Terms & Conditions

Services Provided

• The Client hereby agrees to engage the Consultant to provide the Client with the following consulting services (the "Services"):

  • Services will include analysing client needs, identifying appropriate personal life administration services and providing those services on both an ongoing and ad hoc basis as required.

• The Services will also include any other consulting tasks which the Parties may agree on. The Consultant hereby agrees to provide such Services to the Client.

Term of Agreement

• The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect indefinitely until terminated as provided in this Agreement.

• In the event that either Party wishes to terminate this Agreement, that Party will be required to provide thirty days' written notice to the other Party.

• In the event that either Party breaches a material provision under this Agreement, the non-defaulting Party may terminate this Agreement immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.

• This Agreement may be terminated at any time by mutual agreement of the Parties.

• Except as otherwise provided in this Agreement, the obligations of the Consultant will end upon the termination of this Agreement.

Performance

• The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

Currency

• Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in AUD (Australian Dollars).

Payment

• The Consultant will charge the Client for the Services monthly for membership and a flat rate agreed upon per service as per quote provided and accepted prior to works being completed. Quotes are calculated based on a rate of $50 per hour plus materials and expenses (the "Payment").

• The Client will be invoiced every month for their membership subscription at the rate specified for each of the three membership levels. Any change to monthly subscription will be notified in writing sixty days prior to price change.

• Invoices submitted by the Consultant to the Client are due within seven days of receipt.

Reimbursement of Expenses

• The Consultant will be reimbursed from time to time for reasonable and necessary expenses incurred by the Consultant in connection with providing the Services.

• All expenses must be pre-approved by the Client.

Confidentiality

• Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.

• The Consultant agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Consultant has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.

• All written and oral information and material disclosed or provided by the Client to the Consultant under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Consultant.

Ownership of Intellectual Property

• All intellectual property and related material (the "Intellectual Property") that is developed or produced under this Agreement, will be the property of the Consultant. The Client is granted a non-exclusive limited-use licence of this Intellectual Property.

• Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Consultant.

Return of Property

• Upon the expiry or termination of this Agreement, the Consultant will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.

Capacity/Independent Contractor

• In providing the Services under this Agreement it is expressly agreed that the Consultant is acting as an independent contractor and not as an employee. The Consultant and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

Right of Substitution

• Except as otherwise provided in this Agreement, the Consultant may, at the Consultant's absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of the Consultant under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.

• In the event that the Consultant hires a sub-contractor:

  • the Consultant will pay the sub-contractor for its services and the Compensation will remain payable by the Client to the Consultant.

  • for the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of the Consultant.

Autonomy

• Except as otherwise provided in this Agreement, the Consultant will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. The Consultant will work autonomously and not at the direction of the Client. However, the Consultant will be responsive to the reasonable needs and concerns of the Client.

Equipment

• Except as otherwise provided in this Agreement, the Consultant will provide at the Consultant’s own expense, any and all equipment, software, materials and any other supplies necessary to deliver the Services in accordance with the Agreement.

No Exclusivity

• The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.

Notice

• All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing by email to the Parties at the following addresses:

  or to such other address as either Party may from time to time notify the other.

  1. [Client full name provided at registration] 

  2. [Client email provided at registration]

  3. Owncierge Pty Ltd

  4. accounts@owncierge.com.au

Australian Company Number (ACN)

• The Australian Company Numbers (ACN's) for the Parties to this Agreement are as follows:

  1. Owncierge Pty Ltd: 682 185 566

Indemnification

• Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

Modification of Agreement

• Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.

Assignment

• The Consultant will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.

Entire Agreement

• It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

Enurement

• This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.

Titles/Headings

• Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

Gender

• Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

Governing Law

• This Agreement will be governed by and construed in accordance with the laws of the State of Queensland, Australia.

Severability

• In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

Waiver

• The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.