Terms & Conditions
of Service
Terms and conditions of Engagement
1. These terms & conditions are applicable to all work (Engagements) undertaken by Sustainable Governance (SG) on behalf of clients.
2. SG shall perform the Engagement in accordance with all applicable Australian laws, including the Competition and Consumer Act 2010 (Cth). In particular, SG warrants that its services in respect of the Engagement must:
be provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage
be fit for the purpose or give the results that SG and the client have agreed to
be delivered within a reasonable time when there is no agreed end date.
3. The Engagement shall take effect as soon as SG has received the written agreement regarding the Engagement duly signed by a duly authorised client representative.
4. SG shall provide all services to the best of its knowledge and ability, and in accordance with professional standards. SG shall be bound by a best-efforts obligation in relation to the (intended) services.
5. Information provided to SG by the client shall be returned to the client, at their request, after completion of the Engagement. SG shall keep its own (electronic) working files on the Engagement, containing copies of its opinion relevant documents, which shall remain the property of SG.
6. SG shall take appropriate measures in order to protect the client’s confidential information and personal data. Unless required by law or court order, SG shall neither disclose confidential information and personal data nor provide such information to third parties, other than those agreed to by the client.
7. SG shall have the right to mention the client’s name and sketch a broad outline of the services provided to potential and existing clients as an illustration of this Engagement.
Client obligations
8. If an Engagement requires the client’s cooperation, the client shall provide SG with all information and documents required for proper and timely execution of the Engagement.
9. The client is primarily responsible for determining the scope of the Engagement and for taking decisions (partially) based on, or in connection with, SG’ services.
10. SG shall perform the Engagement on the basis of the financial and other information provided to SG in respect of the Engagement, including any meetings that are held with the client, at the client’s request, with third parties. The client undertakes to ensure that:
the information provided to SG is correct and complete, and
information received from third parties in respect of the Engagement, is also correct and complete.
11. Any additional costs and damage or loss caused by a delay in the execution of the Engagement resulting from the client’s failure to make the requested information, facilities and/or staff available, shall be at the client’s cost.
12. In the case of Engagements that SG performs at the client’s premises, the client shall ensure the provision of such office space and means of electronic communications that is necessary or useful for performing the Engagement.
Fee payment
13. Payment of the fee due to SG in relation to the Engagement is due, without any deduction, discount or debt settlement, within 14 days of the invoice date. Complaints about or objections to any amounts charged under the Engagement shall not suspend the client’s obligation to pay.
14. SG must be notified in writing, and within 30 days of the date the invoice has been paid in relation to the Engagement, of any complaints relating to the services provided by SG. After SG has had a reasonable period to consider the issues raised by the client, and has discussed the issues with the client representatives, including the senior manager involved in the engagement, if SG consider the complaint is valid, the client shall have the choice of:
adjusting the fee charged,
having the rejected service rectified or redone free of charge, or
terminating the Engagement (or remaining services) in exchange for a refund proportionate to the fee already paid by the client.
Completion & termination
15. The due dates for completion of the services shall be regarded as strict deadlines only if this has been agreed in writing in advance.
16. Unless execution of the Engagement proves to be permanently impossible, the client shall not terminate the Engagement on account of SG failing to meet a deadline, unless SG does not perform the Engagement, either partially or in full within a reasonable period of which SG has been notified in writing after expiry of the agreed delivery period.
17. Either party has the right to terminate the Engagement in writing, with due observance of a reasonable notice period.
18. If the client decides to terminate the Engagement early, SG shall be entitled to compensation for services already provided and for any costs that SG reasonably had to incur as a result of the early termination of the Engagement (including costs relating to subcontracting), unless the termination was motivated by facts and circumstances that can be attributed to SG.
19. If SG terminates the Engagement early, the client is entitled to SG’s assistance in transferring work to third parties, unless the termination was motivated by facts and circumstances that can be attributed to the client.
Privacy
SG also complies with the Australian Privacy Principles set out under the Privacy Act 1988.