Terms of Service

Application

Alchemy Collective Pty Ltd (ABN 19 632 281 817) (we, us, our) provides all of its services to its clients pursuant to the following terms and conditions unless otherwise agreed in writing between the parties as stated in any Special Conditions to an agreed Schedule of Services The Client (you, your) agrees that it is bound by these Terms and these Terms become effective as a binding contract between us and you on the early of:
  1. You returning a signed copy of the Terms; or
  2. Accepting the Services from us.
These Terms will then remain in force for all future engagements, until and unless validly terminated by either party giving 30 days’ written notice of termination. If there is any inconsistencies between these Terms and any proposal letter, terms stated in the proposal letter will prevail to the extent of the inconsistency.

Engagement

We will provide the Services set out in the Schedule of Services to you in accordance with these terms. For fixed price services, additional services out of scope may be charged at our standard hourly rate plus GST.

Standard of Care

Our services will be provided to the standard of professional skill, care and diligence to be expected of consultants skilled in the field of the Services and in the provision of the Services we will comply with all applicable laws and standards relating to the performance of the Services.  

We will commence and thereafter perform the Services in a proactive, diligent and expeditious manner to meet any agreed timeframes as recorded any Schedule of Services.

Quote

Any quotes contained in our proposal letters are valid for 60 days from the date of issue.  After this date, please contact us – we will confirm our availability and may agree to extend the term of validity of the Quote.

Fees and Payment Terms

All prices and fees are quoted in Australian Dollars and are exclusive of any taxes, including GST, unless otherwise stated. Payment terms are as specified in the Schedule. Payment is by direct deposit with accompanying notification identifying the payment is the preferred method of payment. All payments will be deemed to be made once received by us in cleared funds.  If GST is payable in relation to a supply made under this Agreement, you must pay us an amount equal to the GST payable on that supply, subject to the receipt of a tax invoice from us.

Expenses

You agree to reimburse us for any out of pocket expenses relating to travel or any other pre-approved expenses stated in the Schedule of Services.

Termination

You may terminate our Services for non-performance or our breach of these Terms by giving us immediate written notice.

We may terminate these Terms and stop providing the Services at any time by giving you immediate written notice if you are in breach of these Terms or the provision of the Services by us to you becomes unsafe or unethical.

Upon termination you must pay us for all Services provided to date.  Where Services were provided on a fixed fee basis, we will charge you for time and materials based on our standard hourly rate.

Limitation of Liability

To the extent permitted by law, and subject to points (a), (b) and (c) below: our total liability pursuant to these Terms (whether under contract, statute, for  negligence or otherwise), shall be limited to the net amount actually recovered under our professional indemnity insurance policy. 

  1. we expressly excludes all liability to you for any costs, loss of profits, revenues, interest, use, goodwill, loss of or interruption to business, loss,  costs of procurement of substitute goods or services, or any indirect, incidental or consequential losses, or special, exemplary, aggravated or punitive damages, however arising;
  2. our liability to you will be reduced proportionately to the extent that your or your officers, employees, agents or other contractors, wrongful or negligent acts or omissions contributed to the claim or loss; and 
  3. if any of this section is void as a result of section 64  of the Australian Consumer Law (or equivalent state or territory legislation) then our liability for a breach of a condition or warranty is limited to (at our election, either supplying the relevant Services again or the payment of the cost of having the Services supplied again by us.

Intellectual Property

We maintain ownership in all intellectual property we, or our employees, contractors or agents create, whether prior to, independently of, or as part the Services (including but not limited to copyright in all report and information supplied by us to you). We grant you a royalty free, non-exclusive, limited use licence to use, publish and reproduce any research or reports and our logos,, marks and copyright protected icons provided by us for the sole purpose of the provision of and in relation to the subject matter of Services.  

You are required to attribute ownership and authorship of the works, information and presentations to The Alchemy Collective in any publication or reproduction. This attribution must use the words “Information and works created and owned by The Alchemy Collective”.

Confidential Information

All information supplied by us, either written or verbal, is confidential and should not be disclosed to any other party without our prior consent.  This includes, without limitation, our fees and charges. 

Any information that you provide to us marked confidential or which by its nature should be treated as confidential will be kept confidential by us and not disclosed to third party unless such information, documents and material are available publicly otherwise than because of our disclosure or where such disclosure is required by law.

Privacy

We takes privacy seriously.  Any personal information collected, disclosed, received or handled by us is subject to our Privacy Policy, which is available on here and is complaint with all regulatory bodies who govern our handling of personal information.

Continuing Obligations

Rights and obligations related to privacy, confidential information and intellectual property bind the parties notwithstanding termination or expiry of these Terms.

Nature of Relationship

Nothing in these Terms creates any relationship between us and you, other than a principal and independent contractor relationship.

Variations

Any variation to these Terms must be mutually agreed by both parties in writing.

Assignment

Neither party may not assign or otherwise transfer its rights or obligations pursuant to these Terms without the prior written consent of the other party.

Project Recognition

You grant us permission to reference you (without disclosure of any confidential or personal information) in any of our marketing materials.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Victoria, and the parties submit to the non-exclusive jurisdiction of the Courts of Victoria.