1. About These Terms
MECH Azure Pty. Ltd. (ABN 98 703 388 443), trading from Melbourne VIC, provides professional business and consulting services. These Terms of Service, together with any engagement letter or written agreement, form the contract between you (the client) and us for the supply of services. If there is any inconsistency between these Terms and a signed engagement agreement, the engagement agreement prevails to the extent of the inconsistency.
2. Engagement and Scope of Services
The scope of services we provide will be set out in a written engagement letter, proposal, or quote provided to you before work commences. We will only perform the services described in that scope. Any variation to the scope must be agreed in writing and may affect fees and timelines.
Our services include, but are not limited to, business advisory, consulting, operational review, and related professional support services. We do not provide legal, financial product, or taxation advice unless expressly agreed in writing.
3. Fees, Invoicing and Payment
Fees for our services will be set out in your quote or engagement letter and are payable in Australian dollars (AUD). Invoices are payable within the timeframe stated on the invoice. Where applicable, GST will be added in accordance with A New Tax System (Goods and Services Tax) Act 1999 (Cth).
If an invoice remains unpaid beyond the agreed terms, we reserve the right to suspend work and charge reasonable late payment costs as permitted by law.
4. Client Responsibilities
To enable us to deliver our services effectively, you agree to:
- Provide accurate, complete, and timely information and documentation reasonably required for the engagement;
- Respond to requests for information within a reasonable timeframe;
- Ensure any information provided does not breach any law or third-party rights;
- Notify us promptly of any changes relevant to the engagement.
5. Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other applicable legislation. Our services come with guarantees that cannot be excluded under the Australian Consumer Law, including guarantees as to due care and skill and that services will be provided within a reasonable time.
To the extent permitted by law, our liability for breach of a consumer guarantee is limited, at our option, to the supply of the services again or the payment of the cost of having the services supplied again.
6. Limitation of Liability
To the maximum extent permitted by law, MECH Azure Pty. Ltd. is not liable for any indirect, consequential, or special loss, including loss of profit, revenue, or business opportunities, arising from the services. Our total aggregate liability for any claim arising from the engagement is limited to the fees paid by you for the relevant services, except where such limitation is prohibited by the Australian Consumer Law or other applicable law.
7. Confidentiality
Both parties agree to keep confidential all non-public information disclosed during the engagement, including business information, financial data, and commercial arrangements. This obligation survives the completion or termination of the engagement, except where disclosure is required by law or with your written consent.
8. Intellectual Property
All pre-existing intellectual property remains the property of its owner. Upon full payment of our fees, you receive a licence to use deliverables prepared specifically for you for your internal business purposes. We retain ownership of our methodologies, frameworks, templates, and know-how.
9. Privacy
We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). Please refer to our Privacy Policy for details on how we collect, use, and protect your information.
10. Termination
Either party may terminate an engagement by giving written notice. You remain liable for fees for work performed up to the date of termination, together with any reasonable costs or commitments incurred on your behalf. Provisions relating to confidentiality, intellectual property, liability, and governing law survive termination.
11. Force Majeure
We are not liable for delays or failure to perform our obligations arising from events beyond our reasonable control, including natural disasters, strikes, government restrictions, or other force majeure events.
12. Governing Law
These Terms are governed by the laws of Victoria, Australia. The parties submit to the jurisdiction of the courts of Victoria and the Commonwealth of Australia.
13. Contact
If you have any questions about these Terms of Service, please contact us:
MECH Azure Pty. Ltd.
ABN 98 703 388 443
Melbourne VIC, Australia
Email: ceo@mechazureltd.online
Website: https://mechazureltd.online