These Terms of Service govern your engagement of Fenly Trading Pty Ltd (ABN 57 703 489 525) (“we”, “us”, “our”) and apply to all professional business and consulting services we provide, including advice delivered through this website, by email, or under a written engagement. By engaging our services or using this website, you agree to these terms.
1. About these terms
Fenly Trading Pty Ltd is an Australian proprietary limited company registered in Victoria. These terms, together with any written proposal, engagement letter or statement of work we issue, form the agreement between you and us. Where a signed engagement letter conflicts with these terms, the engagement letter prevails to the extent of the inconsistency.
2. Our services
We provide professional business and consulting services, which may include business strategy and planning, operational review, market and feasibility analysis, process improvement, and advisory support for small businesses and growing enterprises. The specific scope, deliverables, timelines and fees for your engagement will be set out in a written proposal or engagement letter agreed before work commences.
3. Engagement and proposals
- Quotes and proposals are valid for 30 days from the date of issue unless otherwise stated.
- An engagement commences only when you accept our proposal in writing (including by email) and any required deposit has been received.
- Work outside the agreed scope will be treated as a variation and quoted separately before it is undertaken.
- Reasonable delays caused by you, including late provision of information or access, may affect agreed timelines.
4. Fees, payment and invoices
- Fees are stated in Australian dollars (AUD) and, unless otherwise agreed, are exclusive of GST, which is payable in addition where applicable.
- Invoices are payable within 14 days of the invoice date, or as otherwise stated in your engagement letter.
- We may require a deposit or progress payments for larger engagements.
- Overdue amounts may accrue interest and we may suspend work until outstanding amounts are paid.
- Expenses pre-approved in writing, such as travel or third-party software, are billed at cost.
5. Your responsibilities
You agree to provide accurate, complete and timely information reasonably required for us to perform the services, to comply with laws applicable to your business, and to obtain any consents needed for us to access data or systems on your behalf. We rely on the information you provide and are not responsible for outcomes arising from incomplete or inaccurate information supplied by you.
6. Intellectual property
All materials, frameworks, templates and methodologies we bring to an engagement remain our intellectual property. Upon full payment, you receive a perpetual, non-exclusive licence to use deliverables prepared specifically for your business for your own internal purposes. You retain ownership of the information and materials you provide to us.
7. Confidentiality
Each party will keep confidential all non-public information received from the other in connection with an engagement and will not disclose it except as required to perform the services, with consent, or as required by law. This obligation survives the end of an engagement.
8. Limitation of liability
To the fullest extent permitted by law, we are not liable for indirect, incidental, special or consequential loss, including loss of profits, revenue, goodwill or data, arising from the services. Where liability cannot be excluded, our total aggregate liability for any claim is limited to the fees you paid to us for the specific service giving rise to the claim.
9. Australian Consumer Law
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot lawfully be excluded. If our services do not meet a consumer guarantee that applies, you may be entitled to a remedy under the Australian Consumer Law. These terms are otherwise subject to all applicable Australian laws.
10. Privacy
We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. By engaging us, you consent to us collecting, using and disclosing information as described in that policy, including where we engage trusted subcontractors or cloud service providers to support delivery of the services.
11. Termination
Either party may terminate an engagement with 14 days’ written notice, or immediately if the other party commits a material breach that is not remedied within 10 business days of notice, or becomes insolvent. Upon termination, you remain liable for fees for work performed up to the termination date, and we will deliver, or make available, work product completed to that point.
12. Force majeure
We are not liable for delays or failure to perform caused by events beyond our reasonable control, including natural disasters, pandemics, industrial action, cyber incidents, or failures of third-party infrastructure or utilities.
13. 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 competent to appeal from them.
14. Changes to these terms
We may update these terms from time to time by publishing a revised version on this page. The version applicable to your engagement is the version in force when your proposal or engagement letter is issued, unless a later version is agreed in writing.
15. Contact us
If you have any questions about these Terms of Service, please email ceo@fenlytrading.online. You can also reach us through our contact page or request a proposal via our quote form.