1. Agreement to These Terms
By engaging OZ Truct Pty. Ltd., accessing our website at https://oztructltd.online, or requesting a quote, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you must not engage our services or use our website. These terms apply in conjunction with any written engagement letter or statement of work agreed between you and us. Where an engagement letter contains terms that conflict with these terms, the engagement letter will prevail to the extent of the inconsistency.
2. About Us
OZ Truct Pty. Ltd. (ABN 74 703 383 475) is an Australian proprietary company providing professional business and consulting services, including business advisory, operational consulting, strategic planning and related support services. Our principal place of operation is Melbourne VIC, and we serve clients across Australia.
3. Our Services
The scope of services we provide to you will be set out in a written proposal, engagement letter or statement of work agreed before commencement. We will perform our services with reasonable care, skill and diligence expected of a competent professional consultancy. Any indicative timelines provided are estimates only and are not binding commitments, although we will use reasonable endeavours to meet agreed timeframes.
Our services do not constitute legal, financial, taxation or investment advice unless expressly agreed in writing. Where your matter requires such advice, we will recommend you consult an appropriately licensed or qualified professional.
4. Client Responsibilities
You agree to:
- Provide accurate, complete and timely information and documents reasonably required for us to perform the services;
- Respond to our requests within agreed timeframes, noting that delays may affect project schedules;
- Ensure you hold all necessary rights, permissions and authorisations to share materials with us;
- Comply with all applicable laws and regulations in connection with your engagement of our services; and
- Appoint a suitable contact person to liaise with us throughout the engagement.
5. Fees, Invoicing and Payment
Fees for our services will be set out in your written proposal or engagement letter. Unless otherwise agreed in writing:
- Invoices are payable within fourteen (14) days of the invoice date;
- Deposits or advance payments may be required before commencement of work;
- Approved out-of-pocket expenses (such as travel) will be billed at cost with supporting documentation;
- All fees are quoted in Australian dollars and are exclusive of GST, which is payable in addition where applicable; and
- Overdue amounts may accrue interest and may result in suspension of services until payment is received.
6. Changes and Cancellations
If you wish to vary the scope of an engagement, the parties will agree the change in writing, including any adjustment to fees and timelines. If you cancel an engagement after work has commenced, you remain liable for fees and expenses incurred up to the date of cancellation, together with any committed third-party costs. We may also adjust fees if there is a material change in the scope, complexity or timing of the work, subject to prior written notice.
7. Confidentiality
Both parties agree to keep confidential all non-public information disclosed by the other party in connection with an engagement, and to use such information only for the purposes of the engagement. This obligation does not apply to information that is or becomes publicly available through no fault of the receiving party, was already lawfully known to the receiving party, is required to be disclosed by law or a regulatory authority, or is independently developed without use of the disclosing party's confidential information. This obligation survives the completion or termination of any engagement.
8. Intellectual Property
All pre-existing intellectual property remains the property of the party that owned it before the engagement. Upon full payment of all fees owing, you own the deliverables specifically created for you under the engagement. We retain ownership of our methodologies, templates, tools, frameworks and know-how, and you receive a non-exclusive licence to use deliverables incorporating those materials for your internal business purposes. You must not resell, publish or redistribute our deliverables without our prior written consent.
9. Limitation of Liability
To the maximum extent permitted by law:
- Our total liability arising out of or in connection with the services is limited to the fees paid by you for the relevant engagement;
- We are not liable for indirect, consequential, special or punitive losses, or for loss of profit, revenue, goodwill or business opportunity; and
- Our liability is reduced to the extent caused or contributed to by your acts, omissions, or inaccurate or incomplete information provided by you.
10. Australian Consumer Law
Nothing in these Terms of Service excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other applicable consumer protection legislation, including guarantees relating to services being provided with due care and skill, being reasonably fit for purpose, and being provided within a reasonable time. If you are a consumer for the purposes of the Australian Consumer Law, your statutory rights apply in addition to, and take precedence over any conflicting provisions in, these terms to the extent permitted by law.
11. Privacy
We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). Our Privacy Policy explains how we collect, use, store and disclose personal information, and how you may access or correct information we hold about you.
12. Website Content and Use
The content on this website is general in nature and provided for informational purposes only. It does not constitute professional advice tailored to your circumstances and should not be relied upon without obtaining advice specific to your situation. You must not use this website for any unlawful purpose, attempt to interfere with its operation, or use automated means to scrape or extract content without our prior written consent.
13. Third-Party Links
Our website may contain links to third-party websites for your convenience. We do not endorse, control or accept responsibility for the content, accuracy or practices of those websites, and accessing them is at your own risk. We encourage you to review the terms and privacy policies of any third-party site you visit.
14. Suspension and Termination
Either party may terminate an engagement by giving fourteen (14) days' written notice to the other. We may suspend or terminate services immediately if you fail to pay invoices when due, breach material obligations under these terms, or if continuing the engagement would place us in breach of law or professional standards. Upon termination, you must pay all fees and expenses incurred up to the effective date of termination, and clauses that by their nature should survive (including confidentiality, intellectual property, liability and governing law) will continue to apply.
15. Force Majeure
We will not be liable for any delay or failure to perform our obligations caused by events beyond our reasonable control, including natural disasters, pandemics, industrial action, power or telecommunications failures, cyber incidents, or changes in laws or government directives. We will notify you promptly of any such event and will resume performance as soon as reasonably practicable.
16. Dispute Resolution
If a dispute arises in connection with our services, both parties agree to first attempt to resolve the matter in good faith through direct discussion between nominated representatives. If the dispute cannot be resolved within thirty (30) days, the parties agree to consider mediation before commencing court proceedings, except where urgent or injunctive relief is required.
17. Governing Law
These Terms of Service are governed by the laws of Victoria, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia in respect of any dispute arising from these terms or our services.
18. Amendments
We may update these Terms of Service from time to time. The current version will always be published on this page with the date of last revision. Material changes affecting active engagements will be notified to affected clients in writing before taking effect. Continued use of our website or services after publication constitutes acceptance of the updated terms.
19. Contact
If you have any questions about these Terms of Service, or wish to raise a concern regarding an engagement, please contact us by email at ceo@oztructltd.online. We aim to acknowledge correspondence within two (2) business days.
OZ Truct Pty. Ltd. · ABN 74 703 383 475 · Melbourne VIC, Australia
Last revised: 1 January 2025