Engagement Terms & Conditions
By engaging Right Brain Enterprises Pty Ltd (ABN 85 159 747 181) (RBI), 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.
RBI provides consulting and business operations services. RBI is not a licensed financial planner or accountant and as such does not provide financial or accounting advice.
2.1 Fixed fee payable upon execution of the mission scope.
2.2 Payment is required within 7 days of RBI providing you with a tax invoice.
2.3 A party to which a taxable supply is made must pay GST on that taxable supply in addition to any consideration (excluding GST) that is payable for that taxable supply. It must do so at the same time and in the same way as it is required to pay the consideration for the taxable supply.
3. Intellectual Property
All intellectual property (IP) created by RBI for the purpose of, or arising out of, the Services will be owned by RBI. Subject to this clause and payment of Fees, RBI grants you a non-exclusive, perpetual license to use IP created by RBI for your own internal business purposes.
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 or to the extent necessary to obtain professional advice, and/or to provide the Services.
5.1 Regardless of any Services provided by RBI, you remain liable for your own legal and accounting compliance.
5.2 To the maximum extent permitted by s64 of the Australian Consumer Law, you agree to RBI 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 RBI’s aggregate liability to you exceed the fees paid by you to RBI.
6. Independent Contractor
RBI is an independent contractor. RBI representatives are not your employees and RBI 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 RBI, you must pay RBI for all Services and reasonable costs and expenses incurred up to the date of termination.
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. Access to Information
You must provide access to all relevant records, information and key personnel. Failure to do this may result in incorrect advice and/or diminish the value of the Services provided.