1. About These Terms
These Terms of Service (“Terms”) apply to all services supplied by Byfla Pty Ltd (ABN 90 703 023 821) (“Byfla”, “we”, “us” or “our”) to you (“the Client”). By engaging our services, requesting a quote, accepting a proposal or making a payment to us, you agree to be bound by these Terms.
If you do not agree with these Terms, please do not engage our services. If you have any questions, contact us at ceo@byfla.online.
2. Our Services
Byfla Pty Ltd provides professional business and consulting services, which may include business advisory, strategic planning, operational review, process improvement, market and research support, and related consulting work. The specific scope of services for each engagement will be set out in a written proposal, statement of work or engagement letter provided to you (“Engagement Document”).
Work performed outside the agreed scope may require a variation and additional fees, which we will discuss with you before proceeding.
3. Quotes and Engagements
Quotes provided by Byfla are valid for 30 days from the date of issue unless otherwise stated in writing. A quote is an estimate of the fees for the described scope of work and is not a binding offer until accepted by you and confirmed by us.
An engagement commences when we confirm acceptance of your instructions in writing. We reserve the right to decline any engagement at our discretion.
4. Fees, Invoicing and Payment
- Fees for our services are set out in the applicable quote or Engagement Document and are quoted in Australian dollars (AUD) unless otherwise agreed.
- Goods and services tax (GST) may apply to our fees where applicable and will be shown separately on invoices.
- Invoices are payable within 14 days of the date of the invoice unless alternative payment terms are agreed in writing.
- Overdue amounts may attract interest and reasonable costs of recovery, and we may suspend work on an engagement until outstanding amounts are paid.
- Expenses reasonably incurred in performing the services (such as travel or third-party software costs) will only be charged where agreed in advance in writing.
5. Client Responsibilities
To enable us to perform our services effectively, you agree to:
- provide accurate, complete and timely information, documents and access reasonably required for the engagement;
- ensure that information you provide complies with all applicable laws, including privacy and consumer laws;
- nominate a contact person authorised to provide instructions and approvals;
- provide timely feedback and decisions so that agreed timeframes can be met; and
- use any deliverables, reports or recommendations for lawful purposes only.
We rely on the accuracy of the information you supply. We are not responsible for delays or deficiencies arising from incomplete, inaccurate or late information provided by you or third parties.
6. Deliverables and Timeframes
Any dates or timeframes we provide are estimates made in good faith. While we use reasonable endeavours to meet agreed timelines, time is not of the essence, and we are not liable for delays caused by circumstances beyond our reasonable control, including reliance on third parties or delayed client input.
Deliverables are provided for the specific purpose described in the Engagement Document and should not be relied upon for any other purpose without our prior written consent.
7. Intellectual Property
All pre-existing intellectual property owned by Byfla, including our methodologies, templates, frameworks, tools and know-how, remains our property or the property of our licensors.
Upon full payment of the relevant fees, you are granted a non-exclusive, non-transferable licence to use the deliverables prepared specifically for you for your internal business purposes. We retain the right to reuse general knowledge, skills and experience developed during the engagement.
You retain ownership of materials you provide to us, and you grant us a licence to use those materials solely for the purpose of performing the services.
8. Confidentiality
Each party agrees to keep confidential all non-public information received from the other party in connection with an engagement, and to use such information only for the purpose of performing the engagement. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law, provided that, where lawful, we give you notice before any required disclosure.
These confidentiality obligations survive the completion or termination of an engagement.
9. Australian Consumer Law — Consumer Guarantees
Nothing in these Terms excludes, restricts or modifies any rights that 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 legislation, including statutory consumer guarantees relating to the supply of services.
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with our services, you are entitled to cancel your engagement with us and, where applicable, receive a refund for the unconsumed value of the services. For minor failures, we are entitled to rectify the failure within a reasonable time.
If you believe a consumer guarantee has not been met, please contact us at ceo@byfla.online so we can work with you to resolve the matter.
10. Limitation of Liability
To the fullest extent permitted by law, and except for liability that cannot lawfully be excluded (including liability under the Australian Consumer Law), our total aggregate liability arising out of or in connection with an engagement is limited to the fees paid by you for the specific services giving rise to the claim.
We are not liable for indirect, incidental, special or consequential loss, including loss of profit, revenue, goodwill, data or business opportunity, however caused.
Where the Australian Consumer Law applies and permits limitation, our liability for a failure to comply with a consumer guarantee is limited, at our option, to re-supplying the services or paying the cost of having the services re-supplied.
11. Suspension and Termination
Either party may terminate an engagement by giving 14 days’ written notice to the other party. We may suspend or terminate an engagement immediately if you fail to pay amounts due, breach a material term of these Terms, or if continuing the engagement would place us in breach of the law or our professional obligations.
On termination, you remain liable for fees for work performed and expenses incurred up to the date of termination. We will use reasonable endeavours to deliver completed work products to you where fees have been paid.
12. Privacy
We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy, available at privacy.html. By engaging our services, you consent to the collection, use and disclosure of information as described in that policy.
13. Changes to These Terms
We may update these Terms from time to time. The current version will always be published on this page. The Terms in force at the time you accept a quote or engage our services will apply to that engagement, unless we agree otherwise in writing.
14. General
- If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force.
- These Terms are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.
- These Terms, together with any Engagement Document, constitute the entire agreement between the parties in respect of the engagement.
15. Contact Us
Byfla Pty Ltd (ABN 90 703 023 821)
Melbourne VIC, Australia
Email: ceo@byfla.online
Website: byfla.online
Last updated: 2 January 2025