SVB Group Consulting terms and conditions:
1. We shall maintain the confidentiality of all your confidential information disclosed to us in the course of providing the services; you shall maintain the confidentiality of proprietary procedures and methodology and will not use it without our explicit permission. The contents of all documents that include steps, workflow or any proprietary information, its receipt initiates your confidentiality obligations.
2. We shall not be responsible or liable for any loss or damage suffered by you as a result of any error in such predictions or data;
3. All rights (including copyright) and other project documentation including the format of our reports and our trademarks remain our property and may not be published, quoted or reproduced without our prior written permission;
4. All fees are quoted in Australian dollars & are exclusive of all applicable taxes which will be charged at the rate prevailing at the time of invoice;
5. The fees quoted are for the service specifications as set out in the quote (“Included in Fees”); any changes made at your request may result in us offering a revised quotation for your approval; provision of a changed schedule of services is subject to approval of the revised quotation;
6. For all fixed fee based work, 25% of the fees will be invoiced upon written approval from you to proceed; All invoices become due within 15 days of date of issue;
7. Visualisation tasks can be subjective as it involves a wide range of variables. SVB Group is not expecting changes to the way the information is presented, however variations if any is outside the scope of the proposal and will be charged separately.
8. The project costs are based on our understanding of the scope based on briefing. Any change of scope and addition of work will require a variation.
9. In the event of cancellation or postponement of the project once commissioned, we may charge a fee to cover all proposal & preparatory, and project work undertaken and commitments made up to the date of receipt of your formal written notification;
10. You shall indemnify us and our affiliates against all costs and liabilities incurred by us and our affiliates in providing the services in consequence of: you providing any information for our lawful use; or our following any of your instructions; or our use or
demonstration of any of your goods or services; or your use of the deliverables or any tools or software provided in connection with the services other than in accordance with these terms.
11. To the extent capable of exclusion under applicable law, neither party shall be liable to the other, howsoever arising, for any indirect, incidental, special, consequential, punitive, exemplary or other similar damages of the other party or for the other party’s loss of profits, loss of revenues, loss of business opportunity, reputation or goodwill, in connection with any agreement to which these terms relate;
12. Our maximum liability shall be limited to the total consideration received by us for the services to which such liability relates;
13. We make no warranty that the services will be uninterrupted or error free.
14. We may choose to use subcontractors to assist with any part of the work.
15. Neither party shall be held liable to the other for delays or other failure to perform its obligations occasioned by factors outside its control including, by way of example only, fire or accident, terrorism, adverse weather conditions etc.
16. These terms together with the relevant quote shall constitute the contract between you and us. No amendment shall be deemed to have been made to the contract unless made in writing by the party requesting the amendment and subsequently confirmed in writing by the other party.
17. This Agreement shall be governed by and construed in accordance with the laws of Australia. Each party agrees to submit to the non-exclusive jurisdiction of the courts of Australia as regards any claim or matter arising under in relation to services;
18. Quotes provided and any work undertaken by us is subject to these terms of business notwithstanding you proposing, and us accepting, any other terms or conditions or the purported application of any other terms and conditions. In the case of any inconsistency or conflict with such other terms and conditions, these terms and conditions shall take precedence over such other terms and conditions except to the extent we enter into an agreement in writing signed by both parties containing such inconsistent or conflicting terms.