CFO to the trade sector

Engagement Terms & Conditions

By engaging Right Brain Enterprises Pty Ltd (ABN 85 159 747 181) (RBE), trading as Right Brain Insights to provide Services (defined below) you: agree to pay Fees (defined below); confirm your acceptance of these terms and conditions; and agree that these terms and conditions will prevail over any other documents or agreements.

 

1. Services

RBE provides business consulting and business operations services.  RBE is not a licensed financial planner, tax agent, lawyer or accountant and as such does not provide financial, tax, legal or accounting advice. If you require, RBE can refer you to such advisors, but RBE does not assume responsibility for any advice that they may provide to you. You are responsible for complying with your financial, tax, legal and accounting obligations.

 

2. Fees

2.1 Fixed fee payable upon execution of the mission scope.

2.2 Payment is required within 7 days of RBE providing you with a tax invoice.

2.3 The Fees are GST exclusive and GST will be an additional inclusion in a tax invoice.

2.4 The Fees are inclusive of, and absorb, any superannuation payments required to be made by RBE in respect of the Services.

2.5 You agree that Part 2-5 of the Taxation Administration Act 1953(Cth) does not apply and you are therefore not required to deduct PAYG withholding payments from the Fees.

 

3. Intellectual Property

All intellectual property (IP) created by RBE for the purpose of, or arising out of, the Services will be owned by RBE. Subject to this clause and payment of Fees, RBE grants you a non-exclusive, perpetual license to use IP created by RBE for your own internal business purposes. Your use must comply with RBE's moral rights in IP protected works created by RBE, including identifying RBE as the author/creator of the works, not falsely attributing authorship, and not subjecting the works to any derogatory treatment.

 

4. Confidentiality

Each party must keep the confidential information of the other party secret, protect and preserve its confidential nature and not use it or disclose it to any other person except with written consent of the other party or to the extent necessary to obtain professional advice, and/or to provide the Services.


RBE will comply with privacy laws and RBE's privacy policy (a copy of which is on RBE's website) in respect of any personal information that RBE may receive from you when providing the Services.

 

5. Liability

5.1 Regardless of any Services provided by RBE, RBE is not liable to you for any loss or liability (including consequential loss) that you may suffer or incur arising from RBE's non-performance or breach of these terms and conditions or under statute, tort (including negligence) or in equity or otherwise at law, unless RBE's exclusion of any such liability is prohibited by law.

5.2 However, if RBE's liability cannot be legally excluded, then to the maximum extent permitted by s64 of the Australian Consumer Law, you agree to RBE limiting its liability, at its discretion, to supplying the Services again or the payment of the cost of having the Services supplied again.

5.3 In no circumstances will RBE’s aggregate liability to you exceed the Fees paid by you to RBE.

5.4 You will indemnify RBE and its directors, officers and employees for loss or liability suffered or incurred by any of them as a result of non-performance or breach by you of these terms and conditions.  However, your liability to indemnify will be reduced proportionately to the extent that their loss or liability was caused or contributed to by RBE's negligence or breach of these terms and conditions.

 

6. Independent Contractor

RBE is an independent contractor. RBE representatives are not your directors, officers or employees and RBE is not your agent or partner.

 

7. Ending The Services

7.1 Either party may end the Services at any time on 14 days written notice.

7.2 If Services have been rendered by RBE, you must pay RBE for all Services and reasonable costs and expenses incurred up to the date of termination.

7.3 Without limitation to RBE's rights under sub-clauses 7.1 and 7.2, RBE can defer or cease providing the Services whilst there are Fees payable to RBE that are unpaid for more than 7 days beyond the due date for payment.

 

8. Interest

You agree to pay interest on unpaid tax invoices from the due date. Interest is calculated at 6% above the current cash rate specified by the Reserve Bank of Australia. 

 

9. Payment Security Obligations

9.1 As security for your payment obligations and liability to RBE, each of your directors personally guarantee to RBE the performance of your obligations under these terms and conditions (including the payment of Fees when due), and you and your directors charge in favour of RBE, all of their respective interests (present and future) in any and all of their real property and any other assets, and consent to RBE lodging a caveat noting its interest in any caveatable property. You also agree that, on RBE's request, you will, and will procure that your directors will, execute any other documents and do any other things reasonably necessary or required by RBE to register a mortgage or other security interest over any such real property or other assets.

9.2 RBE may, in its absolute discretion, engage third parties to recover any and all Fees owed but not paid by you under these Terms and Conditions (“Debt"). In the event that RBE engages such third parties to recover the Debt, RBE will invoice you for all costs associated with the engagement of these third parties and the recovery of the Debt. You will pay such invoice or invoices within 7 days from the date of the invoice.

