Terms of Service
These Terms of Service (“Terms”) govern the supply of professional consulting services by Deep Professional Services Pty Ltd, ABN 95 702 114 447 (“we”, “us”, “our”) to you (“you”, “the Client”). By engaging us, accepting a written proposal, or using our website at deepprofessionalservices.site, you agree to be bound by these Terms.
1. About these Terms
These Terms apply to all engagements unless we agree in writing to vary them. Where a signed proposal, statement of work or engagement letter sets out additional or inconsistent terms, that document prevails over these Terms to the extent of any inconsistency for that engagement.
2. Our Services
We provide professional consulting services, including advisory, analysis, planning, documentation and related support services, as described on our Services page and in each written proposal. The specific scope, deliverables, timelines and fees for each engagement will be set out in a written proposal or engagement letter agreed between the parties before work commences.
Any indicative timelines provided are estimates only. We will work diligently and professionally but do not guarantee that deliverables will be completed by any particular date unless expressly agreed in writing.
3. Quotes, Fees and Payment
- Quotes provided by us are valid for 30 days from the date of issue unless otherwise stated.
- Fees are stated in Australian dollars and exclude Goods and Services Tax (GST), which is payable in addition where applicable.
- Unless otherwise agreed in writing, invoices are payable within 14 days of the invoice date.
- Overdue amounts may accrue interest at a reasonable rate, and we may suspend services where invoices remain unpaid after written notice.
- Disbursements and third-party costs incurred with your prior approval will be on-charged at cost or as itemised in the proposal.
4. Client Responsibilities
To enable us to perform the services, you agree to:
- provide timely, accurate and complete information, records and access reasonably required by us;
- nominate a point of contact authorised to make decisions and provide approvals on your behalf;
- respond to requests for feedback or approval within a reasonable time; and
- ensure that any materials or information you provide to us do not infringe the rights of any third party.
We are not responsible for delays or defects arising from incomplete, inaccurate or late information provided by you or your representatives.
5. Deliverables and Intellectual Property
Upon full payment of the relevant invoices, you acquire a perpetual, royalty-free licence to use the deliverables prepared specifically for you under the engagement for your own business purposes. We retain ownership of our pre-existing methodologies, tools, templates and know-how, which remain our intellectual property. You must not resell, publish or distribute our deliverables as your own product without our prior written consent.
6. Confidentiality
Each party will keep confidential all non-public information received from the other party in connection with an engagement, and will not disclose it to third parties except where required by law or where the information is disclosed to professional advisers who owe a duty of confidentiality. This obligation survives completion or termination of an engagement.
7. Limitation of Liability
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (being Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot lawfully be excluded, restricted or modified.
Subject to the preceding paragraph, and to the maximum extent permitted by law:
- our liability for any loss or damage arising out of or in connection with the services is limited, at our option, to the resupply of the services or the payment of the cost of having the services resupplied; and
- we are not liable for indirect, incidental, special or consequential loss, including loss of profit, revenue, data or business opportunity, however caused.
If you are a consumer within the meaning of the Australian Consumer Law, our goods and services may come with guarantees that cannot be excluded. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
8. Termination
Either party may terminate an engagement by giving 14 days’ written notice to the other. We may terminate an engagement immediately by written notice if you fail to pay a properly issued invoice within 14 days of written reminder, or if you materially breach these Terms and fail to remedy the breach within 7 days of notice. On termination, you remain liable for all fees for work performed and approved disbursements incurred up to the date of termination.
9. Privacy
We handle personal information in accordance with our Privacy Policy. Our collection, use and disclosure of personal information comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
10. Website Content
Content on this website is provided for general information only and does not constitute professional advice for your specific circumstances. You should obtain advice tailored to your situation before acting on any general information published on this website. Details of our practice are on our About page, and the regions we serve are listed on our Service Areas page.
11. Amendments
We may update these Terms from time to time by publishing a revised version on this page. The version applying to your engagement is the version in force at the date you accept a proposal or commence an engagement with us, unless a later version is agreed in writing.
12. Governing Law
These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia.
13. Contact
Questions about these Terms, or a copy of these Terms in an alternative format, may be directed to:
Deep Professional Services Pty Ltd
ABN 95 702 114 447
Perth, WA, Australia
Email: ceo@deepprofessionalservices.site
You can also reach us through our Contact page or request a proposal via our Quote page.