R G F & Associates Pty Ltd prides itself on its ability to provide quality service to its Clients. The responsibility for choosing to engage R G F & Associates Pty Ltd rests entirely with our Clients who must advise us immediately of any dissatisfaction with the services provided.
In these terms and conditions of business: “R G F & Associates” or RGFA means R G F & Associates Pty Ltd. “Consultant” means a person or persons assigned by RGFA to undertake work for the Client. “Client” means that person, firm, company, authority or organisation to which RGFA and/or a Consultant is engaged to provide the services. “Services” means any and all work undertaken by RGFA for the Client and any and all materials and/or deliverables supplied by RGFA to the Client.
1. These terms apply, unless otherwise agreed in writing, to the exclusion of and shall prevail over all and any other terms. No variation shall be made to these terms without the prior written consent of a director of RGFA and, unless otherwise agreed in writing, these terms apply on and from the date of the engagement of RGFA in any matter whatsoever for and on behalf of the Client.
2. The engagement or use in whatever capacity by the Client (or by any third party as a result of an introduction by the Client) of RGFA constitutes acceptance of these terms by the Client.
3. RGFA will provide consulting services to the Client for any solution requested by the Client, specifically Information, Communications and Technology (ICT) solutions. RGFA will render such services in accordance with relevant Australian Standards.
4. RGFA will provide to the Client a written quotation or Statement of Work (SOW) for the Services to be provided. The Services will not commence until signed authorisation of said SOW and Terms and Conditions of Business have been received from the Client. Should further services be required that were not initially included in the authorised SOW, RGFA will issue additional quotations or Statement of Works for authorisation by the Client prior to additional services being rendered.
5. The fee (“the Fee”) payable by the Client in respect of work undertaken shall be calculated and invoiced in accordance with the attached fee schedule.
6. The Fee is exclusive of the Goods and Services Tax (GST) and any other additional Government imposed taxes and charges associated with the Services.
7. Upon the Client engaging RGFA any fees, charges or payments due to RGFA shall be invoiced to the Client as required and shall be payable to RGFA within 7 days of invoice date. Payment may be made by cheque or EFT. When making payment, the relevant Invoice Number must be noted for reconciliation purposes. In the case of EFT payment, notification that this payment has been made must be advised to RGFA either by phone or email on the day payment is made.
8. Should the Client be in dispute as to the invoice amount or standard of services provided by RGFA the Client must address said dispute with RGFA immediately upon receipt of invoice. Interest may be charged on any amount outstanding after 14 days from date of invoice at the Standard Default Contract Rate as published from time to time by the Queensland Law Society, and shall accrue daily until the outstanding balance is paid.
9. RGFA reserves the right to discontinue the Services in cases where the Client has not made payment on outstanding invoices during the course of provision of the Services.
10. RGFA warrants to provide services at an acceptable standard to the Client and warrants the conduct of its personnel while at the Client’s premises.
11. If RGFA shall commit a material and persistent breach of their obligations under this Agreement which they fail to remedy within 28 days after receiving a notice from the Client specifying the breach and requiring its remedy or if RGFA become Insolvent, the Client shall be entitled forthwith to terminate this Agreement by service of a notice to that effect to RGFA.
12. Each party acknowledges the confidentiality of the other party’s confidential information. Neither party will gain a right or interest in the other party’s confidential information, other than for the purposes contemplated by these Terms. Each party must keep all of the other party’s confidential information confidential, and only use it for the purposes of fulfilling its obligations under these Terms. However this obligation will not apply to information which: (a)was in the public domain when it was provided to a party, or later enters the public domain, through no fault of the party; or (b)the party is obliged by law to disclose, provided that it has first advised the other party of this obligation.
13. RGFA will provide services to the Client as required, but generally between core business hours of 9am to 5pm Monday to Friday.
a. it is to be read down or severed to the extent of the invalidity or unenforceability; and
b. that fact does not affect the validity or enforceability of the remaining provisions.
15. Whatever the nationality, residence or domicile of the Client and wherever the service is situated, the law of the Commonwealth of Australia shall be the law applicable to this Agreement and the parties submit to the exclusive jurisdiction of the Australian Courts.