Terms & Conditions of Engagement
Effective 1 January, 2019
In these Terms and Conditions of Engagement, the expression “the Company” shall mean Creative Entrepreneur (ABN 50 274 955 851), and the expression “the Client” shall mean any party contracting for the supply of any professional business service, including but not limited to, business coaching, mentoring, training, and/or consulting, rendered by the Company.
1. The initial (1.5 hour) consultation is charged at a special rate of $299.00 (ex. GST) during normal business hours of 9am – 5pm / Mon-Fri. Payment will be required at least 24 hours before session takes place. Out of hours and/or weekend work will incur a 20% additional fee. Additional work carried out by the Company will be charged to the Client at 15 minute increment lots as per clause 3 below.
2. Following the initial consultation, the ‘ongoing’ consulting rate of $300 per hour + GST ('face to face' rate) or $250 per hour + GST ('online' rate) may apply. This will be charged at 15 minute increment lots (as per clause 3 below), and payable within 7 days from issue of invoice. Out of hours and/or weekend work will incur a 20% additional fee. A 5,10, and 15% discount is available off the ongoing rate for 3, 6, or 12 month package options consecutively.
3. Total 'consultation time' is calculated in 15 minute increments and includes all work performed by us with you, which may include advisory, mentoring, coaching, consultation, and any other form of work involving phone discussions; Skype meetings; e-mail correspondence; business development work performed at our office; meetings held with you and your staff, and if appropriate with your clientele and your suppliers; formulation of reports, data analysis, market research; travel time (charged at 50% of standard rate from Melbourne CBD); etc.
4. The rate is exclusive of all disbursement charges, including but not limited to, courier charges, photographic expenses, sub-consultant fees, parking, interstate or overseas phone charges, market research material, trade show expenses, etc.
6. All travel required by car outside of Metropolitan Melbourne will be charged at $0.85/km (calculated from Errol Street, North Melbourne), and will be invoiced as a disbursement cost and be subject to the conditions outlined above. 5. Interstate / overseas travel and related costs including, but not limited to, motor vehicle hire, petrol, meals, flights, accommodation, departure tax, travel insurance, will be charged as a disbursement cost, and will be mutually agreed upon.
7. Termination of works: if a project should be terminated or suspended prior to completion, fees shall be charged proportionally to the stage of works completed.
8. For any work conducted at the Client’s premise, or at any other specific site requested by the Client, a minimum service fee of 2 hours will apply, plus additional travel time to/from the meeting location, calculated at 50% of the applicable consulting rate defined above.
9. Cancellation or change to a booking between the Client and the Company shall be determined at least 24 hours prior to the event. Where the Client cancels or changes a booking’s date and/or time with less than a 24 hour notice, a minimum one hour fee, calculated at the applicable consulting rate defined above, will be charged to the Client.
10. The Company reserves the right to charge a ‘licence fee’ for the use of precedents or the Company’s copyright documents.
11. Fees for professional services rendered and/or provision of copyright documents will be invoiced on a progressive basis (usually monthly) and are payable within 7 days.
12. Interest at the rate of 10% per annum is payable on overdue fees. Interest will be charged on fees that are overdue more than 60 days from the due date. The rate of interest has been calculated in accordance with the current rate, under the Penalty Interest Rates Act 1983 (Vic). Clients who seek to enter into a payment agreement may have the interest rate waived at our discretion.
13. Copyright in all documents and plans prepared by the Company and in any works executed from those documents and plans shall remain the property of the Company.
14. Goods and Services Tax (GST): for the purpose of this Agreement, “GST” means any consumption tax imposed by government, whether at the point of provision of a service, of a sale or at some other specified occurrence, by whatever name, which operates during the term of the Agreement and includes (without limitation) a goods and services tax, a broad based consumption or indirect tax and a value-added tax.
15. All quotes or estimates provided to the Client for any future consulting work will be exclusive of GST, unless otherwise stated.
16. If a dispute arises out of, or relates to, work carried out by the Company, or the breach, termination validity or subject matter thereof, or as to any related claim in restitution or at law, in equity or pursuant to any statute, the parties to the engagement and the dispute expressively agree to endeavour to settle the dispute by mediation administered by the ‘Dispute Settlement Centre Victoria’ - 4/456 Lonsdale St, Melbourne, VIC 3000, before having recourse to arbitration or litigation.