 

10. Access To Information Assistance

10.1 You must provide access to all relevant records, information and key personnel and provide RBE with such other assistance as reasonably required by RBE to perform the Services. Failure to do this may result in incorrect advice and/or diminish the value of the Services provided.

10.2 You warrant that, to the best of your knowledge, any information or data that you provide to RBE and on which RBE relies in providing the Services, is accurate and not misleading. RBE does not assume any liability from relying on that information or data.

 

11. Your Workplace & Insurance

You must maintain a safe workplace and observe all relevant occupational health and safety laws, and you must also maintain public liability and workers compensation insurance in relation to your workplace.

 

12. Governing Law & Jurisdiction

You agree to Victorian law and courts governing this agreement.

Privacy Policy

This Policy

This privacy policy applies to the management of your personal information (“PI”) by or on behalf of Right Brain Enterprises Pty Ltd (ABN 85 159 747 181) (“we, us, our”). We have created this privacy policy in order to demonstrate our commitment to the Privacy Act 1988 and the Australian Privacy Principles (together, the “Australian Privacy Law”).

 

What PI do we collect?

We collect and hold PI such as your name, title, email, phone number and address.

 

How we collect your PI?

We collect your PI as part of us offering or providing our products or services. This includes when you provide us your PI via our website (including subscribing to newsletters), during phone calls, or customer enquiries. Generally, we collect your PI directly from you, but may also collect your PI from other people or organisations if you have given them consent to provide it.

 

Why do we need your PI?

We need your PI to provide you with our products and/or services, such as informing you (including by direct marketing) about our products and/or services, creating and updating our database(s), ensuring compliance with our contractual and other legal obligations to you, and administering our relationship with you by responding to your enquiries (Main Purposes). If you do not provide us with your PI we may not be able to carry out some or all of the Main Purposes.

 

How do we use your PI?

By submitting your PI to us, you consent to us using your PI for the Main Purposes or any purpose that could be reasonably expected at the time your PI was collected. This might include providing you with or improving our products or services, sending you direct marketing about our products or services, managing our relationship with you, conducting promotions which you may participate in, monitoring how you interact with us on our website or other contact points, helping you to complete an activity that you have chosen to undertake; or doing some other act that we are required or authorised to do by law. We may disclose your PI to other businesses owned by us. We may also use your PI: a) for any the purpose disclosed to you in an information collection statement at the point where we collect your PI; or b) for a purpose related to one of the Main Purposes.

 

Can you remain anonymous or use a pseudonym?

We will, if practicable, allow you to use a pseudonym or to not identify yourself (unless this is impractical or against the law (including the Australian Privacy Law).

In some instances, if you do not provide us with certain PI, we may not be able to provide you with the relevant product, service or information. This may have an effect on whether we can continue any ongoing contract or projects with you or allow you to participate in our promotions.

 

What disclosures will we make?

In general we will disclose your PI for the Main Purposes. We may also disclose your PI in other ways with your consent or as required by law (including the Australian Privacy Law). We are unlikely to disclose your PI to any person or entity outside Australia, but will inform you if and when this is necessary.

 

Is your PI confidential and secure?

We take all reasonable steps to keep the PI we hold secure and to ensure it is protected against misuse, loss, unauthorised access, modification or inappropriate disclosure. We may hold PI in both hard copy and electronic forms in secure systems accessible only to authorised personnel.

 

Do we use “cookies”?

When you visit our website(s), the server may attach a "cookie" to your computer's memory. A “cookie” assists us to store information about how visitors to our website use it and to make assumptions about what information may be of most interest to you. This information is generally not linked to your identity. We may use knowledge of your user experience to better understand what products or services may be of interest to you and to collect statistical information. We may also use cookies to store a user’s name and password on their computer for future visits to our website.

 

Using other sites

This site may contain links to other websites. Unless the other website is one of our sites, we are not responsible for the privacy practices of the owners of those websites. We recommend that you read the privacy policy of any website that asks you to provide your PI.

 

Contacting us about privacy

You can access your PI subject to certain limitations under the Australian Privacy Law. If you would like to access or change your details please contact us on the details set out below. In most cases, a summary of your PI is available free of charge. We encourage you to contact us to update your PI to ensure it is accurate, current and complete. We will take reasonable steps to process your request. To protect all PI held by us, we may require you to confirm your identity before access to your PI is granted. If necessary, reasonable costs may be charged to you in accessing your PI, subject always to the Australian Privacy Law. You may get in contact with us, using the details below, to complain about a breach of the Australian Privacy Principles. We will review all queries and complaints received and respond to each query/complaint upon due consideration (which may require further information to be provided).

 

We can be contacted via:

Email: david@rightbraininsights.com

Phone: +61 425 339 322