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:
- Direct Negotiation: First attempt to resolve disputes through good faith discussions
- Mediation: If negotiation fails, engage in mediation through a mutually agreed mediator
- 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:
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