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RiskLogic

Terms & Conditions for Services by RiskLogic

Terms & Conditions

  1. Fees will be payable on completion of each Service/s detailed within a proposal.
  2. Travel expenses from Sydney/Melbourne/Brisbane CBD will be charged to clients at cost and are additional to the quoted Services. This may include flights, accommodation and a daily meal allowance within the ATO Tax Determined rates.
  3. Fees are based on acceptance of all Services outlined in the Fee Proposal and subject to the Specifications.
  4. Should the provision of the prescribed Services be hindered due to reasons within the Client’s control and therefore not provided within 6 months from commencement date, and for any new 6-month period thereafter, those services may be forfeited for that 6-month period and the associated fees still payable.
  5. RiskLogic reserves the right to charge a cancellation fee of 50% of the total session fee should a training activity be cancelled within 7 working days of the confirmed date. The full fee will apply if cancelled within 24 hours of the training event.
  6. Services (as defined in the fee proposal) will be provided in accordance with requirements specified in the signed Fee Proposal, prepared by RiskLogic and signed by the Client’s authorised representative.
  7. The Client shall designate an appropriate contact person to facilitate the provision of required information to RiskLogic and to coordinate RiskLogic activities on its site/s.
  8. Any changes to the Services, as detailed in the approved Fee Proposal, or any variances from the Specifications outlined in the Fee Proposal after commencement of the Services, must be agreed to by RiskLogic in writing and may be subject to a fee adjustment as determined by RiskLogic.
  9. The Fees specified in the signed Fee Proposal are exclusive of GST. A 10% GST levy will be added to the quoted amount.
  10. The Client agrees to pay the full amount for the Services specified within seven (7) days of invoice date. Payment via credit card will incur an additional bank fee.
  11. For Services provided to the Client over a 12-month period, RiskLogic reserves the right to review pricing in accordance with CPI increases on an annual basis.
  12. Copyright and Intellectual Property in all advice, reports, Specifications, calculations and other documents provided by RiskLogic in connection with the Services provided shall be vested and shall remain vested in RiskLogic. The client shall have a license to this Intellectual Property for the purpose of implementing advice given by RiskLogic as part of the Services provided; however, the client shall not use or make copies of such documents in connection with any work other than the work comprised in the Services provided, or in any way infringe on RiskLogic’s intellectual property, unless express approval in writing is given in advance by RiskLogic.
  13. Each party will treat the Confidential Information of the other party as confidential information. A party will not at any time, whether during this Agreement or after completion of the Services, divulge or disclose either directly or indirectly to any person or persons or copy or reproduce or make use of, for any purposes other than as part of carrying out the Services, any Confidential Information except: with the other party’s prior written approval; in so far as may be reasonably necessary in the course of RiskLogic performing its obligations under this Agreement; or as required by law. Notwithstanding the above, Confidential Information is defined as information that is by its nature confidential; that is marked as confidential or which is known to be confidential, or which the Client ought to have known was confidential. For the avoidance of doubt, Confidential Information includes any tools, processes or methodologies introduced, developed for or delivered by RiskLogic to the Client which remain the exclusive property of RiskLogic subject to a license to the Client to use them as part of the Services. Confidential Information also includes trade secrets and Intellectual Property of RiskLogic as well as this agreement and RiskLogic’s terms of trade.
  14. RiskLogic at its sole discretion may sub-contract any part of the Services. In doing so, RiskLogic will bear full responsibility for completion of such Services in accordance with this agreement.
  15. Each party will hereby indemnify the other party from and against any and all liabilities, claims, demands, suits, judgments, damages and losses including any costs, expenses and legal Fees incidental thereto that may occur against or be incurred by the other party, as a result of any wilful act or omission, the neglect or misconduct of the party, arising out of the use of these Services, or any material breach of this Agreement, whether or not the Services are used.
  16. RiskLogic does not give any warranty nor accept any liability in relation to the performance or non-performance of the Services provided except to the extent, if any, required by law or specifically provided for in this Agreement.
  17. If any warranty in respect of the Services provided would be implied whether by law, custom or otherwise, that warranty is to the full extent permitted by law hereby excluded.
  18. In the event that the Client fails to proceed with the Services or fails to provide information which RiskLogic reasonably requires for the purpose of providing the Services, RiskLogic may serve upon the Client a written notice to the Client’s registered address requiring the provision of such information, documents or software to enable the Services to proceed as supplied in the notice within 14 days. If the Client fails to comply within the specified time, RiskLogic shall be at liberty to terminate this Agreement without penalty by notice in writing to the Client and the Client shall pay RiskLogic for its time and costs up to the date of termination based on a sum equal to 75% of the cost of the Services or an hourly charge at a rate of $350 per hour (excluding GST), whichever is the greater amount.
  19. This Agreement shall be governed and construed in accordance with the laws of New South Wales.
  20. This Fee Proposal and these Terms & Conditions and any supporting documents constitutes the entire agreement in respect of the matters dealt with in this Agreement and supersedes all prior Agreements, understandings and negotiations in respect of the matters dealt with in this Fee Proposal and Terms & Conditions.
  21. No modification, amendment, waiver, termination or discharge of this Fee Proposal or Terms & Conditions will be binding upon either party unless confirmed by a written instrument executed by each party or a duly authorised officer thereof.
  22. Any warranty, indemnity or licenses made by a party pursuant to this Fee Proposal or Terms & Conditions survive the termination of this Agreement.