Terms of Service

Last updated: 1 January 2025

1. Agreement to These Terms

These Terms of Service (“Terms”) govern your access to and use of the website thegroundagency.online and any professional business and consulting services provided by The Ground Agency Pty Ltd (ABN 96 703 577 100) (“we”, “us”, “our”). By engaging our services or using this website, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.

2. About Us

The Ground Agency Pty Ltd is an Australian company registered under ABN 96 703 577 100, based in Melbourne VIC. We provide professional business and consulting services to clients across Australia. You can contact us at ceo@thegroundagency.online.

3. Scope of Services

The specific services to be provided, deliverables, timelines and fees will be set out in a written proposal, engagement letter or statement of work agreed between you and us. In the event of any conflict between these Terms and an executed engagement document, the engagement document will prevail to the extent of the conflict.

4. Quotes and Engagement

Quotes provided through this website or by email are indicative and valid for 30 days unless otherwise stated. A binding engagement arises only when you accept our written proposal and we confirm acceptance. We may decline any engagement at our discretion.

5. Fees and Payment

Fees are as set out in the applicable proposal or engagement document. Unless otherwise agreed in writing, invoices are payable within 14 days of the invoice date. Late payments may attract interest at the rate specified in the engagement document or, where none is specified, at a reasonable commercial rate. You are responsible for any taxes applicable to the services, other than Australian GST which will be itemised on our invoices where applicable.

6. Client Responsibilities

You agree to provide timely, accurate and complete information and access reasonably required for us to perform the services. We may adjust timelines or fees where delays or additional work result from information not being provided as agreed.

7. Professional Advice Disclaimer

Our services and any content on this website are provided for general information purposes and do not constitute financial, legal, taxation or other regulated professional advice. You should obtain independent advice appropriate to your circumstances before acting on any information or recommendations we provide.

8. Intellectual Property

All content on this website, including text, design and branding, is owned by or licensed to The Ground Agency Pty Ltd and is protected by Australian and international intellectual property laws. Upon full payment, you receive ownership of deliverables specifically created for you under the engagement, except that we retain ownership of our pre-existing methodologies, tools and know-how, and the right to reuse general skills and knowledge.

9. Confidentiality

Each party will keep confidential information received from the other party confidential and use it only for the purposes of the engagement, except where disclosure is required by law or the information is publicly available through no breach of these Terms.

10. Limitation of Liability

To the maximum extent permitted by law, our total liability arising out of or in connection with the services or these Terms is limited to the fees paid by you for the services giving rise to the liability. We are not liable for indirect, incidental, special or consequential loss, including loss of profits, revenue or data.

11. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any rights you may have under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other applicable consumer protection laws that cannot be excluded. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a refund, resupply or compensation for services that are not supplied with due care and skill, are not reasonably fit for purpose, or are not supplied within a reasonable time.

12. Third-Party Links and Materials

This website may contain links to third-party websites or resources. These are provided for convenience only and do not imply endorsement. We are not responsible for the content or practices of third-party websites.

13. Privacy

Our collection, use and disclosure of personal information is governed by our Privacy Policy, which forms part of these Terms.

14. Termination

Either party may terminate an engagement with written notice in accordance with the applicable engagement document. Upon termination, you remain liable for fees for work performed up to the date of termination.

15. Force Majeure

We are not liable for delays or failures in performance caused by events beyond our reasonable control, including natural disasters, pandemics, industrial action, or disruptions to essential services.

16. Governing Law

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

17. Changes to These Terms

We may update these Terms from time to time. The current version published on this website applies to any use of the website and, to the extent consistent with an executed engagement document, to ongoing engagements. Continued use of the website after changes are published constitutes acceptance of the updated Terms.

18. Contact

For questions about these Terms, please contact The Ground Agency Pty Ltd at ceo@thegroundagency.online or via our contact page.