of the dispute. CONSULTANT reserves the right to attempt to resolve disputes within 14 days prior to any legal action.

13.       Work limits

CONSULTANT are only responsible to complete work written in the quotation letter only. The engagement of service is also subjected to any exclusion or conditions written within quotation letter.