1. Acceptance of Terms
By engaging NYSA Yashna Pty Ltd, requesting a quote, or using any services we provide, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, please do not engage our services. These terms apply in conjunction with any written engagement agreement or statement of work issued for a specific project.
2. About Us
NYSA Yashna Pty Ltd (ABN 86 702 553 268) is an Australian proprietary company providing professional consulting and business services, including business advisory, planning support, documentation, and operational consulting. Our registered place of business is Melbourne VIC, Australia, and we primarily serve clients throughout greater Victoria.
3. Quotes and Engagement
- All quotes issued by NYSA Yashna Pty Ltd are valid for 30 days from the date of issue unless otherwise stated in writing.
- A quote is an estimate based on the information available at the time it is prepared. Scope, timelines, and pricing may be revised if requirements change or additional information emerges.
- An engagement is formed only when you accept a quote in writing and we confirm acceptance in writing.
- Work outside the agreed scope will not commence until a revised quote or variation has been accepted in writing.
4. Fees and Payment
- Fees are payable in Australian dollars (AUD) and are exclusive of GST where GST applies.
- Payment terms are stated on each invoice, and are generally due within 14 days of the invoice date unless otherwise agreed in writing.
- Overdue accounts may attract interest or administrative fees, and we may suspend or cease work on engagements with outstanding invoices after providing written notice.
- Expenses incurred with your prior approval, such as third-party software, licences, or specialist subcontractors, may be charged in addition to our professional fees.
5. Client Obligations
To enable us to deliver our services effectively, you agree to provide timely access to accurate information, documentation, and personnel as reasonably required. You confirm that any information or materials you supply to us are lawful, that you have the right to provide them, and that they do not infringe the rights of any third party.
6. Professional Advice and Reliance
The advice, reports, and deliverables we provide are prepared for your specific purposes based on the information made available to us. Our services do not constitute legal, financial, taxation, or investment advice unless expressly agreed in writing. You should obtain independent specialist advice where appropriate before acting on our recommendations.
7. Australian Consumer Law
Nothing in these Terms of Service excludes, restricts, or modifies any rights or remedies 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 Australian consumer protection legislation.
Where you acquire our services for personal, domestic, or household purposes, our services come with guarantees under the Australian Consumer Law that cannot be excluded. These guarantees include that services will be provided with due care and skill, will be fit for the purpose made known to us, and will be supplied within a reasonable time. If we breach a consumer guarantee that cannot be excluded, you may be entitled to remedies such as resupply of the services or, in limited circumstances, a refund.
8. Limitation of Liability
To the maximum extent permitted by law, and subject to the guarantees and rights that cannot be excluded under the Australian Consumer Law:
- Our liability arising out of or in connection with any engagement is limited to the fees paid by you for the services giving rise to the claim.
- We are not liable for indirect, incidental, special, or consequential losses, including loss of profits, loss of revenue, loss of data, or loss of business opportunity.
- We are not liable for losses arising from information, materials, or instructions supplied by you that are inaccurate, incomplete, or misleading.
9. Intellectual Property
Upon full payment of our fees, you receive a licence to use the deliverables prepared for you for your internal business purposes. We retain ownership of our pre-existing methodologies, frameworks, templates, tools, and know-how, and of any intellectual property created in the course of providing services that is not specific to your deliverables. You retain ownership of materials you supply to us.
10. Confidentiality
Both parties agree to keep confidential information received from the other party secure and to use it only for the purposes of the engagement. This obligation does not apply to information that is publicly available, independently developed, required to be disclosed by law, or disclosed with the other party's written consent. Our privacy handling practices are set out in our Privacy Policy.
11. Third-Party Services
Our work may involve recommending or relying on third-party software, platforms, or service providers. We do not warrant third-party products or services, and we are not responsible for their availability, performance, or terms of use. Any arrangements you enter with third parties are at your own discretion and risk.
12. Termination
Either party may terminate an engagement by giving 14 days' written notice. Where an engagement is terminated, you remain liable for fees for work performed up to the date of termination, plus any approved expenses already incurred. Deliverables completed and paid for will be handed over to you, and deliverables in progress may be handed over on payment of work done to that point.
13. 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, utility or internet failures, or acts of government. Where such an event occurs, affected timelines will be adjusted reasonably and both parties will work in good faith to minimise disruption.
14. Dispute Resolution
If a dispute arises out of these terms or an engagement, both parties agree to first attempt resolution through good-faith discussions between senior representatives. If the dispute is not resolved within 30 days, either party may refer the matter to mediation in Melbourne VIC before commencing court proceedings, except where urgent injunctive relief is required.
15. Governing Law
These Terms of Service are governed by the laws of Victoria, Australia, and the parties submit to the jurisdiction of the courts of Victoria and the courts empowered to hear appeals from those courts.
16. Amendments
We may update these Terms of Service from time to time. The current version will always be published on this page with the date of last revision. Continued engagement of our services after an update constitutes acceptance of the revised terms. Material changes affecting active engagements will be communicated to you in writing.
17. Contact
If you have any questions about these Terms of Service, please contact NYSA Yashna Pty Ltd by email at ceo@nysayashna.online. Our business is based in Melbourne VIC, Australia.