1. About these terms
QA Fishing Pty Ltd (ABN 77 703 355 506) trading from Melbourne VIC provides professional business and consulting services to clients across Australia. These Terms of Service form the basis of our relationship with you, whether you engage us directly, request a quote through our website, or otherwise use qafishing.online. By engaging our services or using this website, you agree to these terms. If you do not agree, please do not use the website or engage our services.
2. Our services
Our current range of professional business and consulting services is described on our Services page. The specific scope, deliverables, timelines and fees applicable to your engagement will be set out in a written quote or proposal provided by us. Where a signed engagement document or written confirmation exists, its terms apply alongside these Terms of Service. If there is any inconsistency, the engagement document prevails to the extent of the inconsistency.
3. Quotes and engagement
Quotes may be requested via our Quote page. Unless otherwise stated in writing, a quote provided by us is valid for thirty (30) days from the date of issue and is based on the information you supply at the time. An engagement commences only when you accept a quote in writing (including by email) and any deposit or upfront payment we specify has been received. We are not obliged to commence work until these conditions are met.
4. Fees, invoicing and payment
Fees are stated in Australian dollars and are exclusive of GST unless expressly stated otherwise. GST is payable in addition where applicable under A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Invoices are payable within fourteen (14) days of the invoice date unless your engagement document states another period.
- We may require a deposit or progress payments for larger engagements, as set out in the relevant quote.
- If an invoice remains unpaid beyond its due date, we may suspend work, charge interest on overdue amounts at a reasonable rate, or recover reasonable costs of collection.
- Disbursements and third-party costs incurred with your prior approval are payable in addition to our fees.
5. Australian Consumer Law
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified by agreement. Our services come with guarantees under the Australian Consumer Law that cannot be excluded. Where the Australian Consumer Law applies and we are deemed a supplier of services to you, our liability for failure to comply with a consumer guarantee is limited, to the extent permitted by law, to the supplying of the services again or the payment of the cost of having the services supplied again.
6. Your responsibilities
To enable us to deliver our services effectively, you agree to:
- provide accurate, complete and timely information, records and access as reasonably required;
- respond to requests for feedback, approvals and decisions within reasonable timeframes;
- ensure that any information or materials you supply to us do not infringe the rights of any third party; and
- comply with all laws applicable to your business and your use of our deliverables.
We are not responsible for delays or deficiencies caused by your failure to meet these responsibilities, and additional costs arising from such delays may be charged in accordance with your quote.
7. Deliverables, revisions and acceptance
Unless your engagement document states otherwise, each deliverable includes one round of reasonable revisions requested within fourteen (14) days of delivery. Additional revisions, or changes to the agreed scope, may be quoted separately. Deliverables are deemed accepted if you do not raise written issues within that period or if you put the deliverables into use, whichever occurs first.
8. Intellectual property
Upon full payment of our fees, you own the final deliverables created specifically for you under the engagement, excluding our pre-existing tools, frameworks, templates and know-how, which we retain and which we licence to you for use within those deliverables. We retain ownership of all intellectual property we bring to the engagement. We may reuse general skills, knowledge and experience gained in performing the services. Until full payment, all deliverables remain our property and licences to you are suspended.
9. Confidentiality
Each party must keep confidential all non-public information received from the other party in connection with an engagement, and use it only for the purpose of the engagement. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law or a regulator, provided reasonable notice is given where lawful. This obligation survives termination of an engagement.
10. Limitation of liability
To the maximum extent permitted by law, and except for liability under a consumer guarantee that cannot be excluded, we are not liable to you for indirect, special, incidental or consequential loss, loss of profit, loss of revenue, or loss of business opportunity, however caused, arising out of or in connection with our services or your use of this website. Our total aggregate liability arising out of an engagement is limited to the fees you actually paid to us for that engagement. This clause does not apply to liability that cannot lawfully be limited.
11. Suspension and termination
Either party may terminate an engagement by giving fourteen (14) days written notice, or immediately if the other party commits a material breach that is not remedied within seven (7) days of written notice, becomes insolvent, or engages in conduct that makes continuation impracticable. On termination, you must pay for all services performed and approved costs incurred up to the date of termination, and we will hand over paid-for deliverables where practicable.
12. Privacy
We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). By providing personal information to us, you consent to our collection, use and disclosure of that information for the purposes described in the Privacy Policy.
13. Website content
Content on this website is general information about our business and services and does not constitute professional advice tailored to your circumstances. You should obtain our formal written advice or engage us before relying on anything published here. We do not guarantee that the website will be available uninterrupted or error-free, and we may update, suspend or discontinue any part of the website at any time.
14. External links
This website may contain links to third-party websites. Those links are provided for convenience only and do not imply endorsement. We are not responsible for the content, policies or practices of third-party websites.
15. 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 the date of the latest revision shown above. Material changes affecting an existing engagement will be communicated to you before they take effect. Your continued use of the website after publication constitutes acceptance of the updated terms.
16. Governing law
These terms and any engagement with us are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia. Nothing in this clause prevents either party from seeking relief in any court of competent jurisdiction.
17. Contact us
If you have any questions about these Terms of Service, or if you wish to exercise any rights under them, please contact us by email at ceo@qafishing.online or through our Contact page. QA Fishing Pty Ltd, ABN 77 703 355 506, Melbourne VIC.
