Terms of Service

1. Introduction and acceptance

These Terms of Service (the Terms) form the basis on which MJSB Group Pty Ltd (ABN 86 703 440 591) (we, us, our or MJSB Group) provides professional business and consulting services and makes its website at https://mjsbgroupau.website (the Website) available to you.

By browsing the Website, submitting an enquiry, requesting a quote or engaging our services, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree with these Terms, please stop using the Website and do not proceed with an engagement.

2. About MJSB Group Pty Ltd

MJSB Group Pty Ltd is an Australian proprietary limited company with its principal place of business in Melbourne VIC, Australia, trading under ABN 86 703 440 591. We deliver professional business and consulting services, including strategy, operations, performance and advisory support, primarily to small and medium-sized enterprises, founders and not-for-profit organisations.

References in these Terms to “you” or “your” mean the individual, business or organisation that uses the Website or engages our services and, where the context requires, any officer, employee or agent acting on that party’s behalf.

3. Our services and engagement documents

An overview of our service categories is set out on our Services page. The specific scope, deliverables, milestones, timelines and fees applicable to your matter will be recorded in a written engagement letter, proposal or statement of work (the Engagement Documents) that we provide before work begins.

These Terms apply to every engagement. If there is any inconsistency between these Terms and Engagement Documents accepted by both parties, the Engagement Documents prevail to the extent of the inconsistency.

4. Quotes, proposals and variations

• 4.1 Quotes provided through our quote form or by email are indicative offers prepared on the information available at the time and are valid for 30 days from the date of issue unless the quote states otherwise.
• 4.2 A quote becomes binding only when accepted in writing (including by email) and any commencement requirement described in the Engagement Documents has been satisfied.
• 4.3 If the scope of your matter changes, or additional information emerges that materially affects the work, we will raise a written variation before proceeding. Work outside the agreed scope may attract additional fees.
• 4.4 Acceptance of a quote or your instruction to commence work confirms your acceptance of these Terms and the applicable Engagement Documents.

5. Fees, invoicing and GST

• 5.1 Unless stated otherwise, all fees are quoted and invoiced in Australian dollars (AUD) and are exclusive of Goods and Services Tax (GST). Where GST applies, it is payable in addition to the quoted fees in accordance with A New Tax System (Goods and Services Tax) Act 1999 (Cth).
• 5.2 Invoices are issued progressively or on completion as set out in the Engagement Documents and are payable within 14 days of the date of issue unless another period is agreed in writing.
• 5.3 Pre-approved out-of-pocket expenses and disbursements incurred in delivering your work will be itemised and on-charged at cost, with supporting documentation where reasonably practicable.
• 5.4 If an invoice remains unpaid past its due date, we may pause delivery of the affected services and recover our reasonable costs of pursuing the debt, in addition to any other rights available at law.
• 5.5 If you dispute an invoice, contact us promptly at ceo@mjsbgroupau.website so we can work towards a fair resolution without unnecessary formality.

6. Australian Consumer Law guarantees

6.1 Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies that apply under the Australian Consumer Law, being Schedule 2 of the Competition and Consumer Act 2010 (Cth), or under any other law that cannot lawfully be excluded.

6.2 Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For a major failure with the services, you are entitled:

• to cancel your service contract with us; and
• to a refund for the unused portion of the fees, or to compensation for their reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage caused by a failure in our services.

6.3 For minor failures, we may provide a remedy such as re-supplying or re-performing the affected services within a reasonable time.

6.4 Where you acquire our services wholly or predominantly for the purposes of a business, some consumer guarantee protections may not apply. In those cases, clause 12 applies to the fullest extent permitted by law.

7. General information, not professional advice

Content published on the Website, including articles, guides and examples, is general information only. It does not take account of your objectives, financial situation or needs, and it does not constitute legal, financial, taxation, accounting or other licensed professional advice. You should obtain appropriately qualified advice before acting on anything published on the Website.

Case studies or outcomes described anywhere on the Website are illustrative. No particular result, return or outcome is promised or guaranteed, and results depend on many factors beyond our control.

8. Your responsibilities

You agree to:

• provide accurate, complete and timely information, together with reasonable access to the personnel, records and systems we need to perform the services;
• give decisions, approvals and feedback within the timeframes set out in the Engagement Documents;
• use deliverables only for the purposes described in the Engagement Documents and comply with all applicable laws in doing so; and
• notify us promptly if anything changes that may affect scope, timing or fees.

Delays caused by information or approvals not being provided may affect agreed timetables and, where applicable, fees.

9. Acceptable use of the Website

You may access and view the Website, and download or print pages, for your own personal or internal business use. You must not, without our prior written consent:

• systematically extract, scrape or reuse substantial parts of the Website’s content;
• resell, sublicense or otherwise represent Website content as your own;
• interfere with, disrupt or attempt to gain unauthorised access to the Website, its hosting environment or related systems;
• introduce malware, or use automated tools in a way that degrades Website performance; or
• use the Website in breach of any applicable Australian law, or to impersonate any person or misrepresent an affiliation.

