1. About These Terms
These terms of service (“Terms”) apply to all professional business and consulting services provided by Captured By Yasin Pty Ltd (ABN 78 703 163 535), trading in Melbourne VIC and surrounding areas, and available at https://capturedbyyasin.online. By engaging our services, requesting a quote, or using our website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not engage our services.
2. Our Services
Captured By Yasin Pty Ltd provides professional business and consulting services, which may include business advisory, operational consulting, strategy development, and related professional support. The specific scope of services, deliverables, timelines, and fees for any engagement will be set out in a written proposal, engagement letter, or statement of work agreed between you and us before work commences. Any description of services on our website is general in nature and does not form part of a binding offer.
3. Quotes and Engagement
Quotes provided by us are valid for 30 days from the date of issue unless otherwise stated in writing. A quote is an invitation to engage and is not a binding offer until we confirm the engagement in writing. Work will only commence once the scope of work has been agreed in writing and any required deposit or initial payment has been received. If you request changes to the agreed scope, we may provide a revised quote, and additional fees may apply.
4. Fees and Payment
Fees for our services are set out in the agreed quote or engagement letter. Unless otherwise agreed in writing, invoices are payable within 14 days of the invoice date. Late payments may attract interest at a rate of 2% per month on the outstanding amount, and we may suspend or cease work on unpaid engagements after giving written notice. You are responsible for any costs associated with recovering overdue amounts.
5. Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, and remedies that you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or other applicable Australian legislation. Our services come with guarantees that cannot be excluded under the Australian Consumer Law, including guarantees that services will be provided with due care and skill and will be reasonably fit for the purpose you made known to us. If you are a consumer under the Australian Consumer Law, your statutory rights apply in addition to these Terms.
6. Your Responsibilities
To enable us to deliver our services effectively, you agree to:
- Provide accurate, complete, and timely information, records, and access reasonably required for us to perform the services;
- Respond to our requests and provide feedback within reasonable timeframes;
- Ensure that any information you provide to us does not infringe the rights of any third party;
- Comply with all applicable laws in relation to your business and the engagement.
Delays caused by a failure to provide information or materials may affect timelines and may result in additional fees.
7. Confidentiality
Both parties agree to keep confidential all non-public information disclosed during the engagement, including business information, financial data, commercial arrangements, and any material marked as confidential. Confidential information may only be used for the purpose of performing the services and will not be disclosed to third parties without written consent, except where disclosure is required by law or to professional advisers bound by confidentiality obligations. This obligation survives the completion of the engagement.
8. Intellectual Property
All pre-existing intellectual property remains the property of the party that owned it before the engagement. Upon full payment of all fees, you own the deliverables created specifically for you under the engagement. We retain ownership of our methodologies, templates, frameworks, tools, and know-how, and may reuse general knowledge and skills developed during the engagement in other work, provided we do not disclose your confidential information.
9. Limitation of Liability
To the maximum extent permitted by law, our liability for any claim arising out of or in connection with the services is limited to the fees paid by you for the specific engagement giving rise to the claim. We are not liable for any indirect, consequential, or special loss, including loss of profit, revenue, or business opportunity. Where the Australian Consumer Law applies and cannot be excluded, our liability is limited, where permitted, to the re-supply of the services or the cost of having the services re-supplied. Nothing in this clause limits your rights under the Australian Consumer Law where such a limitation is not permitted.
10. Professional Advice
Our consulting services are provided for general business purposes. Our services do not constitute legal, financial, taxation, or accounting advice unless expressly agreed in writing, and you should seek independent specialist advice where such matters arise. You remain responsible for all decisions made in your business, and any implementation of our recommendations is at your discretion and risk.
11. Termination
Either party may terminate an engagement with written notice of 14 days. You remain liable for all fees for work performed up to the date of termination, including any committed costs. We may terminate an engagement immediately if you fail to pay invoices when due, breach these Terms, or if continuing the engagement would place us in breach of any law or professional obligation.
12. Privacy
We handle your personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). By engaging our services, you consent to us collecting, using, and disclosing personal information as reasonably necessary to provide the services.
13. Force Majeure
We are not liable for delays or failures in performance caused by events beyond our reasonable control, including natural disasters, pandemics, government restrictions, industrial action, utility failures, or other events outside our control. Timelines will be extended reasonably in such circumstances.
14. Amendments
We may update these Terms from time to time. The current version will always be published on this page, and the date of the most recent update will be shown below. For engagements already in progress, the Terms in force at the time the engagement commenced will apply unless otherwise agreed in writing.
15. Governing Law
These Terms are governed by the laws of Victoria, Australia. Both parties submit to the jurisdiction of the courts of Victoria and the Commonwealth of Australia in relation to any dispute arising under or in connection with these Terms.
16. Contact Us
If you have any questions about these Terms, or wish to discuss an engagement, please contact us:
Captured By Yasin Pty Ltd
ABN 78 703 163 535
Melbourne VIC, Australia
Email: ceo@capturedbyyasin.online
Website: https://capturedbyyasin.online
Last updated: 1 January 2025