Terms of Service

Last updated: 1 January 2025 · IMTS Machinery Group Pty Ltd (ABN 72 703 621 158) · Melbourne VIC

1. About these terms

These Terms of Service (“Terms”) govern the provision of professional business and consulting services by IMTS Machinery Group Pty Ltd (ABN 72 703 621 158) of Melbourne VIC (“we”, “us” or “our”) to you, the client (“you”). By engaging our services, requesting a quote, or accepting a written engagement, you agree to be bound by these Terms. If you do not agree with these Terms, please do not engage our services.

2. Our services

We provide professional business and consulting services, including advisory, planning, operational review, documentation support and related consulting work. The specific scope, deliverables, timelines and fees for each engagement will be set out in a written proposal, quote or engagement letter agreed between you and us. Any work outside the agreed scope may require a variation and additional fees, which will be agreed with you in writing before that work commences.

3. Quotes and engagements

• Quotes provided by us are valid for 30 days from the date of issue unless otherwise stated in writing.
• A quote is an estimate based on the information available at the time it is prepared. If the scope of work changes, we may need to revise the quote.
• An engagement commences only when you accept our quote in writing (including by email) or we issue a written engagement letter that you sign.
• Estimated timeframes are provided in good faith but are not guarantees. We will notify you promptly of any material change to an agreed schedule.

4. Fees, invoicing and payment

• Fees are set out in your quote or engagement letter and are quoted in Australian dollars (AUD). GST is payable in addition where applicable and will be itemised on our tax invoices.
• Invoices are issued in accordance with the payment schedule in your engagement letter. Unless otherwise agreed in writing, invoices are payable within 14 days of the date of the invoice.
• If you dispute any part of an invoice, you must notify us in writing within 7 days of receipt, and you must pay the undisputed portion by the due date.
• Overdue amounts may, at our discretion, attract interest at a rate of 2% per month on the outstanding balance, and we may suspend services until overdue amounts are paid.
• You are responsible for any reasonable costs we incur in recovering overdue amounts, where permitted by law.

5. Your obligations

To enable us to deliver our services effectively, you agree to:

• provide accurate, complete and timely information and documents reasonably required for the engagement;
• promptly respond to our requests and provide a point of contact authorised to make decisions;
• ensure that any information you provide does not infringe the rights of any third party and complies with applicable Australian laws;
• notify us as soon as practicable if any assumption on which our quote or advice was based changes materially.

Delays caused by a failure to meet these obligations may affect timelines and, where applicable, fees.

6. Intellectual property

All pre-existing intellectual property brought to an engagement by either party remains the property of that party. Upon full payment of all fees due, you receive a non-exclusive, non-transferable licence to use the deliverables prepared specifically for you for your internal business purposes. We retain the right to use our general know-how, methodologies, frameworks and templates developed during the engagement, and to reuse general (non-confidential) knowledge gained in the course of providing services to you. You must not resell, distribute or publish our deliverables without our prior written consent.

7. Confidentiality

Each party must keep confidential all non-public information obtained from the other party in connection with an engagement, and use it only for the purposes of that engagement. This obligation does not apply to information that is or becomes public through no breach, is independently developed, is required to be disclosed by law or by a regulator, or was lawfully known to the recipient before disclosure. This obligation survives the completion or termination of an engagement.

8. Limitation of liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss, loss of profit, loss of revenue, or loss of business opportunity arising from or in connection with our services. Where liability cannot be excluded, our total aggregate liability for any claim arising from an engagement is limited to the fees paid by you for the specific services giving rise to the claim. Nothing in this clause applies to liability that cannot lawfully be limited or excluded.

9. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot lawfully be excluded, restricted or modified. Where the Australian Consumer Law applies and we are deemed a supplier of services to a consumer, our services come with guarantees that cannot be excluded under the Australian Consumer Law. If our services fail to meet a applicable consumer guarantee, you may be entitled to remedies such as resupply of the services or payment of the cost of having the services supplied again, as permitted by law.

10. Termination

• Either party may terminate an engagement by giving at least 14 days’ written notice to the other party.
• Either party may terminate an engagement immediately by written notice if the other party commits a material breach that is not remedied within 14 days of written notice, or becomes insolvent, enters liquidation, or has a receiver or administrator appointed.
• Upon termination, you must pay all fees for services performed and expenses reasonably incurred up to the date of termination. Sections 6, 7, 8, 9 and 12 survive termination.

11. Privacy

We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. By engaging our services, you consent to the collection, use and disclosure of personal information as described in that policy, including where reasonably required to deliver the engagement.

12. Governing law and disputes

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 Commonwealth of Australia. Before commencing legal proceedings, the parties agree to attempt in good faith to resolve any dispute by direct negotiation, and, if unresolved within 30 days, by mediation administered by a mutually agreed practitioner in Melbourne VIC, before resorting to litigation, except where urgent injunctive relief is required.

13. Amendments to these terms

We may update these Terms from time to time. The current version will always be published on this page with the date of the last update shown above. Where an engagement is already in progress, the version of the Terms in effect at the date of that engagement will continue to apply to that engagement unless you agree otherwise in writing.

14. General

• These Terms, together with your quote or engagement letter, form the entire agreement between the parties in respect of the engagement, superseding any prior discussions or representations.
• If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force.
• Our failure to enforce any right under these Terms is not a waiver of that right.
• You may not assign or transfer your rights under an engagement without our prior written consent.

15. Contact us

If you have any questions about these Terms, or you wish to request a variation or a copy of these Terms in an alternative format, please contact us:

IMTS Machinery Group Pty Ltd (ABN 72 703 621 158)
Melbourne VIC, Australia
Email: ceo@imtsmachinerygroup.online
Website: https://imtsmachinerygroup.online