Terms of Service

1. About these terms

These Terms of Service govern the provision of professional business and consulting services by 4/41 Rose Pty Ltd (ABN 90 702 219 118) (“we”, “us”, “our”) to you, the client. By engaging our services, accepting a written proposal, or using this website, you agree to be bound by these terms. If there is any conflict between these terms and a signed engagement agreement, the signed engagement agreement will prevail to the extent of the inconsistency.

2. Our services

We provide professional business and consulting services from our base in Melbourne VIC, including advisory, planning, analysis and related support services. The specific scope, deliverables, timelines and fees for each engagement will be set out in a written proposal or engagement letter provided to you before work commences.

3. Quotes and engagement

Quotes provided by us are valid for 30 days unless otherwise stated in writing. A quote is an estimate of fees based on the scope and information available at the time. If the scope changes, or if additional work is requested, we will provide a revised quote or written variation before proceeding. An engagement begins only once you have accepted our proposal or quote in writing (including by email).

4. Fees, invoicing and payment

Fees are payable in Australian dollars and are invoiced in accordance with the payment schedule set out in the engagement letter or proposal. Unless otherwise agreed in writing, invoices are payable within 14 days of the invoice date. Late payments may attract interest at the rate specified in the invoice or, if none is specified, at a rate we reasonably determine in accordance with commercial practice. You are responsible for any costs we reasonably incur in recovering overdue amounts.

5. Your responsibilities

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

• Provide accurate, complete and timely information and documentation reasonably required by us;
• Respond to our requests within a reasonable timeframe;
• Advise us promptly of any change that may affect the scope or delivery of the services; and
• Ensure any information you provide to us does not infringe the rights of any third party.

6. Confidentiality and privacy

We treat your information as confidential and will not disclose it to third parties except as required to deliver the services, with your consent, or as required by law. Our handling of personal information is described in our Privacy Policy, which forms part of these terms.

7. Intellectual property

All pre-existing intellectual property, including our methodologies, templates and tools, remains our property. Upon full payment of our fees, you may use the deliverables prepared for you for your internal business purposes. We may reference our work with you in general terms for marketing purposes only with your prior written consent.

8. Liability

Our services are provided with due care and skill. To the maximum extent permitted by law, our liability arising from the services is limited to the fees paid by you for the relevant engagement, and we exclude liability for indirect or consequential loss, including loss of profit or business opportunity. Nothing in these terms excludes, restricts or modifies any rights you have under the Australian Consumer Law or any other applicable legislation that cannot be excluded.

9. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures, you are entitled to cancel the engagement and receive a refund for the portion of fees attributable to services not yet delivered. For other failures, we may, at our option, re-perform the relevant services or provide a refund of fees paid for those services.

10. Termination

Either party may terminate an engagement by giving 14 days' written notice, or immediately if the other party commits a material breach that is not remedied within 14 days of written notice. On termination, you agree to pay all fees for services performed up to the termination date, and we will return your documents where reasonably practicable.

11. Website use

Content on this website is provided for general information only and does not constitute professional advice. You should obtain advice specific to your circumstances before acting on any information contained here. You may not reproduce, republish or commercially exploit any part of this website without our written permission.

12. 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.

13. Contact

Questions about these terms may be directed to ceo@441rose.online. Postal enquiries can be sent to our Melbourne VIC office.