These Terms of Service (“Terms”) govern your access to and use of the website at acoufin.online and any professional business and consulting services supplied by Acoufin Pty Ltd (ABN 99 703 374 672) of Melbourne VIC, Australia (“Acoufin”, “we”, “us” or “our”). 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.
1. About Acoufin
Acoufin Pty Ltd is an Australian proprietary limited company providing professional business and consulting services, including business advisory, strategy, operational review, process improvement and related consulting engagements. We operate from Melbourne VIC and serve clients across Australia.
2. Engagement and Proposals
- Services are provided under an engagement letter, proposal or statement of work agreed between you and Acoufin, which together with these Terms forms the agreement between the parties.
- Any quote provided by Acoufin is valid for 30 days from the date of issue unless otherwise stated in writing.
- Scope, deliverables, timelines and fees are as set out in the applicable engagement document. Work outside the agreed scope may require a written variation.
- You agree to provide accurate, complete and timely information and reasonable cooperation reasonably necessary for us to perform the services.
3. Fees, Invoicing and Payment
- Fees are payable in Australian dollars (AUD) and are exclusive of GST unless stated otherwise. GST is added where applicable in accordance with A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Invoices are payable within 14 days of the date of invoice unless the engagement document specifies another term.
- Where we incur approved third-party expenses (such as travel, software or specialist research) on your behalf, these may be re-billed at cost with supporting documentation.
- If an invoice remains unpaid beyond the agreed terms, we may suspend services and, where permitted by law, charge interest on overdue amounts.
4. Consumer Guarantees Under Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable legislation that cannot lawfully be excluded.
If Acoufin supplies services to you as a “consumer” within the meaning of the Australian Consumer Law, our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with any service, you are entitled to cancel your service contract with us and to a refund of the price paid, or compensation for its reduced value. For a minor failure, we may, at our discretion, rectify the failure within a reasonable time.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage caused by our failure to use due care and skill.
5. Limitation of Liability
To the fullest extent permitted by law, and except for liability that cannot be excluded under the Australian Consumer Law:
- Acoufin is not liable for indirect, incidental, special or consequential loss, loss of profits, loss of revenue, loss of anticipated savings or loss of data arising from the services or your use of this website.
- Our total aggregate liability arising out of or in connection with a particular engagement is limited, at our option, to the resupply of the relevant services or the payment of the cost of having the services resupplied.
- Advice and deliverables are prepared for the specific engagement and the party named in the engagement document. We accept no duty of care to third parties who rely on them without our prior written consent.
6. Professional Advice Disclaimer
Our business and consulting services are advisory in nature. They do not constitute legal, financial, taxation or investment advice, and you should obtain independent specialist advice where appropriate. Decisions you make based on our services remain your responsibility.
7. Intellectual Property
- All content on this website, including text, graphics, logos and layout, is owned by or licensed to Acoufin and protected by Australian and international copyright law. You may not reproduce, distribute or modify website content without our prior written permission.
- On full payment of the relevant fees, you own the final deliverables prepared specifically for you under an engagement. We retain ownership of our pre-existing methodologies, frameworks, templates and know-how, together with a continuing right to use them.
- You confirm that materials you provide to us do not infringe the intellectual property or other rights of any third party.
8. Confidentiality
Both parties must keep confidential all non-public information disclosed by the other party in connection with an engagement, and use it only for the purposes of the engagement. This obligation does not apply to information that is public, already lawfully known to the recipient, independently developed, or required to be disclosed by law or a regulator.
9. Privacy
We handle personal information in accordance with the Australian Privacy Principles and our Privacy Policy. Our Privacy Policy forms part of these Terms.
10. Website Use
- You must not use this website in any way that breaches applicable laws, infringes anyone’s rights, or interferes with the website’s operation or security.
- Content on this website is general information only and does not constitute an offer or a binding commitment to provide services on any particular terms.
- Links to third-party websites are provided for convenience only. We do not endorse and are not responsible for the content or practices of third-party sites.
- We do not guarantee that the website will be uninterrupted, error-free or free of harmful code, and we may update, suspend or discontinue any part of the website at any time.
11. Suspension and Termination
- Either party may terminate an engagement in accordance with the notice provisions of the applicable engagement document.
- We may suspend or terminate access to the website immediately if we reasonably believe you have breached these Terms.
- On termination of an engagement, you remain liable for fees for services performed and approved expenses incurred up to the date of termination.
12. Force Majeure
Neither party is liable for delays or failures in performance caused by events beyond its reasonable control, including natural disasters, industrial action, government restrictions, utilities failure or other force majeure events. The affected party must notify the other party promptly and use reasonable endeavours to mitigate the impact.
13. Dispute Resolution
If a dispute arises in connection with these Terms or an engagement, the parties agree to first attempt to resolve the dispute in good faith through direct negotiation. If the dispute is not resolved within 30 days, the parties may agree in writing to mediation before commencing court proceedings, except where urgent injunctive relief is required.
14. Governing Law
These Terms are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from those courts.
15. Changes to These Terms
We may update these Terms from time to time. The current version published on this website applies to your use of the website and, unless otherwise agreed in an engagement document, to services engaged after the updated version is published. Continued use of the website after changes are published constitutes acceptance of the updated Terms.
16. Severability
If any provision of these Terms is held to be invalid or unenforceable, that provision is severed and the remaining provisions continue in full force.
17. Contact Us
Questions, notices or complaints regarding these Terms or our services may be sent to:
Acoufin Pty Ltd
ABN 99 703 374 672
Melbourne VIC, Australia
Email: ceo@acoufin.online
We aim to acknowledge written correspondence within two business days.