Terms of Service
These Terms of Service govern your engagement of Imagine Impact Pty Ltd (ABN 59 703 389 904) and apply to all professional business and consulting services we provide. By requesting a quote, engaging our services, or using this website, you agree to be bound by these Terms.
1. About these Terms
Imagine Impact Pty Ltd (ABN 59 703 389 904) is an Australian proprietary limited company providing professional business and consulting services from Melbourne, Victoria. References in these Terms to "we", "us" or "our" mean Imagine Impact Pty Ltd. References to "you" or "your" mean the individual, business or organisation engaging our services.
These Terms, together with any written quote, proposal or engagement letter we issue, form the agreement between you and us. Where a signed engagement letter or accepted quote contains terms that conflict with these Terms, the terms of that document prevail to the extent of the conflict for that engagement.
2. Our Services
We provide professional business and consulting services, which may include business strategy and planning, operational review and improvement, advisory support, and related consulting work. The specific services to be provided, deliverables, timelines and fees for each engagement will be set out in a written quote or proposal provided to you.
Any indicative timeframes, outcomes or examples presented on this website or in discussions are provided for general guidance only and do not form binding commitments unless expressly included in an accepted quote or engagement letter.
3. Quotes and Engagements
Quotes provided by us are valid for the period stated on the quote, or if no period is stated, for thirty (30) days from the date of issue. A quote may be withdrawn at any time before acceptance.
An engagement commences when you accept a quote in writing (including by email) or, where applicable, sign an engagement letter. Work outside the scope of an accepted quote will only be undertaken after the parties agree in writing on the scope, fees and timeline for that additional work.
To request a quote, please use our quote request page or contact us at ceo@imagineimpact.online.
4. Fees and Payment
All fees are quoted in Australian dollars (AUD) and, unless expressly stated otherwise, are exclusive of Goods and Services Tax (GST), which will be added where applicable in accordance with A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Payment terms will be set out in the applicable quote or engagement letter. Unless otherwise agreed in writing, invoices are payable within fourteen (14) days of the invoice date. We may suspend services, and/or charge interest on overdue amounts at a reasonable rate, where invoices remain unpaid after the due date, acting reasonably and giving you written notice first.
Where an engagement involves third-party costs (such as software licences, research subscriptions or subcontracted specialist work), those costs will either be included in the quoted fee or identified separately, and will only be incurred with your prior approval.
5. Your Responsibilities
You agree to:
- provide accurate, complete and timely information and access reasonably required for us to perform the services;
- ensure you hold all rights, permissions and approvals necessary for us to use any materials or data you supply to us;
- comply with all applicable laws and regulations in connection with the engagement;
- promptly review and, where relevant, provide feedback on deliverables so that engagement timelines can be met; and
- use deliverables and advice provided by us only for the purposes for which they were prepared.
We are not responsible for delays or additional costs arising from information or access you fail to provide, or from changes you request to the agreed scope.
6. Intellectual Property
All intellectual property rights existing prior to an engagement, or developed independently of it, remain the property of the existing owner. Unless otherwise agreed in writing, upon full payment of all relevant invoices, you are granted a perpetual, non-exclusive, royalty-free licence to use the deliverables we prepare specifically for you for your internal business purposes.
We retain ownership of our pre-existing methodologies, frameworks, templates and know-how, and of any generic materials developed in the course of providing services. You must not resell, publish or distribute our deliverables to third parties as standalone products 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 the engagement. This obligation does not apply to information that is or becomes public other than through breach of these Terms, was lawfully known to the recipient beforehand, is independently developed, or must be disclosed by law or by a regulator or court.
These confidentiality obligations survive the completion or termination of an engagement.
8. Limitation of Liability
To the fullest extent permitted by law, and except as set out in clause 9 (Australian Consumer Law), our total aggregate liability arising out of or in connection with an engagement is limited to the fees actually paid by you to us for the services giving rise to the liability.
We are not liable for indirect, incidental, special or consequential loss or damage, loss of profits, loss of revenue, loss of data or loss of business opportunity, however caused, whether in contract, tort (including negligence), statute or otherwise.
Any advice, recommendations or deliverables we provide are based on the information you supply and the circumstances known to us at the time. You remain responsible for decisions made in reliance on our deliverables, and we recommend that material commercial, financial, legal or taxation decisions be independently verified by the appropriate professional advisers.
9. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified by agreement.
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Where the Australian Consumer Law applies and we fail to comply with a consumer guarantee that cannot be excluded, you may be entitled to remedies including resupply of the services or payment of the cost of having the services supplied again, to the extent provided by that law.
Subject to the preceding paragraphs, and to the extent permitted by law, all other conditions, warranties and representations not expressly set out in these Terms are excluded.
10. Suspension and Termination
Either party may terminate an engagement by giving the other party written notice in accordance with the notice period stated in the applicable quote or engagement letter, or, if no notice period is stated, fourteen (14) days' written notice.
We may suspend or terminate an engagement immediately by written notice if you fail to pay an invoice when due, breach these Terms and fail to remedy the breach within a reasonable time of notice, or if your conduct prevents us from performing the services safely or lawfully.
On termination, you must pay all fees properly incurred for work performed up to the date of termination, and we will deliver to you any completed or substantially completed deliverables for which you have paid.
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 us collecting, using and disclosing personal information as described in that policy, for the purpose of providing services to you.
12. Website Use and Third-Party Content
The content on this website is provided for general information about our business and services. It does not constitute professional advice and must not be relied upon as a substitute for engagement-specific advice tailored to your circumstances.
This website may contain links to third-party websites or tools. Those links are provided for convenience only, and we do not endorse, control or accept responsibility for third-party content, products or services.
13. Force Majeure
Neither party is liable for a delay or failure to perform obligations (other than payment obligations) to the extent caused by an event beyond that party's reasonable control, including natural disasters, industrial disputes, government restrictions, cyber incidents or serious illness. The affected party must notify the other party promptly and the parties will act reasonably to adjust timelines and scope as needed.
14. Changes to these Terms
We may update these Terms from time to time by publishing a revised version on this page. The version of these Terms that applies to a particular engagement is the version in force at the time your quote or engagement letter is accepted, unless a later version is expressly agreed in writing. Please review this page periodically for changes.
15. 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 and the courts of Australia competent to hear related matters.
16. Contact
If you have any questions about these Terms of Service, or wish to give notice under these Terms, please contact Imagine Impact Pty Ltd by email at ceo@imagineimpact.online or via our contact page. Please include your business name and engagement reference (if applicable) so we can respond promptly.
Related documents: Privacy Policy.