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Terms of Service

Last updated: March 1, 2024

Important: These Terms of Service govern your use of the services provided by Appetitnaya Petrushka Pty Ltd (ABN: 12 345 678 901). By using our services, you agree to be bound by these terms.

1. Acceptance of Terms

By accessing and using the website, services, or content provided by Appetitnaya Petrushka Pty Ltd ("we", "our", "us", "Company"), you ("you", "your", "Client") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use our services.

These Terms constitute a legally binding agreement between you and Appetitnaya Petrushka Pty Ltd, governed by Australian law. Your continued use of our services constitutes acceptance of any modifications to these Terms.

2. Description of Services

2.1 Core Services

Appetitnaya Petrushka provides the following services:

  • Project Management Consultancy: Expert advice and guidance on digital project management tools and methodologies
  • Tool Comparison and Reviews: Comprehensive analysis and recommendations for project management software
  • Implementation Support: Assistance with implementing and optimizing project management solutions
  • Training and Education: Training programs and educational resources for project management teams
  • Content and Resources: Blog articles, guides, and industry insights
  • Newsletter Services: Regular industry updates and expert insights

2.2 Service Delivery

Our services are delivered through:

  • In-person consultations and workshops
  • Virtual meetings and online sessions
  • Written reports and documentation
  • Email and phone support
  • Online resources and content

3. Eligibility and Account Registration

3.1 Eligibility

To use our services, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into binding contracts
  • Provide accurate and complete information when requested
  • Comply with all applicable Australian laws and regulations

3.2 Account Security

If you create an account with us, you are responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use
  • Ensuring your account information remains current and accurate

4. Service Terms and Conditions

4.1 Consultancy Services

For our consultancy services:

  • Scope of Work: Will be defined in separate service agreements or statements of work
  • Professional Standards: We will provide services in accordance with industry best practices
  • Client Cooperation: You agree to provide necessary information and cooperation for service delivery
  • Timelines: Service delivery timelines will be mutually agreed upon and documented

4.2 Digital Content and Resources

Our digital content and resources are provided subject to the following:

  • License: We grant you a limited, non-exclusive license to access and use our content for business purposes
  • Restrictions: You may not redistribute, modify, or commercialize our content without written permission
  • Updates: Content may be updated or modified at our discretion
  • Accuracy: While we strive for accuracy, content is provided for informational purposes only

5. Payment Terms

5.1 Fees and Billing

Payment terms for our services:

  • Service Fees: Fees will be specified in service agreements or quotations
  • Payment Methods: We accept bank transfers, credit cards, and other approved payment methods
  • Currency: All fees are quoted and payable in Australian Dollars (AUD)
  • GST: All fees include GST where applicable

5.2 Payment Terms

  • Invoice Payment: Invoices are due within 30 days of issue unless otherwise specified
  • Late Payments: Overdue amounts may incur interest charges at the rate of 1.5% per month
  • Disputed Invoices: Payment disputes must be raised within 7 days of invoice receipt
  • Refunds: Refund policies will be specified in individual service agreements

6. Intellectual Property Rights

6.1 Our Intellectual Property

We retain all rights to our intellectual property, including:

  • Methodologies, frameworks, and processes
  • Website content, blog articles, and resources
  • Trademarks, logos, and brand materials
  • Software tools and proprietary systems
  • Training materials and documentation

6.2 Client Intellectual Property

We respect your intellectual property rights and will:

  • Not disclose your confidential information without permission
  • Use your information only for the purpose of providing services
  • Return or destroy confidential materials upon service completion
  • Acknowledge your ownership of pre-existing intellectual property

6.3 Work Product

For customized deliverables created specifically for you:

  • You will own rights to client-specific customizations
  • We retain rights to underlying methodologies and frameworks
  • Ownership terms will be specified in service agreements
  • We may use general insights for future service improvements

7. Confidentiality

7.1 Mutual Confidentiality

Both parties agree to:

  • Maintain confidentiality of all non-public information
  • Use confidential information only for agreed purposes
  • Implement appropriate safeguards to protect confidential information
  • Return or destroy confidential information upon request

