Terms of Service
The terms and conditions governing the provision of professional business and consulting services by JMKS Gill Pty Ltd.
1. Agreement to These Terms
By engaging JMKS Gill Pty Ltd (ABN ) for professional business and consulting services, or by using the website located at https://jmksgillau.space, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, please do not engage our services or use this website.
2. About Us
JMKS Gill Pty Ltd is an Australian company registered under ABN , providing professional business and consulting services from Melbourne VIC, Australia. Our contact email is ceo@jmksgillau.space.
3. Scope of Services
The specific scope, deliverables, timelines and fees for any engagement will be set out in a written proposal, engagement letter or statement of work agreed between you and JMKS Gill Pty Ltd prior to commencement. In the event of any inconsistency between these Terms and an agreed engagement document, the engagement document will prevail to the extent of the inconsistency.
4. Quotes and Fees
All quotes provided by JMKS Gill Pty Ltd are valid for thirty (30) days from the date of issue unless otherwise stated in writing. Fees are payable in Australian dollars and are exclusive of GST unless expressly stated otherwise. Invoices are payable within fourteen (14) days of issue unless alternative payment terms are agreed in writing. Late payments may attract interest and recovery costs as permitted by law.
5. Client Responsibilities
You agree to provide accurate, complete and timely information, documentation and access reasonably required for us to perform the services. You are responsible for the accuracy of any information you supply, and we are entitled to rely on that information when delivering our services.
6. Professional Advice Disclaimer
The services and any materials provided by JMKS Gill Pty Ltd are prepared for your specific circumstances and stated purposes only. They do not constitute legal, financial, taxation or investment advice unless expressly agreed in writing. You should seek independent specialist advice where appropriate before acting on any recommendations we provide.
7. Intellectual Property
All pre-existing intellectual property of JMKS Gill Pty Ltd, including methodologies, frameworks, templates and tools, remains our property. Upon full payment of our fees, you receive a perpetual, non-exclusive licence to use the deliverables prepared specifically for you for your internal business purposes. You retain ownership of materials you supply to us.
8. Confidentiality
Both parties agree to keep confidential all non-public information disclosed by the other party in connection with an engagement, and to use such information only for the purpose of performing the services. This obligation survives the completion or termination of any engagement.
9. Limitation of Liability
To the maximum extent permitted by law, JMKS Gill Pty Ltd's total liability arising out of or in connection with the services is limited to the fees paid by you for the specific services giving rise to the claim. We are not liable for any indirect, consequential or incidental loss, including loss of profits, revenue or business opportunity. Nothing in these terms excludes, restricts or modifies any right or remedy you may have under the Australian Consumer Law or other legislation that cannot lawfully be excluded.
10. Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For services, we guarantee they will be provided with due care and skill and will be reasonably fit for purpose. Where a guarantee is breached and the breach is not a major failure, we may remedy the breach within a reasonable time. You may be entitled to a refund or replacement for a major failure, or to compensation for any other reasonably foreseeable loss or damage.
11. Privacy
We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).
12. Suspension and Termination
Either party may terminate an engagement with fourteen (14) days written notice, or immediately if the other party commits a material breach that is not remedied within ten (10) business days of written notice. You remain liable for fees for services performed and expenses incurred up to the date of termination.
13. Force Majeure
We are not liable for delays or failure to perform our obligations caused by events beyond our reasonable control, including natural disasters, pandemics, industrial action, cyber incidents or changes in law.
14. Website Content
Content on this website is provided for general information only and does not constitute an offer or professional advice. We may update, modify or remove content on this website at any time without notice.
15. Governing Law
These Terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.
16. Contact
Questions about these Terms of Service may be directed to ceo@jmksgillau.space.