These terms of business (‘Terms’) apply in respect of the services (“Services”) to be performed by us (“Davis Bibby & Co” or “we”) for the client named on the proposal (“Client” or ‘you”), both collectively referred to as the ‘parties’, and any subsequent proposal to which these Terms apply. These Terms form the Contact (“Contract”) between the parties for the Services. Engaging Davis Bibby & Co to provide the Services confirms your acceptance of this Contract.
Services
Davis Bibby & Co will provide Services described in the ‘Proposal Letter’.
Changes to Services
Either party may request changes to the Services. Both parties agree to work together to enable to assess the impact of requested changes on the cost, timing and other aspects of the Services.
Provision of Information
You agree to provide all information and documents required to enable Davis Bibby & Co to provide the Services in a timely manner. Davis Bibby & Co will not independently verify the accuracy of the information and documents provided by you and will not be liable for any loss or damage arising from inaccuracies or defects in information or documents supplied by you.
Payment of Invoices
Davis Bibby & Co’s will issue invoices from the commencement date according to the schedule set out in the proposal. The Client is required to pay the invoices within 7 days of issue. Davis Bibby & Co retains the right to charge interest on overdue invoices at a rate of 12% p.a calculated daily.
GST
Davis Bibby & Co’s charges referred to in the Contract are exclusive of GST, unless stated otherwise.
Term and Termination
This Contract will apply from the date that you accept our ‘Proposal Letter’. That date will be the “Commencement Date”. The Contract will continue until it is terminated in writing by either party on in accordance with the terms set out below.
The Contract may be terminated by either party by providing written notice. If the Contact is terminated prior to completion of the Services, Davis Bibby & Co will be entitled to be paid for work that has been carried out or for where expenses have been incurred up to the date of termination.
Confidential Information and Privacy
We understand the importance of protecting the privacy of your personal information. In handling personal information, we comply with the Privacy Act 1988 (Cth). Davis Bibby & Co agree that any information received during the provision of Services which concerns the personal, financial or other affairs of the Client will be treated in full confidence and will not be disclosed to others parties.
Both parties agree to take reasonable steps to maintain (within the respective organisations) the confidentiality of any proprietary or confidential information of the other. Davis Bibby & Co’s privacy policy can be provided to you upon request. If you wish to provide third parties with copies of Davis Bibby & Co reports, letters, information or advice, you must first obtain the written permission of Davis Bibby & Co to disclose the document(s) or information.
Intellectual Property Rights
All Intellectual Property and related material that is developed or produced under this Contract by Davis Bibby & Co remains the property of Davis Bibby & Co. The Client is granted a non-exclusive limited use license of this Intellectual Property.
Independent Contractor
Davis Bibby & Co will provide the Services as an independent contractor. Nothing in the Contract shall be construed to create a partnership, joint venture or other relationship between the parties.
Health and Safety
Davis Bibby & Co comply with the provisions of relevant work, health and safety legislations (WHS Laws) by taking all practical steps to ensure the work, health and safety of our employees. The Client is responsible for ensuring the WHS of our employees when our employees visit Client sites.