01 Scope of Services
MyCD agrees to perform for the benefit of the named entity in the Proposal (“Client”) the services listed in the Scope of Services (“Services”) section in the Proposal.
02 Fees and Additional Services
The Client agrees to pay MyCD for Services in accordance with the arrangement outlined in the Proposal. It is the nature of management consulting that additional services may be required. Added services must be agreed by both parties via separate letter or email and, when agreed, are automatically added to the Services.
03 Confidentiality
MyCD confirms that all information relating to the Client’s business will be kept confidential by MyCD, except to the extent that such information is required to be divulged to associates in order to enable MyCD to perform the Services. Confidential information is information which relates to research, development, trade secrets or business affairs, but does not include information which is in the public domain.
04 Independent Contractor
MyCD is an independent contractor and neither MyCD nor MyCD’s staff or contractors shall be deemed to be employed by the Client. The Client is hereby contracting with MyCD for the Services, and MyCD reserves the right to determine the method, manner and means by which the Services will be performed if not stated in the Proposal. MyCD is not required to perform the Services during a fixed hourly or daily time and if the Services are performed at the Client’s premises, then MyCD’s time spent at the premises is to be at the discretion of the MyCD; subject to the Client’s normal business hours and security requirements.
05 Warranties and Limitation of Liability
MyCD warrants to the Client that the material, analysis, data, programs and services to be delivered or rendered hereunder, will be of the kind and quality designated and will be performed by qualified personnel. MyCD makes no other warranties, whether written, oral or implied, including without limitation, warranty of fitness for purpose or merchantability. In no event shall MyCD be liable for special or consequential damages, either in contract or tort, whether or not the possibility of such damages has been disclosed to MyCD in advance or could have been reasonably foreseen by MyCD, and in the event this limitation of damages is held unenforceable then the parties agree that by reason of the difficulty in foreseeing any possible damages total liability to the Client shall be limited to One Hundred Dollars ($100.00) as liquidated damages and not as a penalty.
06 Intellectual Property
MyCD shall have all copyright and patent rights with respect to all materials developed by MyCD under this Proposal, and the Client is hereby granted a non-exclusive license to use and employ such materials within the Client’s business in perpetuity or for the nominated period, if any.
07 Acceptance and Changes
The Client accepts the Proposal by purchase order or letter or email requesting MyCD to commence providing the Services. The Client may request any changes to these Terms and Conditions. Where changes to the Terms and Conditions are requested, there is no agreement until MyCD and Client agree in writing to any such changes. On acceptance of the Proposal MyCD may, at its discretion, take reasonable action and expend reasonable amounts of time and money based on such acceptance.
08 Entire Agreement
No other agreements, representations, warranties, or other matters, oral or written, purportedly agreed to or represented by or on behalf of MyCD by any of its employees or agents, or contained in any sales materials or brochures, shall be deemed to bind the parties hereto with respect to the subject matter hereof. Client acknowledges that it is engaging MyCD solely on the basis of the representations contained in the Proposal and in these Terms and Conditions.
09 Severability
If the scope of any of the provisions of the Proposal, including these Terms & Conditions, is too broad in any respect whatsoever to permit enforcement to its full extent, then such provisions shall be enforced to the maximum extent permitted by law.
10 Publicity and Logo Use
Notwithstanding the confidential nature of the Services performed, MyCD is permitted to (a) disclose that it has performed work for the Client, and (b) to use the Clients Logo in MyCD’s marketing material. MyCD’s Privacy Policy is available on its website.
11 Referral Arrangements
Where the Client has engaged MyCD to perform the Services as a result of a recommendation from a MyCD connection (‘Partner’), then by accepting the Proposal, the Client consents to any arrangement between MyCD and the Partner to pay Fees, Commissions, Royalties, Marketing or Referral payments related to the performance of the Services.
12 Dispute Resolution
Any disputes that arise between the parties with respect to the performance of this contract shall be submitted to binding arbitration and the parties hereby agree to share equally in the costs of said arbitration.
13 Assignment
This Agreement may not be assigned by either party without the prior written consent of the other party. Except for the prohibition on assignment contained in the preceding sentence, this Agreement shall be binding upon and inure to the benefits of the heirs, successors and assigns of the parties hereto.
14 Governing Law
This Agreement shall be construed in accordance with the laws of the State of Victoria.
15 Payment Terms
All services by MyCD are labour related, and any disbursements, if any, have generally been paid in advance, therefore payment terms are 7 days from the date of invoice.
This summary is provided for convenience and should be read together with any specific Proposal issued by MyCash Dashboard Pty Ltd. If there is any inconsistency, the Proposal takes precedence.