Terms of Service
The terms and conditions governing the professional business and consulting services provided by CIBI Essential Pty Ltd (ABN 76 703 154 616).
1. About These Terms
These Terms of Service (“Terms”) form the agreement between you (“the Client”) and CIBI Essential Pty Ltd (ABN 76 703 154 616) (“CIBI Essential”, “we”, “us” or “our”). By requesting a quote, engaging our services, or otherwise accepting a proposal from us, you agree to be bound by these Terms.
Our services are provided on a business-to-business basis where applicable. If you are engaging us as a consumer, your rights under the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) are not excluded, restricted or modified by these Terms.
2. Our Services
CIBI Essential provides professional business and consulting services, including business advisory, operational support, planning, documentation and related consulting work. The exact scope of services to be provided for any engagement will be set out in the written quote, proposal or engagement letter we issue to you. Any work performed outside that agreed scope may be subject to additional fees, which we will discuss with you before proceeding.
3. Quotes and Engagement
All quotes issued by CIBI Essential are valid for 30 days from the date of issue unless otherwise stated in writing. A quote is an invitation to engage our services and does not constitute an offer or a binding agreement until we confirm the engagement in writing. We reserve the right to decline any engagement at our discretion.
Where an engagement requires materials, information or access from you, we will advise you of what is required. Delays in providing these items may affect timelines and, where applicable, agreed fees.
4. Fees, Invoicing and Payment
Fees for our services will be set out in the applicable quote or engagement letter. Unless otherwise agreed in writing:
- Invoices are payable within 14 days of the invoice date.
- All fees are quoted in Australian dollars and are exclusive of GST, which will be added where applicable.
- Where an engagement requires a deposit or upfront payment, the amount and terms will be stated in the quote.
- Overdue amounts may, after written notice, attract interest and reasonable recovery costs. We may suspend services while payment remains outstanding.
If you dispute an invoice, please contact us promptly at ceo@cibiessential.online so the matter can be resolved fairly.
5. Client Responsibilities
To enable us to deliver our services effectively, you agree to:
- Provide accurate, complete and timely information relevant to the engagement;
- Respond to reasonable requests for clarification or approval within agreed timeframes;
- Ensure you have all necessary rights, licences and permissions to share materials with us;
- Comply with all applicable laws in connection with the engagement.
6. Intellectual Property
All materials, documents, frameworks, templates and deliverables we create for you remain our property until payment is received in full, at which point you are granted a licence to use the deliverables for your own business purposes, unless otherwise agreed in writing. Our pre-existing methodologies, tools, systems and know-how remain our property at all times.
7. Confidentiality
Both parties agree to keep confidential all non-public information obtained in connection with the engagement, and to use it only for the purposes of the engagement. This obligation does not apply to information that is publicly available, required to be disclosed by law, or independently developed without reference to the other party's information.
8. Limitation of Liability
To the extent permitted by law, our liability arising out of or in connection with the services is limited to the fees paid by you for the relevant engagement. We are not liable for any indirect, incidental, special or consequential loss, including loss of profit, revenue or business opportunity, arising from the use of our services or deliverables.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee under the Australian Consumer Law. Under the Australian Consumer Law, if our services are not of a nature, quality or standard that a reasonable person would expect, or do not meet the guarantees that apply, you may be entitled to a remedy.
Our services are advisory in nature. You remain responsible for your own business decisions, and any deliverables we provide should be reviewed and adapted to your specific circumstances before implementation. You should seek independent professional advice where appropriate.
9. Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms purports to exclude, restrict or modify any statutory rights you may have. To the extent any provision of these Terms conflicts with the Australian Consumer Law, that provision will be read down or severed to the extent necessary to comply with the law.
10. Privacy
We collect and handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). By engaging our services, you consent to the collection, use and disclosure of information reasonably necessary for us to provide the services.
11. Suspension and Termination
Either party may terminate an engagement by giving 14 days' written notice. You remain liable for all fees for work performed up to the date of termination. We may terminate an engagement immediately, or suspend work, if payment is significantly overdue or if you materially breach these Terms.
12. Force Majeure
We will not be liable for delays or failures in performance caused by circumstances beyond our reasonable control, including natural disasters, pandemics, power or telecommunications failures, or other events outside our control. Affected timelines will be extended reasonably in these circumstances.
13. Amendments
We may update these Terms from time to time. The version of these Terms that applies to your engagement is the version in effect at the time the engagement commences, unless you agree in writing to a later version. Current Terms are always available on this website.
14. Governing Law
These Terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.
15. Contact
If you have any questions about these Terms, please contact us:
CIBI Essential Pty Ltd
ABN 76 703 154 616
Melbourne VIC, Australia
Email: ceo@cibiessential.online
Website: https://cibiessential.online