General Terms of Business


Last updated 20th October 2024
Please read these terms and conditions  before using our service.


Our Services

1.1 These general terms of business apply in respect of services (Services) to be performed by us for the client identified in our engagement letter or fee quote (LoE) issued by Grant Select Pty Ltd (ABN 14 680 151 553) (we, us, our, or Grant Select) (collectively, the Engagement).

1.2 If an LoE is attached or if these terms are attached or referred to in an LoE, then that LoE shall form part of the Engagement.

1.3 These terms and conditions and (as applicable) LoE form the entire agreement between Grant Select and you relating to the Services and replace and supersede any previous proposals, correspondence, understandings, or other communications (written or oral).

1.4 Either Grant Select or you may request a change to the Services, or anything else in the Engagement and/or these terms and conditions. A change will not be effective unless we have both agreed to it in writing.

1.5 To the extent applicable, the provision of our services will be conducted in accordance with professional and ethical standards as required by relevant authorities.

Additional Services

2.1 If out-of-scope work is required/requested, we will identify that those Services are out of scope and provide you with an estimate of costs before commencing any work.

2.2 Where, as part of the Engagement, the services of an external consultant, expert, and/or external service provider are required, an estimated cost, timeframe, and involvement will be provided to you for your approval. Acceptance of our Services in conjunction with our Engagement indicates your acceptance of the use of outsourced services as described and that additional fees for those outsourced services may apply.

Reports, Oral Advice, and Draft Deliverables

3.1 Any reports or advice provided as part of the Services are for the sole use of the client specified in the Engagement and the purposes outlined. We assume no responsibility for any reliance on such reports by anyone other than the named recipient.

3.2 You may not share or publish our deliverables, name, or logo without prior written consent, except as required by law.

3.3 You may only rely on our final written deliverables.

Acceptance of Engagement

4.1 You may accept the Engagement and these terms by:
(a) signing and returning the LoE to us; or
(b) continuing to instruct us.

4.2 Upon acceptance, you agree to pay for our Services under these terms.

Engagement Team

5.1 Where specific Grant Select employees or consultants are named in the Engagement, we will use reasonable efforts to ensure these individuals are available to provide the Services.

Commencement and Delivery

6.1 Our engagement will commence on the date of your acceptance as outlined in clause 4.

6.2 We will endeavor to meet any delivery timeframes, but unless specifically agreed otherwise in writing, any dates in the Engagement are indicative and non-binding.

Your Obligations

7.1 You agree to:
(a) provide us promptly with all necessary information and access to personnel required to perform the Services;
(b) ensure all provided information is accurate, complete, and not misleading;
(c) maintain adequate security and virus protection measures on any systems we use; and
(d) notify us of any changes to the information provided.
7.2 Our performance is contingent upon your cooperation in meeting these obligations.

Audit Assistance

8.1 We will assist you with any government audits or investigations related to the Services under this Engagement. However, unless otherwise agreed, our assistance will be limited in scope, and additional fees may apply for extensive audit support.

No Guarantee of Grant Success

Grant Select Pty Ltd will use its best efforts, skills, and expertise to assist you in preparing and submitting grant applications. However, you acknowledge and agree that:9.1 Grant programs are competitive, and the outcome of any application is subject to the discretion of the relevant granting body.
9.2 We do not guarantee or warrant the success of any grant application, nor the receipt of any grant funds.
9.3 The payment of our fees is for the provision of services, including advice, preparation, and submission of applications, and is not contingent upon the success of any application.
9.4 In the event of an unsuccessful grant application, no refund of fees paid for services rendered will be provided.This clause does not limit any rights you may have under the Australian Consumer Law that cannot be excluded by contract.

Fees and Billing Arrangements

10.1 You agree to pay our fees as set out in the Engagement plus any applicable GST.

10.2 Our invoices will be due on the dates specified.

10.3 Late payments may result in suspension of services.

Expenses and Compliance Costs

11.1 You agree to reimburse us for any reasonable out-of-pocket expenses incurred in connection with the Services.

11.2 If we are required to provide information or comply with a statutory obligation related to your matter, you agree to cover these costs.

GST

12.1 GST will be payable on our fees and shown clearly on invoices.

Interest Charges and Recovery of Costs

13.1 Interest will be charged on any unpaid amounts after one (1) month.

13.2 We reserve the right to recover legal and enforcement costs for unpaid invoices.

Retention of Documents

14.1 Upon completion of work or termination of Services, we may retain your documents.

Termination by Us

15.1 We may cease to act if:
(a) invoices remain unpaid;
(b) we do not receive timely instructions;
(c) conflicts of interest arise; or
(d) any other justifiable reason arises.

Termination by You

16.1 You may terminate the Engagement by providing four (4) weeks' prior written notice. However, if you do so, you will be required to pay at least 50% of the total fees as specified in the Engagement or for the Services provided up to the date of termination, whichever is higher, to compensate for work completed.

16.2 If the Engagement is terminated before Services are completed, you will remain liable for any costs incurred or work performed up to the date of termination, as well as any applicable disbursements.

Confidentiality

17.1 We agree not to disclose each other’s confidential information except as required by law.

Privacy

18.1 Both parties agree to comply with privacy laws regarding personal information collected or used during the Engagement.

Limitation of Liability

19.1 Our liability is limited to the amount of fees paid by you for the Services. We exclude liability for indirect or consequential loss, loss of data, or loss of profits.

Indemnity

20.1 You agree to indemnify us against claims made by third parties in connection with our Services, except in cases of negligence or breach of duty on our part.

Governing Law

21.1 These terms are governed by the laws of Victoria, and both parties agree to submit to the exclusive jurisdiction of the courts of Victoria in relation to any disputes arising under or in connection with the Engagement.

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