Terms of Business

  1. Overview
    • These terms cover all goods and services we provide. Together with our engagement letter, they make up our full agreement with you, replacing any prior agreements.
    • If there's a conflict between these terms and the engagement letter, the engagement letter takes priority.
  2. Our Services
    • We’ll deliver the services listed in the engagement letter with reasonable skill and care.
    • Changes to services need written approval from both sides
    • Our services are only for your use as outlined in the engagement letter. You can’t share our work with third parties or reference our name without our written consent.
    • We don’t take responsibility for any third-party claims related to our services, and you’ll cover any third-party costs that arise from your breach of this agreement.
  3. Your Responsibilities
    • You need to provide us with timely information, instructions, and access as needed for our work.
    • You’re responsible for the accuracy of any information you give us and ensuring we’re allowed to use it.
    • Our performance depends on your cooperation, and we aren’t liable for issues caused by delays or inaccurate information
  4. Fees, Expenses, and Payments
    • You agree to pay our fees and expenses as outlined in the engagement letter, plus GST where applicable.
    • Payments are due within 14 days of the invoice date. Late payments may lead to interest charges or suspension of services.
    • Additional charges may apply for travel, printing, or workshop administration. Any travel outside Brisbane or special workshops may have extra fees.
  5. Ethics and Integrity
    • We follow strict ethical guidelines, respecting confidentiality and privacy, and will work in good faith with you to address any ethical concerns.
  6. Confidentiality and Privacy
    • We follow Australian privacy laws and won’t share personal information unless it’s essential for our work or required by law. Both parties agree to keep each other’s information confidential.
  7. Intellectual Property
    • We retain ownership of any tools or intellectual property developed for the work. You agree not to infringe on our rights.
  8. Liability
    • Our liability is capped at three times the service fees, up to a maximum of $20 million
    • We’re not liable for any lost data, profit, or indirect damages.
  9. Electronic Communications and Tools
    • We take precautions with electronic systems and may use digital tools in providing services. Unless specified, these tools remain our property and are used at your own risk.
  10. Subcontractors
    • We may work with subcontractors, but we remain responsible for the work provided.
  11. Special Terms for Bid Teams
    • Additional terms apply if we support bid teams, including non-refundable retainers and confidentiality.
  12. Document Retention
    • We may destroy documents after seven years unless required to keep them by law.
  13. Conflicts of Interest
    • Both parties agree to disclose any potential conflicts and work through them in good faith.
  14. Termination
    • Either party can end the agreement with 30 days' notice. Any outstanding fees for completed work are still payable.
  15. Legal Framework
    • This agreement is governed by Queensland law.
  16. Definitions
    • Our, us, or we– Organisation Dynamics Pty Ltd (ACN 625 368 283, ABN 61625368283).
    • This agreemen– These terms of business and the engagement letter (or letter of proposal) that supports the services provided.
    • You or your– The client identified in our engagement letter.
    • Bid team– One or more organizations collaborating in a procurement process to be selected as a provider for an owner organization.
    • Engagement letter– Our proposal, contract, or service agreement detailing the services and fees.
    • Subscription service– Services with a fixed deliverable and monthly fee for a minimum term (e.g., survey interactive dashboards).
    • Surveys and assessments– Tools (e.g., Collaboration Index, Performance Index) used for surveys or evaluations on individuals or organizations, including third-party tools like Human Synergistics or Hogan Assessments.

    Undefined terms have their usual meanings as the context requires.