We may suspend or withdraw access to the Website, in whole or in part, where reasonably necessary.

10. Intellectual property

10.1 All content on the Website, including text, graphics, logos and layout, is owned by or licensed to MJSB Group Pty Ltd and is protected by Australian and international copyright and trade marks law. © MJSB Group Pty Ltd. All rights reserved.

10.2 Subject to receipt of full payment, you are granted a non-exclusive, non-transferable licence to use the deliverables produced for you for the internal business purposes described in the Engagement Documents.

10.3 We retain all rights in our pre-existing methodologies, templates, frameworks, know-how and tools, and in any generic concepts or techniques developed in the course of delivering services.

10.4 Rights in third-party materials incorporated into deliverables remain with the relevant owner and are used by you under any licence terms applicable to those materials.

11. Confidentiality and privacy

11.1 Each party must keep the other party’s confidential information secure and use it only for the purposes of the engagement. This obligation does not apply to information that is public without breach of confidence, independently developed, or required to be disclosed by law or a professional regulator, with reasonable notice to the other party where lawful.

11.2 We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy, which explains what we collect, why we collect it, and how you can request access to or correction of your information.

11.3 We will only reference your name, brand or an identifiable engagement in our marketing with your prior written consent.

12. Limitation of liability

12.1 To the fullest extent permitted by law, we are not liable to you for indirect, incidental, special or consequential loss, loss of profit, loss of anticipated savings, loss of data or business interruption, however caused, arising out of or in connection with the services or the Website.

12.2 To the fullest extent permitted by law, our total aggregate liability arising out of or in connection with an engagement is limited to the fees you actually paid to us for the services giving rise to the claim in the three (3) months immediately preceding the event.

12.3 Clauses 12.1 and 12.2 do not apply to the extent that liability cannot lawfully be limited or excluded, including liability for breach of a consumer guarantee under the Australian Consumer Law, or liability arising from our fraud, willful misconduct or negligence causing personal injury.

12.4 The Website is provided on an “as is” basis. We do not warrant that it will be continuously available, error-free or free of harmful code.

13. Third-party links and materials

The Website may contain links to third-party websites, software or resources. Those links are provided for convenience only and do not signify endorsement. We have no control over third-party content and accept no responsibility for it. Your dealings with any third party are solely between you and that third party.

14. Suspension and termination

14.1 Either party may terminate an engagement in accordance with the termination rights set out in the Engagement Documents, or immediately by written notice if the other party commits a material breach that is not remedied within 10 business days of written notice of the breach, or becomes insolvent.

14.2 On termination, you must pay us for services properly performed and expenses properly incurred up to the effective date of termination. Where practicable, we will hand over completed work product already paid for by you.

14.3 Clauses relating to intellectual property, confidentiality, liability and governing law survive the termination or expiry of an engagement.

15. Changes to these Terms

We may revise these Terms from time to time. The current version is always published on this page with a “Last updated” date at the top. For engagements already underway, the version of these Terms in force when the engagement commenced, together with the Engagement Documents, continues to apply until that engagement concludes. Material changes affecting future engagements will be highlighted on the Website or communicated to you before you accept a new quote.

16. Governing law and disputes

16.1 These Terms and every engagement are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.

16.2 Before commencing proceedings (other than for urgent injunctive relief), the parties agree to attempt to resolve any dispute in good faith through direct discussion between senior representatives for at least 20 business days from written notice of the dispute.

16.3 Nothing in this clause limits your rights under the Australian Consumer Law, including your right to seek remedies for a failure to comply with consumer guarantees.

17. General provisions

• 17.1 Entire agreement. These Terms, together with the Engagement Documents, constitute the entire agreement between the parties regarding their subject matter and supersede all prior discussions and representations.
• 17.2 Severability. If any provision is held invalid or unenforceable, it is severed and the remaining provisions continue in full force.
• 17.3 Waiver. Our failure to enforce a provision is not a waiver of that provision or of any other provision.
• 17.4 Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may subcontract parts of our services but remain responsible for performance and for our confidentiality obligations.
• 17.5 Electronic acceptance. These Terms may be accepted electronically, and electronic signatures or email acceptances have full effect under the Electronic Transactions (Victoria) Act 2000 (Vic) and the Electronic Transactions Act 1999 (Cth).

18. Contact us

Questions, concerns or requests relating to these Terms can be directed to:

MJSB Group Pty Ltd
ABN 86 703 440 591
Melbourne VIC, Australia
Email: ceo@mjsbgroupau.website

Please include “Terms of Service enquiry” in the subject line and allow up to two business days for a reply. We respond to all legitimate enquiries by email.