Terms and Conditions
Connect My Community Terms and Conditions
1.1. Consultant means CONNECT MY COMMUNITY CONSULTING (ABN 67 803 987 172) and its related entities, its successors and assigns or any person acting on behalf of and with the authority of CONNECT MY COMMUNITY CONSULTING
1.2. Client means the person or persons buying the Consulting Services as specified in any Consulting Agreement, invoice or document and if there is more than one, Client is a reference to each Client jointly and severally.
1.3. Consulting Services means all Goods and Services supplied by the Consultant to the Client at the Client’s request from time to time (where the context permits the term ‘Good’ and “Consulting Services’ will be interchangeable for the other including as set out in the Consulting Agreement.
1.4. Consulting Agreement means any agreement agreed to by the Client and the Consultant for the provision of Consulting Services.
1.5. Force Majeure means any cause beyond the reasonable control of the affected party, including, but not limited to, any act of God, pandemic, war, riots, acts of the public enemy, fires, strikes, labour disputes, accidents, or any act in consequence of compliance with any order of any government or governmental authority.
2. OUR COMMUNITY CONSCIOUS PROMISE
The Consultant believes in upholding certain values, and its clients, by entering into a Consulting Agreement with the Consultant the Client agrees to abide the Community Conscious Promise. The Community Conscious Promise reflects the Consultant’s belief that success in business can be built through kindness and understanding, and that through building a community of like-minded, moral, and ethical businesses, businesses raise each other up to do good things. You can read the full Community Conscious Promise by downloading a full copy of the promise here.
These General Terms and Conditions govern the provision of all Consulting Services from or on behalf of the Consultant to the Client and apply to all legal relationships between the Consultant and the Client.
These General Terms and Conditions supersede any and all prior oral and written quotations, communications, agreements and understandings of the parties and shall apply in preference to and supersede any and all terms and conditions of any order placed by the Client and any other terms and conditions submitted by the Client. Failure of the Consultant to object to terms and conditions set by the Client shall in no event be construed as an acceptance of any terms and conditions of the Client.
Neither the Consultant’s commencement of performance nor the Consultant’s delivery of Consulting Services shall be deemed or constituted as acceptance of any of the Client’s terms and conditions.
Any communication or conduct of the Client which confirms an agreement for the provision of Consulting Services by the Consultant, as well as acceptance by the Client of any provision of Consulting Services from the Consultant shall constitute an unqualified acceptance by the Client of these General Terms and Conditions.
4. OBJECTIVES AND DISCLAIMER
The Consultant provides a tiered offering of Consulting Services. The Consulting Services, at any tier, do not constitute specific accounting, tax, legal or other similar type advice, nor does it replace the advice of your solicitor, accountant or other advisers. The Consultant recommends that you consult with your own legal, accounting, and other advisers for specific legal or financial advice.
The Consultant is not liable to the Client or to any third party for any loss, damage, costs or liabilities suffered because of this Consulting Agreement, the existence of the relationships between the parties, the Consulting Services provided or the act or omissions of the Consultant.
6. CONFLICT OF INTEREST
If the Consultant has a conflict of interest, it must be disclosed by the Consultant to the Client.
The Consultant will keep in strict confidence all and any information of a confidential nature which it obtains
about either of the other parties because of the arrangements contemplated by the Consulting Agreement.
8. CLIENT DATA
In the course of providing the Consulting Services the Consultant will obtain contact details and business information of Client, and data related to the Client’s customers for one or more specified and lawful purpose. The Consultant will not use, access, modify or disclose Customer Data to any person except to its Personnel on a need-to-know basis to perform the Consulting Services. This clause shall not apply in relation to any information that is already available in the public domain other than because of a breach of this clause by any party.
9. PERFORMANCE OF THE CONSULTING SERVICES
The Consultant shall determine the manner in which and the person by whom the Consulting Services will be carried out, considering, as far as is feasible, the reasonable requests expressed by the Client. The Consultant shall complete the Consulting Services with reasonable skill, care, and diligence accordance with the Agreement.
The Client accepts that the time schedule allocated for the performance of the Consulting Services may be subject to change in case of amendment to the Consulting Services. In case of any change of circumstances under which the Consulting Services are to be performed which cannot be attributed to the Consultant, the Consultant may make any such amendments to the Consulting Services as it deems necessary to adhere to the agreed quality standard and specifications.
10. CLIENT’S OBLIGATION
The Client shall at all times make available to the Consultant all information and documents that the Consultant deems necessary to be able to carry out the Consulting Services correctly, in proper and timely performance of
the Consulting Services.
The Client guarantees that Consultant can at all times work under safe conditions, in accordance with the relevant health and safety regulations and environmental rules.
The Client shall duly inform the Consultant of any facts and circumstances that may be relevant in connection with the execution of the Consulting Services..
11. CONSULTING SERVICE FEES
Consulting Services fees are paid monthly via direct debit. Monthly Subscription Consulting Services will automatically renew each month.
Annual Subscription Consulting Services will automatically renew each year, without notice, until the Client cancels the Consulting Services.
The Consultant will automatically charge the Client the then-current rate for its Consulting Services every payment period upon renewal until the Client cancels. The Consultant will notify you of any rate change with the option to cancel.
If the applicable GST rate (or other included tax) changes during your annual term, the Consultant will accordingly adjust the tax-inclusive price for your plan on your next billing date.
12. CONSULTING SERVICE CANCELLATION
The Client may cancel the delivery of the Consulting Services by providing thirty (30) days’ notice in writing to the Consultant. Otherwise, the Consulting Agreement will end at the term agreed in the Consulting Agreement. Consulting Services will automatically be terminated if the Client become bankrupt or insolvent.
The Consultant shall be free to involve Subcontractors, availing of specific expertise, in the performance of the Consulting Services, provided that the Consultant shall have these third parties enter into confidentiality obligations similar to the confidentiality obligations applicable to the Consultant. If requested by the Client, the Consultant shall identify these Subcontractors, specifying in each case their specific expertise.
14. SOCIAL MEDIA CREDIT
Prior consent from the Consultant required before the publication of any image or article featuring the Consultant. The Consultant will be credited for any social media posts or published articles where it is featured. The Consultant will seek permission from the Client before sharing any image or the Client’s name on social media.
15. INTELLECTUAL PROPERTY
All documents generated by the Consultant in Consulting Services, including reports, other documents and materials, shall become the property of the Client. The Consultant shall provide all reasonable assistance such that the Client may apply for patents, copyrights and other intellectual property rights in respect of these results.
16. GOVERNING LAW AND JURISDICTION
This Consulting Agreement is governed by the laws of New South Wales and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales.
17. FORCE MAJEURE
Neither party shall be liable in any way for any damage, loss, cost or expense arising out of or in connection with a Force Majeure event. Upon the occurrence of any Force Majeure event, the party suffering thereby shall promptly inform the other party by written notice thereof specifying the cause of the Force Majeure event and how it will affect its performance.
18. DISPUTE RESOLUTION
If a dispute arises under this Consulting Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Wollongong, Australia. Any costs and fees other than solicitor fees associated with the mediation will be shared equally by the parties. If the dispute is not resolved within 30 days after it is referred to the mediator, any party may take the matter to Court.
19. ACCEPTING THE TERMS AND CONDITIONS
By signing you accept the Terms and Conditions. Use of email and electronic signatures shall have the same force and effect as an original signature.