1. About these terms
These terms of service govern the supply of services by BJZ Pty Ltd (ABN 97 701 315 120) (“BJZ”, “we”, “us” or “our”) to clients and visitors (“you”). By engaging our services, requesting a quote, or using the website at https://bjzpty.site, you agree to be bound by these terms. If you do not agree with these terms, please do not use this website or engage our services.
2. Our services
BJZ provides diversified professional services for Australian businesses, including business consulting, advisory, administrative support, project management and related services. The specific scope, deliverables, timelines and fees for each engagement will be set out in a written quote, proposal or engagement letter provided to you. Where a quote or engagement letter conflicts with these terms, the quote or engagement letter will prevail to the extent of the inconsistency.
3. Quotes and engagement
- All quotes provided by BJZ are valid for 30 days from the date of issue unless otherwise stated in writing.
- An engagement commences only when you accept a quote, proposal or engagement letter in writing, including by email.
- Any variation to the agreed scope must be agreed in writing by both parties. Additional work outside the agreed scope may be quoted and charged separately.
4. Fees, invoicing and payment
- Fees for our services will be set out in the applicable quote, proposal or engagement letter.
- We will issue valid tax invoices for all amounts payable. Invoices are payable within 14 days of the date of issue unless otherwise agreed in writing.
- For ongoing engagements, we may issue progress invoices at agreed milestones or at agreed intervals.
- If an invoice remains unpaid beyond its due date, we may suspend work on your engagement until payment is received, and we may charge reasonable late payment costs as permitted by law.
- You must pay all amounts without set-off or deduction, except as required by law.
5. Goods and services tax (GST)
Unless otherwise stated, all fees and charges quoted are exclusive of GST. Where GST applies to a supply made by BJZ under these terms, we will add GST to the fee in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth), and that amount will be shown separately on our tax invoice.
6. Australian Consumer Law
Nothing in these terms excludes, restricts or modifies any rights that you may have under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), including the consumer guarantees, or any other rights that cannot lawfully be excluded.
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to a compensatory payment if it is reasonably foreseeable that you have suffered loss or damage because of our failure to meet the consumer guarantees.
7. Your responsibilities
- You agree to provide accurate, complete and timely information, documents and access reasonably required for us to perform the services.
- You agree to provide feedback and approvals within a reasonable time so that agreed timelines can be met. Delays caused by you may affect delivery dates and fees.
- You confirm that you have the right to provide any materials you supply to us, and that our use of those materials as directed by you will not infringe the rights of any third party or breach any law.
- You agree to use any deliverables we provide only for lawful purposes connected with your business.
8. Intellectual property
- Subject to full payment of all fees owing for the relevant engagement, ownership of original deliverables created specifically for you under that engagement passes to you on final payment.
- We retain ownership of all pre-existing intellectual property, including our methodologies, templates, tools, frameworks and know-how. Where pre-existing intellectual property is incorporated into a deliverable, we grant you a perpetual, non-exclusive, royalty-free licence to use it as part of that deliverable for your normal business purposes.
- You retain ownership of materials you supply to us.
- Unless you ask us in writing not to, we may refer to you and describe the services we performed for you in our marketing materials after the engagement is complete.
9. Confidentiality
Each party agrees to keep confidential all non-public information disclosed by the other party in connection with an engagement, and to use that information only for the purpose of performing the engagement. This obligation does not apply to information that is or becomes publicly available other than through a breach of confidentiality, that was already lawfully known to the receiving party, or that must be disclosed by law or by a regulator or court. These confidentiality obligations survive the completion or termination of an engagement.
10. Limitation of liability
To the fullest extent permitted by law, and except for liability that cannot be excluded under the Australian Consumer Law or other applicable legislation:
- BJZ is not liable for indirect, incidental, special or consequential loss or damage, including loss of profits, revenue, data or business opportunities.
- Our total aggregate liability arising out of or in connection with an engagement is limited, at our option, to the resupply of the relevant services or the payment of the cost of having the services resupplied, being an amount not exceeding the fees actually paid by you to us for the services giving rise to the liability.
Information published on this website is general in nature and does not constitute financial, legal, taxation or other professional advice. You should obtain advice tailored to your circumstances before acting on any information on this website.
11. Termination
- Either party may terminate an engagement by giving at least 14 days’ written notice to the other party, unless the engagement letter specifies a different notice period.
- Either party may terminate an engagement immediately by written notice if the other party commits a material breach of these terms that is not remedied within 14 days of written notice, or becomes insolvent or subject to external administration.
- On termination, you must pay all fees for services performed up to the date of termination, and we will deliver to you any completed or substantially completed work for which you have paid.
- Clauses relating to intellectual property, confidentiality, limitation of liability and governing law survive termination of an engagement.
12. Privacy
We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. Our Privacy Policy explains how we collect, use, store and disclose personal information and how you can access and correct the information we hold about you.
13. Third-party websites and services
This website may contain links to third-party websites or refer to third-party software and services. These links are provided for convenience only. We do not control, endorse or accept responsibility for third-party websites, products or services, and we recommend you review the terms and privacy policies of any third party before engaging with them.
14. Force majeure
We will not be liable for any delay or failure to perform our obligations under these terms to the extent that the delay or failure is caused by an event beyond our reasonable control, including natural disasters, epidemics, industrial action, utility or internet outages, or acts of government. Where such an event occurs, we will notify you as soon as reasonably practicable and the parties will work in good faith to agree revised timelines.
15. Governing law
These terms and any engagement with BJZ are governed by the laws of Western Australia and the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia and the courts competent to hear appeals from those courts.
16. Changes to these terms
We may update these terms of service from time to time. The current version will always be published on this page with a revised effective date. Continued use of this website, or continued engagement of our services after an updated version takes effect, constitutes acceptance of the updated terms. Material changes affecting an existing engagement will be communicated to you in writing.
17. Contact us
If you have any questions about these terms of service, or wish to give or receive any notice under them, please contact:
BJZ Pty Ltd
ABN 97 701 315 120
Perth, WA, Australia
Email: ceo@bjzpty.site
Website: https://bjzpty.site