Governing Law
These general terms and conditions form part of the Agreement between the parties. The Agreement shall be governed by the Laws of the State of Western Australia.
Performance of Services
Corporate Supremacy has been engaged to assist the Client by providing services as agreed in writing.
Corporate Supremacy shall perform all tasks necessary to achieve the agreed objectives.
In performing the services Corporate Supremacy shall perform its duties in accordance with its Customer Service Charter.
The start date is as agreed.
Client Support
In requesting the services, the Client agrees to:
- Provide to Corporate Supremacy all necessary and accurate information, documents and directions in respect of the services
- Inform Corporate Supremacy of any changes to Client requirements (variations) and respond to Corporate Supremacy’s requests for information, documents or directions within stated time-frames
- Communicate with Corporate Supremacy by and through the Client representative who shall have the authority to bind the Client on all matters related to the services
- Comply with all relevant compliance obligations
- Be jointly and severally bound where the Client consists of more than one person.
Client / Committee Liaison
Where a project is administered by a Steering Committee, Working Group or equivalent body acting as or on behalf of the Client, Corporate Supremacy requires one representative of this committee to be appointed as the contact person.
Variations of Services
The Services and Fee may be varied:
- By direction of the Client to Corporate Supremacy requiring: An increase/decrease or deletion of any part of the services; A change in the timing, sequence, or character of the services; or Additional services
- By notification to the Client by Corporate Supremacy that in order to meet the requirements of the Client additional work is required.
Delay in Completing the Services
The Client agrees to grant an extension of the date for completion of the services equivalent to the duration of any delay to the services caused by any matter or event outside Corporate Supremacy’s control.
Draft Reports
Draft reports, tender and grant submissions shall be provided as required for review by the Client prior to completing a final report or tender/grant submission.
Confidentiality
Corporate Supremacy agrees not to disclose confidential information relating to the Client or their project/s and the Client agrees not to disclose details relating to the contract signed with Corporate Supremacy.
Suspension or Cancellation of Agreement
Corporate Supremacy may suspend work or cancel the Agreement at its absolute discretion if the Client:
- Becomes insolvent or appears unable to pay its debts
- Has breached any of the terms and conditions of the Agreement and has not remedied such a breach within 14 days of receipt of written notice from Corporate Supremacy requiring it to remedy that breach.
Either party may terminate this agreement by giving two (2) weeks written notice.
Consultant’s Liability
All surveys, forecasts, projections and recommendations made in reports or studies associated with the services are made in good faith and on the basis of the information available to Corporate Supremacy at the time; and achievement of the objectives, projections or forecasts set out in such reports, tenders, grants or studies will depend among other things on the actions and experience of (or the price submitted by) the Client over which Corporate Supremacy has no control.
Notwithstanding anything contained therein, neither Corporate Supremacy nor its team members, servants or agents will, except as the law may require, be liable for any loss or other consequences (whether or not due to the negligence of the consultants, their team members, servants or agents) arising out of the services rendered by the consultants.
Dispute Resolution
Any dispute arising out of the Agreement, which cannot be amicably settled between the parties, shall be referred to arbitration by a single arbitrator in Western Australia, Australia in accordance with the International Arbitration and Mediators Association. (IAMA).
Payments
Consulting fees will be negotiated on the basis of the following:
- An hourly rate
- A day rate
- An up-front fixed per-project fee
- A retainer
- A combination of any of the above.
The consultancy fee (plus GST) to be paid will be in respect of total consultancy services rendered for the Client and is based on the time spent on the services, whether at the Client’s premises, Corporate Supremacy’s office or elsewhere (including travel) and in the case of a tender or grant application whether or not it was successful.
Motor Vehicle travel costs within the Perth Metropolitan area (as defined by the Perth Metropolitan Scheme) are included in the agreed fee however motor vehicle travel outside of the Perth Metropolitan area will incur an additional cost per kilometre (current ATO rate).
If required, air travel and/or overnight accommodation and meals organised by the Consultant shall be charged at cost plus 10% administration fee or can be organised and paid directly by the Client and in this instance no administration fee is charged. Travel will not be undertaken without the Client’s prior written approval.
All prices quoted are excluding GST.
Charges are not levied for telephone calls, photocopying or minor administrative tasks. Where it is agreed in advance that there will be significant administrative work a negotiated fee will apply.
Invoices (or time-sheets) will be sent when agreed. The invoice will show all details relating to the services provided.
It is expected that the Consultant will be paid the agreed amount for all services rendered, within seven (7) business days of the tax invoice date.
Corporate Supremacy reserves the right to suspend or terminate services if accounts are not paid when due or refer the outstanding account to a debt collection agency or a lawyer.
Fees and charges will be reviewed annually in June (and take effect on 1 July) or at any other time by agreement of the parties.
Variations
These general terms and conditions can be varied by written agreement.
