Standard Terms & Conditions for Services

These standard terms and conditions for the provision of services and the document issued by Project Platypus Organisation ABN 59 631 244 284 (Project Platypus) that the client (you) signed that refers to these terms and conditions (such as an estimate or quote) (Document) together form the entire agreement between Project Platypus and you. If there is any conflict between the details specified in the Document signed by you and these terms and conditions, the details in the Document prevail.

1. Services
1.1 Project Platypus will provide the services specified in the Document (the services).

1.2 Project Platypus may allocate any staff or consultant of Project Platypus to perform the services and may replace any personnel named by Project Platypus with personnel of similar skill.

1.3 Any timetabled dates are intended for planning and estimating purposes only and are not contractually binding.

2. Client Responsibilities
2.1 You are responsible for determining that the scope of services in the Document is sufficient to meet your needs.

2.2 You agree that you will:

2.2.1 provide all information and assistance that Project Platypus requires to enable Project Platypus to provide the services;

2.2.2 provide information that is true, correct, and not misleading;

2.2.3 use the results of the services only for the purpose for which the services are provided;

2.2.4 advise all Project Platypus personnel who visit your premises of what is required of them in relation to health and safety, such as use of safety equipment and emergency evacuation procedures.

2.3 Project Platypus will rely on any information you provide and will not verify that information.

3. Reliance on Project Platypus’s Work
3.1 You may rely on any final written report issued by Project Platypus or other final product of the services only. Any oral comments or drafts of written reports or any other communications made prior to the final written report do not represent the final conclusions of Project Platypus and should not be relied upon.

4. Disclosure of Project Platypus’s Work
4.1 You must not disclose any report or other information provided as part of the services or obtained by you from Project Platypus in connection with the services to any other person without Project Platypus’s prior written consent.

4.2 The services are provided for your use only and Project Platypus accepts no responsibility or liability to any other person or company.

4.3 All papers and documents Project Platypus produces in the course of providing the services are the property of Project Platypus and Project Platypus has no obligation to disclose those papers and documents to you or to any other person.

5. Online Content
5.1 If as part of the services you are provided use or access to Project Platypus’s secure client website you agree to be bound by and abide by the website terms of use (as published on the website).

5.2 You must ensure all passwords used by you or your personnel to access the secure client website are kept secure and are not provided to any third party.

6. Fees and Expenses
6.1 You agree that the services will be charged on a time and materials basis at Project Platypus’s standard consultancy rates at the time of providing the service, unless a fixed fee or other rate is agreed by the parties in writing before provision of the services.

6.2 You agree to reimburse Project Platypus for any reasonable expenses Project Platypus incurs directly from provision of the services that you are advised of in advance by Project Platypus.

6.3 All invoices issued by Project Platypus must be paid within 30 days of the date of invoice. If payment is not received, Project Platypus reserves the right to suspend provision of the services and/or charge interest on the outstanding amount at a rate determined in accordance with applicable regulations.

6.4 In the event that this agreement is terminated before the services have been completed, you agree to pay Project Platypus for all services provided up to the date of termination. In the event you terminate the agreement before Project Platypus has completed the services, you will also pay Project Platypus any additional costs that Project Platypus reasonably incurs in connection with the early termination.

6.5 Any quotes or fee estimates Project Platypus provides are not contractually binding.

7. Term and Termination
7.1 You may cancel the services at any time for any reason by providing Project Platypus 14 days written notice.
7.2 Project Platypus may terminate this agreement at any time for any reason by providing you written notice.

8. Liability
8.1 Project Platypus’s liability for any loss or damage that you suffer that is caused by Project Platypus’s breach of contract, tort (including negligence), breach of fiduciary duty or other actionable wrong of any kind shall be limited to the fees paid for the services.

8.2 Project Platypus is not liable for any consequential, indirect or special losses or damages of any kind.

8.3 The limitations on liability in this clause 8 apply to the fullest extent permitted by law and survive the termination of this agreement.

9. General
9.1 This agreement is governed by the law in force in the State of Victoria, Australia, and each party submits to the non-exclusive jurisdiction of the courts operating in Victoria.

9.2 No variation of these terms and conditions is effective unless it is in writing and signed by both parties.

9.3 If any provision of these terms and conditions is or becomes illegal, invalid or unenforceable in any jurisdiction, that does not affect the validity or enforceability in that jurisdiction of any other provision or the validity or enforceability in other jurisdictions of that or any other provision.

9.4 A failure or delay in exercising any right, power or privilege in respect of these terms will not be presumed to operate as a waiver, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of that right, power or privilege or the exercise of any other right, power or privilege.

9.5 These terms and conditions do not create a joint venture, partnership, employment or agency relationship between the parties.

10. Definitions
In these terms and conditions:
10.1 "Client" means the person or entity that has engaged Project Platypus to provide services.

10.2 "Document" refers to any written agreement, estimate, or quote provided by Project Platypus and accepted by the Client that outlines the specific services to be provided, the fees for such services, and any other relevant details as to the provision of services.

10.3 "Services" refers to the professional services to be provided by Project Platypus as described in the Document.

This is a summary of the standard terms and conditions under which Project Platypus Organisation provides services. Please ensure that you read and understand them fully before engaging Project Platypus. Your agreement with Project Platypus includes these terms and conditions and any specific terms and conditions outlined in the Document you signed.