Business, Marketing Strategy
1.1 Overview – Pure Bold provides business and marketing strategy (including digital) recommendations to assist the Client with a range of objectives including clarity, direction, business growth, operations and implementation of strategic marketing activities.
1.2 Statement of Works – Provides the information pertaining to the project, proposal, deliverables, payment milestones and any specific terms and conditions relating to the proposed works.
1.3 Services. In providing the Services, the Consultant shall exercise the degree of skill, care and diligence normally exercised by consultants in similar circumstances.
1.4 Contractors. Subject to the terms of this Agreement, Pure Bold may use the services of Third Party contractors, including research organisations, category specialists and the like, to assist in fulfilling its obligations and exercising its rights under this Agreement. Any such contractors will be bound by a written agreement, that is consistent with terms of this Agreement, including confidentiality and intellectual property ownership provisions consistent with those set forth. Pure Bold shall remain responsible for the performance by all such contractors.
1.5 Insurances. The Consultant and any sub-contracted parties hold professional indemnity insurance, public liability insurance and worker’s compensation cover meeting statutory requirements. A certificate of currency for the above policies may be requested from the Consultant by an authorised representative of the Client, but must be held in confidence.
1.6 Variation. If the original Statement of Works is to be varied, the Consultant may decline to act for the new scope of works or may review the Fee and/or any estimate of fees / expenses previously given.
(i) If during a Project the Statement of Works changes, these terms also apply to the new scope. In the absence of detailed information about the level of documentation already available and the skill and extent of Client support that is scheduled, some adjustments to the Statement of Works may need to be made as these become known.
(ii) The Client accepts and acknowledges that unless specifically instructed otherwise, the Consultant is not liable to make independent investigations in order to verify the accuracy or completeness of the content or information provided by the Client or a third party to the Consultant. Therefore, the Client agrees that the proposed fees may vary as new information comes to light that materially changes the scope of works on which original pricing was based.
As such, any fees quoted are not fixed, unless otherwise stated, and Pure Bold reserves the right to render fee invoices for an amount based upon time spent, greater than any quantum indicated in the estimate.
1.7 Fees, Expenses & Invoicing. The Client agrees to pay the fees and expenses to the Consultant as outlined in the Statement of Works, subject to variation as outlined above. In consideration of the Client paying the Fee, the Consultant agrees to perform the Services as soon as practicable after receipt of:
- the signed Order Documentation or written request to commence;
- provision of all required information outlined in the Statement of Works.
The fee is quoted excluding the Goods and Services Tax (GST) and all other GST and any other applicable taxes must be added at the appropriate rate at the time of invoicing.
- Where a fixed price Fee is quoted, this will remain fixed for a period of 30 days;
- Where a Fee is quoted at hourly rates plus materials, the rate will be fixed for 30 days;
- Fees are reviewed and varied on an annual basis; and
- Any services additional to those set out in the Statement of Works shall be charged on a time and materials basis unless a new fixed Fee is agreed in writing.
The Consultant will render invoices as per the fee schedule. Such invoices shall be paid by the Client within seven (7) days of the date shown on the invoice.
1.8 Lien. The Consultant has a general lien over any documents / property at any time held for the Client, as security for payment of invoices the Consultant issued or are to issue. That lien continues even if the Consultant is no longer providing services for the Client. The Consultant furthermore requires that reports/advice or any other information provided by thereto the Client must not be relied upon and remain the property of the Consultant, until such time as the Consultants Fees and any outstanding tax invoices for provision of such reports/advice or any other information provided to the Client have been paid for in full.
1.9 Access to working papers. The working papers for this engagement, including electronic documents and files, are the property of Pure Bold and constitute confidential information.
1.10 Interest Charges and Debt recovery. The Consultant shall be entitled to charge interest on any outstanding invoices at the same rate as the maximum overdraft rate fixed by the Commonwealth Bank of Australia of all due and not paid within fourteen (14) days of the date shown on the invoice.
The Client agrees to pay all costs (including legal and other debt collection costs on an indemnity basis) related to the recovery by the Consultant from the Client of any monies due by the Client to the Consultant under or in connection with this Agreement.
The Client shall supply free of charge and on a timely basis to the Consultant:
- instructions / documents specifically required to deliver the Statement of Works;
- access to the Client’s personnel; and
- all other information pertinent to the Statement of Works and/or set out in the Project documentation necessary for completion of the Services.
The following Services will not be provided (unless expressly provided for and factored into the Statement of Works and Fee):
- travel to (including flights and accommodation) and attendance at meetings;
- any work arising after issue of the final report;
- implementation (where this type of work does not form part of the services).
Where the above items are required but have not been provided for by the Statement of Works can be provided at Pure Bold’s standard rates.