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Terms and Conditions
- Fee Structures
- The Client has read, understood and agrees that The Company operates with three types of fee structures: Consulting, Project and Retainer as outlined here;
- The Company reserves the right to update fee structures with 28 days written notice. Fee structure changes do not apply to active retainer agreements during their minimum term;
- Terms Of Payment
- The Company reserves the right to cease any work until any unpaid fees are received;
- All unpaid fees to The Company will incur an interest charge at the rate of 10% per annum, compounding monthly;
- The Client accepts responsibility and indemnifies The Company for all costs incurred by The Company associated with recovering the fees due, including but not limited to collection costs, legal costs, interest and damages;
- Variations to the terms of the standard Terms Of Payment can be made with a written agreement between The Company and The Client;
- Intellectual Property
- All works produced during engagement with The Company contain intellectual property and copyrighted information that is the legal property of The Company;
- All intellectual property owned by The Company must not be used, reproduced, or otherwise applied or referred to without written permission;
- The Client is provided with a license to use such material for the purposes specified as part of any project agreements upon full payment;
- The Company reserves the right to revoke the license should The Client break any legal agreement;
- Intellectual property rights owned by The Company may be transferred to The Client for an additional fee;
- The Client guarantees that any materials provided to The Company for any project are either owned or have permission for use;
- The Company must only be attributed for work completed by The Company, and any modification by third parties is forbidden unless written consent is provided;
- Confidentiality
- All information within this agreement and created for any project is confidential and must not be shared without written permission;
- All information and data collected by The Company from The Client will be kept confidential;
- Data Use
- The Company may install tracking pixels and marketing software in deliverables for:
- facilitating The Client's objectives through marketing or data analytics;
- collecting performance metrics and improving service quality;
- marketing The Company's services without conflict of interest with The Client's business;
- The Company reserves the right to use The Client's metrics for marketing without publicly identifying The Client unless agreed in writing;
- The Client can request removal or modification of tracking pixels with 28 days written notice;
- Warranty
- The Client must test all deliverables before deadlines specified in writing or as part of a project;
- Should The Client fail to provide timely feedback, The Company cannot guarantee the final deliverables;
- All updates and maintenance will incur additional charges;
- The Client is responsible for private data collected through deliverables;
- The Company holds no legal responsibility for third-party products or services;
- The Company will take reasonable steps to inform The Client of known security risks and apply industry-standard security practices during development. Following delivery, The Company holds no ongoing liability for security of the deliverables, including but not limited to data breaches, unauthorised access, or loss of client data. The Client is responsible for maintaining the security of the deliverables post-delivery, including applying security updates and managing access controls;
- Termination Of Agreement
- Ongoing services can be terminated by either party with 28 days written notice;
- Upon termination, all services will cease, and The Client must destroy all copies of The Company's intellectual property;
- The Company reserves the right to full payment for work completed;
- The Company may retain the deposit to the extent of work completed at standard rates and any non-recoverable third-party costs incurred. Any remaining balance will be refunded to The Client;
- Provisions
- This agreement does not expire unless terminated by either party;
- This agreement constitutes the entire contract between the parties, but variations can be made by mutual written agreement;
- The Company reserves the right to update the terms with 28 days written notice. Changes do not apply retroactively to active engagements. Material changes to retainer terms during a minimum term require The Client's written consent. If The Client does not accept a material change, they may terminate the agreement without penalty, with all work completed up to the termination date payable at standard rates;
- If any provision is deemed unenforceable, the remaining provisions will still apply;
- The Client indemnifies The Company for any damages or claims arising from the Project;
- This agreement is governed by the laws of Victoria, Australia;
- This agreement is non-transferable;
- Dispute Resolution
- Any dispute arising from this agreement shall first be referred to good faith negotiation between the parties for a period of 14 days;
- If the dispute is not resolved by negotiation, either party may refer the matter to mediation administered by the Australian Disputes Centre (ADC) or an equivalent recognised mediation body. The costs of mediation shall be shared equally between the parties;
- If mediation is unsuccessful, either party may pursue litigation in the courts of Victoria, Australia;
- Nothing in this clause prevents either party from seeking urgent interlocutory relief;
- Force Majeure
- Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, war, terrorism, pandemic, natural disaster, government action, or critical infrastructure failure;
- The affected party must notify the other party within 7 days of the force majeure event and take reasonable steps to mitigate its impact;
- If the force majeure event continues for more than 30 days, either party may terminate the affected engagement without penalty. Fees for work completed up to the date of termination remain payable;
- Retainer Policy
- The Client has read, understood and agrees with The Company Retainer Policy;
- Referral Policy
- The Client has read, understood and agrees with The Company Referral Policy;
Definitions:
'The Company' - Wallace Corporation Holdings Pty Ltd, ABN 85 169 183 233
'The Client' - ,
All dollar figures are in Australian dollars and exclusive of GST.
Last updated: July 2026
Definitions:
'The Company' - Wallace Corporation Holdings Pty Ltd, ABN 85 169 183 233
'The Client' -
All dollar figures are in Australian dollars and exclusive of GST.
