Terms of Service
1. About these terms
These Terms of Service (the “Terms”) govern your access to and use of clearfirst.online and any professional business and consulting services provided by Clear First Pty Ltd. By using this website, requesting a quote, or engaging our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use this website or engage our services.
2. Who we are
In these Terms, “we”, “us” and “our” refer to Clear First Pty Ltd (ABN 94 702 665 969), a proprietary limited company providing professional business and consulting services, based in Melbourne VIC, Australia. References to “you” and “your” are to the individual, business or organisation that uses this website or engages our services.
3. Our services
We provide professional business and consulting services, which may include business advisory, strategy development, operational review, planning and related support. The specific scope, deliverables, timelines and fees for any engagement will be set out in a written proposal, engagement letter or statement of work agreed between us. Descriptions of our services on this website are general in nature and do not constitute an offer to provide services on any particular terms.
4. Quotes, proposals and engagement
- Quotes and proposals provided by us are valid for 30 days from the date of issue, unless otherwise stated in writing.
- An engagement commences only when both parties have agreed in writing (including by email) to the scope, fees and timetable set out in the relevant proposal or engagement letter.
- Any variation to an agreed scope must be agreed in writing and may affect fees and timelines.
- We may decline any request for services at our discretion.
5. Fees, invoicing and payment
- Fees for our services are as set out in the applicable proposal, engagement letter or statement of work, and are quoted in Australian dollars (AUD) unless otherwise agreed.
- Unless otherwise agreed in writing, invoices are payable within 14 days of the invoice date.
- Goods and services tax (GST) is payable in addition to our fees where applicable and will be shown separately on invoices.
- If you dispute an invoice, you must notify us in writing within 7 days of receiving it, and pay any undisputed amounts by the due date.
- We may charge interest on overdue amounts at a reasonable rate, and may suspend services while payment remains outstanding.
6. Your responsibilities
You agree to provide accurate, complete and timely information reasonably required for us to perform our services; to obtain any approvals, licences or third-party consents needed for the engagement; and to comply with all applicable laws in connection with your use of our services and this website. You must not use this website for any unlawful purpose, or attempt to interfere with its operation or security.
7. Intellectual property
All content on this website, including text, graphics, logos and layout, is owned by or licensed to Clear First Pty Ltd and is protected by Australian and international intellectual property laws. Upon full payment of applicable fees, you own the final deliverables specifically prepared for you under an engagement, and we retain ownership of our pre-existing methodologies, frameworks, templates and know-how. You may not reproduce, adapt or distribute website content without our prior written consent.
8. Confidentiality
Each party will keep confidential all non-public information disclosed by the other party in connection with an engagement, and will use that information only for the purposes of the engagement. This obligation does not apply to information that is publicly available, required to be disclosed by law, or independently developed without use of the other party's confidential information.
9. Australian Consumer Law and consumer guarantees
Nothing in these Terms excludes, restricts or modifies any rights you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable legislation that cannot lawfully be excluded, including consumer guarantees relating to the supply of services. If you are a consumer for the purposes of the Australian Consumer Law and our services fail to meet a consumer guarantee, you may be entitled to remedies including resupply of the services or a refund, to the extent required by law.
10. Limitation of liability
To the fullest extent permitted by law, we are not liable for indirect, incidental, special or consequential losses, or for loss of profit, revenue, goodwill or data, arising from your use of this website or our services. Where liability cannot be excluded, our total aggregate liability for any claim is limited to the fees paid by you for the services giving rise to the claim. Nothing in this clause limits or excludes liability for consumer guarantees under the Australian Consumer Law, or for any other liability that cannot lawfully be limited.
11. Suspension and termination
Either party may terminate an engagement in accordance with the terms of the applicable engagement letter, or by giving written notice if the other party commits a material breach that is not remedied within 14 days of notice. Upon termination, you must pay for services performed up to the date of termination, and each party will return or destroy the other party's confidential information on request. Clauses that by their nature should survive termination (including intellectual property, confidentiality, liability and governing law) will survive.
12. Privacy
We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). By using this website or engaging our services, you consent to the collection, use and disclosure of your personal information as described in that policy.
13. Third-party links and materials
This website may contain links to third-party websites or resources. These links are provided for convenience only, and we do not endorse, control or accept responsibility for the content, availability or practices of any third-party website. Your dealings with third parties are solely between you and them.
14. General terms
- Governing law: These Terms are governed by the laws of Victoria, Australia, and the parties submit to the jurisdiction of the courts of Victoria.
- Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force.
- Waiver: Our failure to enforce any right or provision is not a waiver of that right or provision.
- Entire agreement: These Terms, together with any applicable engagement letter or proposal, form the entire agreement between the parties regarding their subject matter.
- Assignment: You may not assign your rights or obligations under these Terms without our prior written consent.
15. Changes to these terms
We may update these Terms from time to time. The current version will always be published on this page with the date of the most recent revision. Continued use of this website, or continuation of an engagement, after changes take effect constitutes acceptance of the updated Terms.
16. Contact us
If you have any questions about these Terms, or if you wish to give notice under these Terms, please contact us by email at ceo@clearfirst.online, or via our contact page. We aim to respond to all enquiries within two business days.