Engagement Terms & Conditions
These engagement terms and conditions apply to your engagement with Real Reach Pty Ltd (#RealReach) for any services undertaken for you and/or your associated entities.
NATURE & LIMITATIONS
Provision of information
The success of the services is dependent on your timely co-operation, including:
(a) providing the materials and information we reasonably require from time to time for the services
(b) cooperation from your employees, consultants and advisors
(c) making decisions promptly, to facilitate the performance of the services.
Scope of our services
Our services will be limited to the online provision of training and coaching services. Any request for services outside of the scope will incur further fees and expenses.
Responsibility for information
Any reports issued or conclusions reached by us shall be based upon information provided by you and on your behalf and we shall not be verifying its accuracy (unless we have expressly agreed or are required at law to do so).
Accordingly, we assume no responsibility and make no representation with respect to the accuracy or completeness of any information or material provided by you or on your behalf. To the extent that any such information is inaccurate or incomplete, this could have a material effect upon the conclusions in our report.
Procedures & opinion
Our procedures use expertise to collect, classify and summarise financial and other information, which you provide, into generalized recommendations only. Our procedures will not include verification or validation procedures. No audit or review will be performed on the accounts or other procedures or information in your business, and accordingly no assurance will be expressed.
FEES & SERVICES
Our fees will be charged on the basis set out on our public website.
Our fees will be subject to GST except where supplies made are GST free (e.g exported services).
Payment of our fees
Membership and/or Subscription fees will be paid on a recurring arrangement from your nominated credit card on the monthly anniversary of your joining #RealReach (for monthly memberships), and the annual anniversary of your joining #RealReach (for annual memberships).
A discount is provided for annual membership subscriptions, which are paid in full in advance. As such, should you wish to end or suspend your annual membership during the year no pro rata refunds will be available. The #RealReach team are provided with discretion in this regard for the period of 2 weeks after your annual payment has been made.
Default in payment
- Default in any payment;
- breach any terms contained herein;
- commit any act of bankruptcy or go into bankruptcy;
- are insolvent, or are likely to become insolvent, within the meaning of the Corporations Act 2001 (Cth);
- have an administrator, liquidator or provisional liquidator, receiver and manager, or controller appointed over your company;
- are subject to a winding up application under the Corporations Act 2001 (Cth);or
- have a judgment awarded against you by any court or tribunal;
then we may terminate this Agreement and your Membership. All Tax Invoices and other monies owing to us become immediately due and payable.
In the event of default we may, at our discretion:
- elect to apply an interest charge against the your account at the rate of 5% of the outstanding monies per month or part thereof;
- charge an administration fee each month, or portion thereof, that an amount owing by you is overdue;
- commence proceedings against you or enforce any personal guarantee;
- call and act upon any security interest that we are entitled to enforce;
- recover against the you all moneys that are owed to us including incidental costs that are incurred in relation to the your default;
- list the default in payment with the appropriate credit reporting agency; and
- perform any other action that the we deem appropriate to enforce this Agreement and recovery monies owed
Confidentiality & discretion
Neither #RealReach nor you will disclose confidential information without the other party's consent unless otherwise required to do so by law or as described below. Confidential information includes but is not limited to any proposal or tender document, information, trade secrets, methodologies, videos, audio recordings or documents that are not in the public domain. Exceptions to these are disclosures to legal advisors, disclosures required by law and disclosures necessary for the proper performance of the services and as set out in these terms and conditions.
#RealReach may utilise third parties in a number of circumstances to provide services to you in respect of your membership, which may in turn require the disclosure of your information. These may include but are not limited to the following:
- Members of the businessDEPOT group, which will at times perform work that requires a financial services licence under the Corporations Act.
- Outsourced contractors, which may include both Australian and Overseas contractors. These services may include taxation services, bookkeeping, accounting, coaching, training and other administrative functions required to be undertaken in relation to your engagement.
Acceptance of our services in conjunction with this engagement document indicates your acceptance of the use of these third parties for services as described and the provision of your information where required to facilitate those services. Where the outsourced service requires the disclosure of personal information to an overseas recipient a consequence of your consent is that #RealReach will be required to take reasonable steps to ensure that the Australian Privacy Principles are complied with by the overseas recipients of the Personal Information.
We may collect Personal Information about you, your representatives, your clients and others when we provide services to you. If we do, you agree to work with us to ensure that we both meet the obligations that we each may have under the Privacy Act 1988 (Cth) (as amended) (Privacy Act). The obligations may include notifying the relevant person to whom the personal information relates who we are and how we propose to use their personal information. Where you have collected personal information, you confirm that you have collected the personal information in accordance with the Privacy Act, that you are entitled to provide this personal information to us and that we may use and disclose the personal information for the purpose/s we provide our services to you. We will handle personal information in accordance with the Privacy Act.
You hereby authorise our business to collect, retain, record, use and disclose personal information about you, in accordance with the Privacy Act 1988, to persons and/or legal entities who are a Solicitor or any other professional consultant engaged by our firm, a debt collector, credit reference organisation and/or any other individual or organisation which maintains credit references and/or default listings.
You also authorise our firm to make enquiries with respect to your credit worthiness; to exchange information with other credit providers in respect to previous defaults and to notify other credit providers of a default by you.
Unless a retainer arrangement has been agreed between the parties, either party may terminate the engagement if the other party fails to remedy a material breach of the terms and conditions within 30 days of written notice of a breach. If the contract is terminated prior to the completion of the engagement, #RealReach shall be entitled to be paid for work that has been completed or costs incurred based on the standard hourly rates for the work completed to date.
On payment of all outstanding fees in full including those raised at termination of the engagement then all documents of yours held by us will be returned. If a retainer arrangement has been entered into, the arrangement cannot be cancelled for the expiration of the period agreed as part of the retainer arrangement.
LIMITATION OF LIABILITY
Skill and care
#RealReach will use reasonable skill and care in the provision of the services. To the extent permitted by law, #RealReach excludes all warranties, conditions or terms, other than those expressly set out in these terms and conditions including, but not limited to, all warranties, conditions or terms implied in fact or by law. Nothing in this clause has the effect of excluding, restricting or modifying any non-excludable statutory condition, warranty, guarantee, right, remedy or other benefit that is preserved by the Trade Practices Act 1974 (Cth) (or any other Act).
Limitation of remedy
In all instances, other than as expressly set out in these terms and conditions, the total aggregate liability of #RealReach to the client for loss or damage (including indirect and consequential loss or damage), caused by, resulting from, or in relation to the services, including whether arising from breach of contract, negligence, or any other tort, in equity or otherwise, and whether or not #RealReach was advised of the possibility of such loss or damage, is limited (to the extent permitted by law) to an amount equal to the fees paid by the client to #RealReach in respect of the services or the most recent annual or monthly fee paid by you to #RealReach, whichever is the lesser.
GOVERNING LAW & DISPUTES
This contract shall be governed by and interpreted in accordance with the laws of the State of Queensland and the Courts of that State have exclusive jurisdiction in relation to any claim, dispute or difference concerning the contract and any matter arising from it. The parties irrevocably waive any right they may have to object to any action being brought in those Courts, to claim that the action has been brought to an inconvenient forum or to claim that those Courts do not have jurisdiction.