Terms of Service

1. Interpretation

In these terms, "we", "us" and "our" mean Kairovex Pty Ltd (ABN 96 703 157 573). "You" and "your" mean the individual or entity engaging our services. "Services" means any business, advisory, consulting, administrative or related services we agree to supply, as described in a quote, proposal or written engagement.

2. Quotes and Engagement

Any quote provided by us is an invitation to engage our services on the stated terms. Quotes are valid for 30 days unless otherwise stated in writing. A binding engagement arises when you accept a quote in writing (including by email) or we commence work at your request. The scope of services will be limited to what is set out in the accepted quote or proposal. Work outside that scope may require a variation and additional fees, which we will discuss with you before proceeding.

3. Fees and Payment

Fees are set out in your accepted quote and are quoted in Australian dollars, exclusive of GST unless stated otherwise. Unless alternative payment terms are agreed in writing:

• Invoices are payable within 14 days of the invoice date.
• Overdue amounts may accrue interest at a rate we reasonably determine, and we may suspend services until outstanding amounts are paid.
• You are responsible for any costs we reasonably incur in recovering overdue amounts.

4. Your Responsibilities

To enable us to deliver the Services effectively, you agree to provide accurate, complete and timely information, reasonable access to relevant personnel and records, and prompt feedback on deliverables. We rely on the accuracy of the information you supply and are not responsible for delays or errors caused by incomplete, inaccurate or late information provided by you or your representatives.

5. Consumer Guarantees Under Australian Consumer Law

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, including consumer guarantees relating to the supply of services.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. If the services fail to meet a consumer guarantee that applies to you, you may be entitled to remedies such as having the services supplied again or, in some circumstances, compensation. If you believe the services have not met a consumer guarantee, please contact us at ceo@kairovex.online so we can work with you to resolve the matter.

6. Limitation of Liability

To the fullest extent permitted by law, and except for liability that cannot be excluded by law (including under the Australian Consumer Law):

• We are not liable for indirect, incidental, special or consequential loss, including loss of profits, revenue, goodwill or anticipated savings.
• Our total aggregate liability arising out of or in connection with the Services is limited, at our option, to the resupply of the relevant services or the payment of the cost of having the services supplied again.
• Any advice, reports or deliverables are provided for your internal business purposes and for the purposes stated in the engagement. We are not responsible for decisions you make based on our deliverables without independent verification appropriate to your circumstances.

7. Intellectual Property

All pre-existing intellectual property, including methodologies, frameworks, templates and tools used in delivering the Services, remains our property or the property of our licensors. Upon full payment of our fees, you receive a licence to use the deliverables prepared specifically for you for your internal business purposes. You retain ownership of materials you provide to us.

8. Confidentiality

Both parties agree to keep confidential information received from the other party private, to use it only for the purposes of the engagement, and to protect it with reasonable care. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law, and it survives the end of the engagement.

9. Privacy

We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). Our Privacy Policy forms part of these terms and explains how we collect, use, store and disclose personal information.

10. Termination and Suspension

Either party may terminate an engagement by giving written notice if the other party materially breaches these terms and fails to remedy the breach within 14 days of notice, or becomes insolvent. You may also terminate an engagement on written notice, in which case you remain liable for fees for work performed up to the date of termination and for costs we have reasonably committed on your behalf.

11. Force Majeure

We are not liable for delays or failures in performance caused by events beyond our reasonable control, including natural disasters, industrial disputes, pandemics, or failures of third-party infrastructure or utilities. Where such an event occurs, we will notify you and work in good faith to agree revised timelines.

12. General

• These terms, together with your accepted quote, form the entire agreement between the parties regarding the Services.
• If any provision is held invalid or unenforceable, the remaining provisions continue in full force.
• Our failure to enforce a right is not a waiver of that right.
• You may not assign your rights under these terms without our prior written consent.

13. Governing Law

These terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.

14. Changes to These Terms

We may update these terms from time to time. The current version published on this page applies to any engagement commenced after the date of publication. Material changes affecting an existing engagement will be communicated to you before they take effect.