1. Agreement to these terms
These Terms of Service apply to all services provided by Avelon Group Pty Ltd (ABN 97 702 529 833) ("Avelon Group", "we", "us" or "our") to any client ("you") accessing our website at avelongroup.site or engaging our group business services. By requesting a quote, engaging our services, or using this website, you agree to be bound by these terms. If you do not agree with any part of these terms, please do not use this website or engage our services.
2. Our services
Avelon Group provides group business services to clients in Perth and across Western Australia. The specific scope, deliverables, timelines and fees for any engagement will be set out in a written proposal, service agreement or quote provided to you before work commences. Where a signed service agreement exists, its terms apply alongside these Terms of Service, and in the event of any inconsistency, the signed service agreement prevails to the extent of the inconsistency.
Descriptions of services on this website are provided for general information only and do not constitute an offer to provide services on any particular terms. We may vary, discontinue or update our service offerings at any time without notice.
3. Quotes and engagement
Any quote provided by Avelon Group is valid for thirty (30) days from the date of issue unless otherwise stated in writing. A quote is an estimate of fees based on the information available at the time it is prepared. Should the scope of work change, or should information provided to us prove inaccurate or incomplete, we reserve the right to revise the quote and will notify you before proceeding.
An engagement commences only when you accept a quote in writing (including by email) or when we confirm commencement following your written instruction. Work performed outside the agreed scope may be billed at our standard rates.
4. Fees, invoicing and payment
Fees are as set out in your accepted quote or service agreement. Unless otherwise agreed in writing:
- Invoices are payable within fourteen (14) days of the invoice date.
- Payment must be made in Australian dollars by the method stated on the invoice.
- We may require an upfront deposit or progress payments for larger engagements.
- Overdue amounts may accrue interest at a rate of two per cent (2%) per annum above the Reserve Bank of Australia cash rate, calculated daily.
- You are responsible for any reasonable costs we incur in recovering overdue amounts.
All fees are expressed in Australian dollars and are exclusive of GST unless stated otherwise. Where GST applies, it will be added to the invoice in accordance with A New Tax System (Goods and Services Tax) Act 1999 (Cth).
5. Your obligations
To enable us to provide our services effectively, you agree to:
- Provide accurate, complete and timely information and documentation reasonably required by us.
- Respond to requests for information within a reasonable timeframe.
- Ensure you have the right to provide any materials, data or documents you supply to us.
- Comply with all laws applicable to your business and your use of our services.
Delays caused by a failure to meet these obligations may affect timelines and, where applicable, result in additional fees.
6. Australian Consumer Law
Nothing in these Terms of Service excludes, restricts or modifies any rights, remedies, guarantees or conditions that apply under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any equivalent State or Territory legislation, which cannot be excluded, restricted or modified.
To the extent permitted by law, and except for those non-excludable rights and guarantees, all other conditions and warranties whether express or implied are excluded. Where the Australian Consumer Law applies and we are deemed to have failed a guarantee, our liability is limited (to the extent permitted by law), at our option, to the supplying of the services again or the payment of the cost of having the services supplied again.
7. Limitation of liability
To the fullest extent permitted by law, and subject to clause 6:
- We are not liable for any indirect, incidental, special or consequential loss or damage, including loss of profits, revenue, data or business opportunities.
- Our total aggregate liability arising out of or in connection with any engagement is limited to the fees paid by you for the services giving rise to the claim.
You acknowledge that outcomes described in any proposal are estimates based on the information available, and we do not guarantee any particular commercial, financial or operational result.
8. Intellectual property
All materials, frameworks, templates, processes and know-how created or used by us in delivering services remain our intellectual property unless expressly assigned in writing. Upon full payment of all invoices relating to an engagement, you are granted a perpetual, non-exclusive, non-transferable licence to use the deliverables prepared for you for your internal business purposes.
You retain ownership of all materials and information you provide to us. You grant us a limited licence to use those materials solely for the purpose of providing services to you.
9. Confidentiality
Each party agrees 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 purpose of performing the engagement. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law or a competent authority. This obligation survives the completion or termination of an engagement.
10. Privacy
We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. By engaging our services or using this website, you consent to the collection, use and disclosure of your personal information as described in that policy.
11. Termination
Either party may terminate an engagement by giving fourteen (14) days' written notice to the other party, or immediately by written notice if the other party commits a material breach that is not remedied within seven (7) days of notice, or becomes insolvent, enters administration or liquidation, or has a controller appointed over its assets.
Upon termination, you must pay all fees for work performed up to the date of termination, and we will deliver to you all work product completed and paid for up to that date.
12. Force majeure
We are not liable for any delay or failure to perform our obligations where that delay or failure is caused by an event beyond our reasonable control, including natural disaster, epidemic, industrial action, government restriction, cyber incident or failure of utilities or communications networks. We will notify you as soon as reasonably practicable and will take reasonable steps to mitigate the impact of the event.
13. Website content
Content on this website is provided for general information purposes only. It does not constitute financial, legal, tax or other professional advice, and should not be relied upon as a substitute for tailored advice. While we take reasonable care to keep website content accurate and current, we make no representation or warranty as to its completeness or suitability for your purposes.
14. Governing law and jurisdiction
These Terms of Service and any engagement with Avelon Group Pty Ltd are governed by the laws of Western Australia and the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia.
15. Changes to these terms
We may update these Terms of Service from time to time by publishing a revised version on this website. The version published at the time you accept a quote or commence an engagement will apply to that engagement. Continued use of this website after publication of revised terms constitutes acceptance of those terms.
16. Contact us
If you have any questions about these Terms of Service, or wish to give notice under these terms, please contact us:
- Business name: Avelon Group Pty Ltd
- ABN: 97 702 529 833
- Location: Perth, Western Australia
- Email: ceo@avelongroup.site
- Website: avelongroup.site