Terms of Service
These Terms of Service govern the provision of professional business and consulting services by Kd & H Pty Ltd (ABN 87 703 368 138), trading through kdhgroup.online. By engaging our services or using this website, you agree to be bound by these terms.
1. About These Terms
Kd & H Pty Ltd provides business advisory, consulting and related professional services to clients across Melbourne VIC and greater Victoria. These terms, together with any written engagement letter or service agreement we issue, form the basis of our relationship with you. Where an engagement letter contains terms that differ from these Terms of Service, the engagement letter will prevail to the extent of any inconsistency.
2. Services and Engagement
The specific services we provide to you, the deliverables, timeframes and applicable fees will be set out in a written engagement letter or quote provided before work commences. We will not commence work on your behalf until you have accepted the engagement in writing, which may include written acceptance by email.
- Quotes and estimates are valid for 30 days from the date of issue unless otherwise stated.
- Any changes to the scope of the engagement must be agreed in writing and may result in adjusted fees.
- We reserve the right to decline or discontinue an engagement where a conflict of interest arises or where our professional obligations so require.
3. Fees, Invoicing and Payment
Fees for our services are set out in your engagement letter or quote and are payable in Australian dollars. Unless otherwise agreed in writing:
- Invoices are payable within 14 days of the date of issue.
- Overdue amounts may attract interest and reasonable recovery costs.
- Where applicable, GST is payable in addition to our fees and will be itemised on invoices.
- Disbursements and third-party costs incurred on your behalf will be passed on at cost or as disclosed in the quote.
4. Your Obligations
To enable us to provide our services effectively, you agree to:
- Provide accurate, complete and timely information and records relevant to the engagement.
- Respond to our reasonable requests for information within agreed timeframes.
- Ensure any information you provide is lawful and does not infringe the rights of any third party.
- Notify us promptly of any changes that may affect the engagement.
5. Intellectual Property
All methodologies, frameworks, templates, reports and other work product created by Kd & H Pty Ltd remain our intellectual property unless expressly assigned to you in writing. Upon payment of our fees, you receive a non-exclusive licence to use deliverables prepared for you for your internal business purposes. You retain ownership of the materials and information you provide to us.
6. Confidentiality and Privacy
We treat all client information as confidential and will not disclose it except with your consent, where required by law, or where disclosure is necessary to provide the services (for example, to a subcontractor bound by equivalent confidentiality obligations). Our handling of personal information is described in our Privacy Policy.
7. Limitation of Liability
Our services are provided on the basis set out in these terms and any applicable engagement letter. To the extent permitted by law, Kd & H Pty Ltd is not liable for indirect, consequential or economic loss, loss of profit, loss of data or business interruption arising from the services. Where the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) applies and cannot be excluded, our liability is limited, at our option, to the resupply of the services or the cost of having the services supplied again.
Nothing in these terms excludes, restricts or modifies any rights you have under the Australian Consumer Law, including consumer guarantees that apply to services.
8. Consumer Guarantees
Under the Australian Consumer Law, services we supply must be provided with due care and skill, be reasonably fit for the purpose you have made known to us, and be supplied within a reasonable time. You may have rights to a remedy if we fail to meet these guarantees. If you believe we have not met our obligations, please contact us at ceo@kdhgroup.online so we can work with you toward a fair resolution.
9. Suspension and Termination
Either party may terminate an engagement by written notice to the other. Upon termination, you remain liable for fees and disbursements incurred up to the date of termination. We may suspend work where payment is overdue or where you fail to provide information reasonably required to perform the services.
10. Force Majeure
We are not liable for delays or failures in performance caused by events beyond our reasonable control, including natural disasters, public health emergencies, industrial action or failures of telecommunications and internet services.
11. General
- These terms are governed by the laws of Victoria, Australia, and the parties submit to the jurisdiction of the courts of Victoria.
- If any provision of these terms is held to be invalid or unenforceable, the remaining provisions continue in full force.
- We may update these terms from time to time. The current version will always be published on this page.
- These terms do not create a partnership, joint venture, employment or agency relationship between you and Kd & H Pty Ltd.
12. Contact
Questions about these Terms of Service can be directed to:
Kd & H Pty Ltd
ABN 87 703 368 138
Melbourne VIC, Australia
Email: ceo@kdhgroup.online
Web: kdhgroup.online