7.2 Exceptions

Confidentiality obligations do not apply to information that:

  • Is publicly available through no fault of the receiving party
  • Was known prior to disclosure
  • Is independently developed without use of confidential information
  • Must be disclosed by law or court order

8. Limitations of Liability

8.1 Service Limitations

Our services are provided "as is" and we make no warranties regarding:

  • Specific outcomes or results from our recommendations
  • The suitability of recommended tools for your specific needs
  • Uninterrupted or error-free service delivery
  • Compatibility with all existing systems and processes

8.2 Liability Limits

To the maximum extent permitted by Australian law:

  • Our total liability is limited to the fees paid for the specific service
  • We exclude liability for indirect, consequential, or special damages
  • We exclude liability for business interruption or lost profits
  • Nothing in these terms excludes liability that cannot be excluded by law

9. Professional Standards and Disclaimers

9.1 Professional Advice

Our services constitute professional advice based on:

  • Industry best practices and standards
  • Our professional experience and expertise
  • Information provided by you and publicly available sources
  • Current market conditions and technology landscapes

9.2 Implementation Responsibility

You acknowledge that:

  • Implementation of our recommendations is your responsibility
  • Results may vary based on your specific circumstances
  • You should conduct your own due diligence before making decisions
  • We are not responsible for third-party product performance

10. Termination

10.1 Termination by Either Party

Either party may terminate service agreements:

  • By providing 30 days written notice
  • Immediately for material breach of these Terms
  • Immediately for insolvency or bankruptcy
  • As specified in individual service agreements

10.2 Effect of Termination

Upon termination:

  • All outstanding fees become immediately due
  • Confidentiality obligations continue indefinitely
  • We will return your confidential materials
  • Completed work product ownership transfers as agreed

11. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which forms part of these Terms. By using our services, you consent to our privacy practices as described in our Privacy Policy.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of Queensland, Australia, and you submit to the exclusive jurisdiction of the courts of Queensland for any disputes arising from these Terms or our services.

12.2 Dispute Resolution Process

In the event of a dispute, the parties agree to:

  1. Direct Negotiation: First attempt to resolve disputes through good faith discussions
  2. Mediation: If negotiation fails, engage in mediation through a mutually agreed mediator
  3. Litigation: If mediation fails, pursue resolution through Australian courts

13. Force Majeure

Neither party will be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to:

  • Natural disasters, pandemics, or health emergencies
  • Government actions, regulations, or restrictions
  • Labor disputes, strikes, or industrial action
  • Technology failures or cyber attacks
  • Supply chain disruptions or vendor failures

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between the parties and supersede all prior understandings, communications, and agreements.

14.2 Modifications

We may modify these Terms at any time by:

  • Posting updated terms on our website
  • Notifying you of material changes via email
  • Providing 30 days notice for significant modifications

14.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

14.4 Assignment

You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations to any affiliated entity or successor organization.

15. Contact Information

For questions about these Terms of Service, please contact us:

Legal Department
Appetitnaya Petrushka Pty Ltd
Level 12, 344 Queen Street
Brisbane QLD 4000
Australia

Email: [email protected]
Phone: +61 7 3123 4567
Business Hours: Monday to Friday, 9:00 AM to 5:00 PM (AEST)

16. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, term, or condition, right, or remedy implied or imposed by the Competition and Consumer Act 2010 (Cth) or any other applicable Australian consumer protection legislation that cannot be excluded, restricted, or modified.

Where we are permitted to limit our liability, our liability is limited to, at our option:

  • Re-supplying the services; or
  • Paying the cost of having the services supplied again

These Terms of Service were last reviewed and updated on March 1, 2024. We recommend reviewing these terms periodically to stay informed about your rights and obligations when using our services.

Appetitnaya Petrushka

Australia's premier digital project management tools portal, helping businesses streamline operations and boost productivity.

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Contact Info

Level 12, 344 Queen Street
Brisbane QLD 4000
Australia

Phone: +61 7 3123 4567
Email: [email protected]

© 2024 Appetitnaya Petrushka. All rights reserved. | ABN: 12 345 678 901