Terms of Service

1. About These Terms

Mist Solutions Pty Ltd provides professional business and consulting services. These terms, together with any engagement letter, proposal or statement of work agreed between you and us, form the agreement between you and Mist Solutions Pty Ltd. If there is any inconsistency between these terms and a signed engagement document, the signed engagement document will prevail to the extent of the inconsistency.

2. Our Services

The scope of services we provide to you will be set out in the relevant engagement letter, proposal or quotation. Any changes to scope must be agreed in writing by both parties, and may result in adjusted fees or timelines. We will perform our services with reasonable care, skill and diligence consistent with professional standards expected of a business consultancy operating in Australia.

3. Client Responsibilities

To enable us to deliver our services effectively, you agree to:

• Provide accurate, complete and timely information and documentation reasonably required by us;
• Respond to our requests within reasonable timeframes;
• Inform us promptly of any changes relevant to the engagement;
• Ensure you hold all necessary rights, approvals and permissions for materials you provide to us;
• Comply with all applicable laws and regulations in connection with the engagement.

Delays caused by a failure to meet these responsibilities may affect agreed timelines and fees.

4. Fees, Invoices and Payment

Fees for our services will be set out in your quotation, proposal or engagement letter. Unless otherwise agreed in writing:

• Fees are quoted in Australian dollars (AUD) and are exclusive of GST, which will be added where applicable;
• Invoices are payable within the period stated on the invoice;
• Overdue amounts may attract interest and/or result in suspension of services;
• Disbursements and third-party costs incurred with your approval will be on-charged at cost or as otherwise agreed.

5. Intellectual Property

All materials, frameworks, templates, methodologies and tools we bring to an engagement remain our intellectual property. Upon full payment of relevant invoices, you receive a licence to use deliverables prepared specifically for you for your internal business purposes. You retain ownership of materials you provide to us. Pre-existing intellectual property rights are not transferred by these terms.

6. Confidentiality

Both parties agree to keep confidential all non-public information disclosed by the other party in connection with an engagement, and to use that information only for the purposes of the engagement. This obligation does not apply to information that is publicly available, independently developed, required to be disclosed by law, or disclosed with the other party's written consent.

7. Limitation of Liability

To the maximum extent permitted by law, Mist Solutions Pty Ltd will not be liable for indirect, incidental, special or consequential loss, including loss of profits, revenue, data or business opportunity, arising from the services or your use of this website. Where liability cannot be excluded, our total aggregate liability for any claim is limited to the fees paid by you for the specific service giving rise to the claim.

8. 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.

9. Termination

Either party may terminate an engagement by giving written notice in accordance with the notice period stated in the engagement letter, or immediately if the other party commits a material breach that is not remedied within 14 days of written notice. Upon termination, you agree to pay for all services performed and expenses incurred up to the date of termination.

10. Website Use

Content on this website is provided for general information only and does not constitute professional advice. You should obtain advice specific to your circumstances before acting on any content on this website. We may update this website and these terms from time to time. The current version of these terms will always be available on this page.

11. Privacy

Our collection, use and disclosure of personal information is described in our Privacy Policy. By engaging our services, you consent to us handling personal information in accordance with that policy and applicable Australian privacy laws.

12. Governing Law

These terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from those courts.

13. Contact Us

If you have any questions about these Terms of Service, please contact us:

• Email: ceo@mistsolutions.online
• Website: mistsolutions.online
• Location: Melbourne VIC, Australia