Terms & Conditions
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How we deal with complaints
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You can contact us by email, or send your request or complaint to the postal address. We undertake to respond within 30 days.
How we protect your
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General Terms & Conditions
Planning is Everything Pty Ltd General Terms and Conditions
• Scope and realization of the consulting contract
(a) All consulting contracts and other agreements are only binding if confirmed by Planning is Everything Pty Ltd and duly signed; they are mutually binding only to the extent set forth in the written contractual agreement (Service Contract).
(b) The scope of consultation is determined according to the written contract and a listing of applicable contract specifications. Changes to the scope of consulting services require a written agreement between the client and business consultant.
• Performance of services
(a) Planning is Everything Pty Ltd hereby agrees to achieve the outcome as specified in the Service Contract and by the date specified in the Service Contract, subject to any extension agreed in writing between the parties. Payment of progress payments will be according to the achievement of milestones or agreed instalments, and final payments according to the results achieved as set out in the Service Contract.
(b) Planning is Everything Pty Ltd will supply all equipment and tools of trade necessary for the provision of the Services.
(c) Planning is Everything Pty Ltd will indemnify the Client for claims or loss arising from a breach of professional duty in the provision of professional services. The liability of Planning is Everything Pty Ltd is reduced to the extent that the Client or other person(s) caused or contributed to the loss or occurrence which gave rise to the claim. In these terms, Planning is Everything Pty Ltd will be liable for the cost of rectifying any defect in the work performed.
(a) Planning is Everything Pty Ltd will provide the client with an invoice at the end of each agreed invoicing period indicating the progress made to achieving the performance of the Services and making a claim for a proportion of the contract sum based on the progress achieved.
(b) The client will pay Planning is Everything Pty Ltd the amount of the progress claim to reflect achievement of relevant milestones as progress toward achieving the results specified in 1(a) within seven days of the progress claim.
(c) Planning is Everything Pty Ltd agrees that this contract is for the obtaining of a result described above and unless that result is achieved, Planning is Everything Pty Ltd will not be entitled to any of the contract sum and any amount of the contract sum that has been paid to date shall be refunded if the result is not achieved by completion.
(d) Additional costs might apply as agreed in the contract. The expenses might be charged as follows:
• Car: total km
• Train/bus tickets
• Domestic flights: economy class
• International flights: business class
• Accommodation costs: according to actual expenses
• Other arising costs: according to actual expenses
• Local travel times will be charged at 50% of the standard consulting rates
• Relationship between the parties
(a) This Agreement does not constitute any company, partnership or joint venture between the parties for any purpose. Neither party to this Agreement shall have any right to incur any liabilities or obligations on behalf of or binding upon the other party except as provided for in that Agreement.
(b) Nothing in this Agreement constitutes a relationship of employer and employee. Planning is Everything Pty Ltd must not act in any way other than as an independent contractor of the Client.
(c) The Client will not be responsible for any payments in respect of: (i) the remuneration of Planning is Everything Pty Ltd’s personnel including salary and wages, annual leave, sick leave, long service leave or superannuation; (ii) workers’ compensation, accident, sickness and life insurance for Planning is Everything Pty Ltd’s personnel; and (iii) all taxes including but not limited to corporate tax, payroll tax, PAYG tax, training guarantee levy, FBT, excise duty, GST, personal income taxes, company income taxes, Contractor’s payroll taxes, superannuation guarantee levy, health insurance levy and any other additional taxes or levies imposed by government.
(d) Where agreed, the work carried out to achieve the results set out in this Agreement can be undertaken by another person provided by Planning is Everything Pty Ltd. This arrangement will be subject to the substitute Contractor having the appropriate qualifications and relevant experience, and to the Client’s approval. The Client maintains the right to veto the choice of substitute.
(e) Planning is Everything Pty Ltd will not be subject to the supervision, direction or control on the manner in which he or she renders the agreed services, and will maintain a high level of discretion, flexibility and professional judgment as to how the work is performed and results achieved. Checking of Planning is Everything Pty Ltd’s work by the Client or co-ordination with other onsite project activities will not constitute control over Planning is Everything Pty Ltd.
(f) Planning is Everything Pty Ltd acknowledges and hereby agrees that in relation to the supply of the services under this Agreement it is responsible for compliance with all statutory requirements in relation to trading, including but not limited to the payment of all or any taxes, superannuation, workers’ compensation or other charge, levy or obligation imposed by law as a result of this Agreement.
(g) The ownership of any intellectual property, unless in the public domain, generated by or introduced into the services by Planning is Everything Pty Ltd remains at all times with Planning is Everything Pty Ltd unless otherwise specifically agreed in writing. All written data to be exchanged by the parties to this Agreement shall be regarded as confidential and shall remain the property of the discloser. All such written data shall be immediately returned to the discloser upon written request or at the expiry of this Agreement.
(h) The contracting parties commit themselves to mutual loyalty.
(i) The contracting parties mutually commit to take precautions appropriate to preventing any threat to the independence of the partners and employees of the consultant. This especially applies to offers of employment on the part of the client to employees of the consultant, and to the acceptance of orders by said employees for their own benefit.
(j) These terms (2(a), (b), (c), (d), (e), (f), (g), (h) and (i)) shall have effect from the date of execution and shall survive the Agreement.
(a) The parties agree that confidential information disclosed to the other party remains at all times confidential and each party indemnifies the other in respect to all loss, damage, claim, liability, cost or expense suffered by the discloser arising from any breach of this Agreement.
(b) Planning is Everything Pty Ltd shall not disclose and shall use its best endeavours to prohibit and prevent the unintentional disclosure of any confidential information concerning the business, strategic plan, methodologies or any other interests of the Client which may come to its knowledge.
(c) The Client acknowledge that the methodology and materials of Planning is Everything Pty Ltd, unless in the public domain, are to remain confidential to Planning is Everything Pty Ltd unless otherwise specifically agree in writing.
Either party may terminate this Agreement at any time by fourteen days written notice to the other party. Termination prior to the expiry date by the Client will only have legal effect upon payment to Planning is Everything Pty Ltd of eight weeks average invoice payments as liquidated damages. The client agrees to give Planning is Everything Pty Ltd eight weeks’ notice if the Agreement is not to be renegotiated at expiry.
If either party shall waive any breach of this Agreement or forbear to enforce any part of it on any one or more occasion, such waiver or forbearance shall not be taken as evidence against that party and shall not preclude that party from subsequently enforcing any part of this Agreement.
If any dispute arises involving the performance of this contract or the interpretation of its terms, before resort to legal action is had by either party, it is agreed that if negotiations fail, the parties shall utilise mediation by an agreed third party, each party bearing their own costs.
• Governing law
This Agreement shall be governed by and construed in accordance with Australian law and the parties to this Agreement agree to submit, subject to clause (6), to the jurisdiction of its Courts.
Unless otherwise specified in the Agreement or documents collateral to this Agreement, all notices or communications of a contractual nature given in relation to this Agreement by either party to the other party shall be in writing and delivered by registered mail or email.