1. About these terms
These Terms of Service (“Terms”) govern your access to and use of the website at https://jrvtrans.online and any professional business and consulting services supplied by JRV Trans Pty Ltd (ABN 76 703 406 526) of Melbourne VIC (“we”, “us” or “our”). By engaging our services or using this website, you agree to be bound by these Terms. If you do not agree, please do not use the website or engage our services.
2. Who we are
JRV Trans Pty Ltd is an Australian private company registered in Victoria. We provide professional business and consulting services to small and medium-sized enterprises across Australia. Our ABN is 76 703 406 526. You can contact us at ceo@jrvtrans.online or through our contact page.
3. Engagement and scope of services
The specific services we will provide to you, together with deliverables, timeframes and fees, will be set out in a written proposal, engagement letter or statement of work agreed between us (the “Engagement”). These Terms form part of every Engagement unless expressly varied in writing. Where an Engagement document conflicts with these Terms, the Engagement document prevails to the extent of the inconsistency.
4. Quotes and proposals
Any quote or proposal we issue is valid for 30 days from the date of issue unless otherwise stated. Quotes are prepared on the basis of the information you provide to us and the scope described in the quote. Work performed outside the agreed scope will be quoted separately and may attract additional fees. A quote is not a binding offer until accepted by you and confirmed by us in writing.
5. Fees, invoicing and GST
All fees are stated in Australian dollars and are exclusive of Goods and Services Tax (GST) unless otherwise stated. Where GST applies, it will be added to our invoices in accordance with A New Tax System (Goods and Services Tax) Act 1999 (Cth). We will issue tax invoices for all amounts payable. Expenses incurred with your prior approval (such as travel or third-party software subscriptions) will be invoiced at cost or as otherwise agreed.
6. Payment terms
Unless otherwise agreed in writing, invoices are payable within 14 days of the date of issue by the payment method stated on the invoice. We may charge interest on overdue amounts at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic) from the due date until payment is received in full. If an invoice remains unpaid for more than 30 days, we may suspend work on the Engagement until the account is brought up to date.
7. Your obligations
To enable us to perform the services effectively, you agree to:
- provide timely, accurate and complete information, records and access as reasonably required;
- ensure any information you provide is lawful and that you have the right to share it with us;
- obtain any consents or approvals required from third parties, including your own clients or employees;
- respond to reasonable requests for feedback or decisions within agreed timeframes; and
- comply with all applicable laws in connection with the Engagement.
Delays caused by a failure to meet these obligations may affect agreed timeframes and fees.
8. Confidentiality
Each party must keep confidential all non-public information disclosed by the other party in connection with an Engagement, and use it only for the purposes of the Engagement. This obligation does not apply to information that is or becomes public through no breach, was lawfully known before disclosure, is independently developed, or must be disclosed by law or court order. These confidentiality obligations survive completion or termination of an Engagement.
9. Intellectual property
All pre-existing intellectual property remains the property of the party that owned it before the Engagement. Upon full payment of our fees, you own the final deliverables prepared specifically for you under the Engagement. We retain ownership of our methodologies, templates, frameworks, tools and know-how, and any generic knowledge or skills developed in the course of providing services. You must not reproduce, distribute or resell our materials without our prior written consent.
10. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Where the Australian Consumer Law applies and we are deemed a supplier of services to a consumer, our liability for failure to comply with a consumer guarantee that cannot be excluded is limited, to the extent permitted by law, to supplying the services again or paying the cost of having the services supplied again.
11. Limitation of liability
To the fullest extent permitted by law, and except as set out in clause 10:
- we are not liable for indirect, incidental, special or consequential loss, including loss of profits, revenue, goodwill or business opportunity;
- our total aggregate liability arising out of or in connection with an Engagement is limited to the fees paid by you for the specific services giving rise to the claim; and
- we are not responsible for outcomes that depend on information you provide, third-party services, or decisions and implementations made by you outside our direct control.
You should obtain independent professional advice before relying on our deliverables for taxation, legal, financial or investment decisions.
12. Termination
Either party may terminate an Engagement by giving at least 14 days’ written notice, or immediately if the other party commits a material breach that is not remedied within 14 days of written notice, becomes insolvent, or engages in conduct that makes continued performance impracticable. Upon termination, you remain liable for fees for services performed up to the date of termination, and we will deliver completed work product paid for to that date where practicable.
13. 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, power or communications failures, or changes in law. Affected timeframes will be extended reasonably, and we will keep you informed of material impacts on the Engagement.
14. Privacy
We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. By engaging our services, you consent to the collection, use and disclosure of personal information as described in that policy.
15. General provisions
- Entire agreement: These Terms and the applicable Engagement documents constitute the entire agreement between the parties regarding their subject matter.
- Assignment: You may not assign your rights or obligations without our prior written consent. We may assign our rights with notice to you.
- Severability: If a provision of these Terms is invalid or unenforceable, it is severed and the remaining provisions continue in force.
- Waiver: A failure or delay in exercising a right is not a waiver of that right.
- Notices: Notices must be in writing and may be sent by email to ceo@jrvtrans.online or to the address notified by the receiving party.
16. Governing law and disputes
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 Commonwealth of Australia. Before commencing proceedings, the parties agree to attempt in good faith to resolve any dispute by direct discussion, and, if unresolved within 30 days, by mediation administered in Melbourne VIC.
17. Changes to these Terms
We may update these Terms from time to time by publishing a revised version on this page with a new “Last updated” date. The Terms in force at the time you accept an Engagement apply to that Engagement. Continued use of this website after changes are published constitutes acceptance of the updated Terms.
18. Contact
Questions about these Terms can be directed to:
JRV Trans Pty Ltd
ABN 76 703 406 526
Melbourne VIC, Australia
Email: ceo@jrvtrans.online