Terms & Conditions

Our standard terms and conditions are:

1. Definitions

In this Agreement:

• ‘Agreement’ means these General terms of business and any schedules or annexures hereto.
• ‘Client’ means the person or entity to whom the Services are provided in accordance with this Agreement.
• ‘Client Contact’ means the person, or persons, identified as such in writing by the Client to Stanford Consulting from time to time.
• ‘Commencement Date’ means the day Stanford Consulting commences providing the Services to the Client.
• ‘Confidential Information’ means, in the relation to a party, the information and material of that party (or related person or Related Body Corporate), that is not publicly available, including the party’s: trade secrets; strategic and corporate information; material and information relating to the methods of operation of the business; material and information relating to its clients and/or prospective clients; intellectual property; and other information which is by its nature confidential.
• ‘Fee’ means the fee payable by the Client for provision of the Services for the Term as set out in the Proposal, or as otherwise agreed in writing between the parties.
• ‘Force Majeure Event’ means any event outside the reasonable control of Stanford Consulting including acts of God, war, riots, strikes, lock outs, trade disputes, fires, break downs, mechanical failures, interruptions of transport, Government action or any other cause whatsoever, whether or not of a like nature to those specified above.
• ‘Items’ has the meaning given that term in sub-clause 8.1.
• ‘Person’ includes any natural person, partnership, association, trust, business, or other organisation or entity of any description and a person’s legal personal representative(s), successors, assigns or substitutes.
• ‘Project Material’ means resume and cover letter documentation, LinkedIn photos, selection criteria statements, video and audio recordings, personal development workshops, information and reports, and any other items developed by Stanford Consulting whilst providing the Services or related services.
• ‘Proposal’ means Stanford Consulting’s document setting out the Services and the fee for same.
• ‘Related Body Corporate’ has the same meaning as it has in the Corporations Act 2001 (Cth).
• ‘Stanford Consulting Contact’ means the person identified as such in writing by Stanford Consulting to the Client from time to time.
• ‘Stanford Consulting’ means Den Stanford ABN: 56 530 083 608 trading as Stanford Consulting.
• ‘Services’ means providing, the services specified in the Proposal, and any other services agreed in writing between Stanford Consulting and the Client from time to time.
• ‘Term’ means the period described as such in the Proposal.

2. Commencement and duration
   • The Client appoints Stanford Consulting to provide the Services in accordance with these terms and conditions.
   • This Agreement will start on the Commencement Date and will continue until terminated in accordance with its terms.
3. Provision of services
   • Stanford Consulting agrees to provide the Services to the Client as reasonably required by the Client in accordance with this Agreement.
   • Stanford Consulting will utilise the necessary skills, experience and expertise to perform the Services in accordance with this Agreement.
   • Stanford Consulting will ensure that the Services are performed with due care, skill and diligence in a professional and ethical manner and to the Client’s reasonable satisfaction.
   • The Client is to do all things reasonably necessary as requested by Stanford Consulting, to enable Stanford Consulting to provide the Services.
4. Instructions and compliance
   • Stanford Consulting will liaise with and obtain instructions concerning the provision of the Services from the Client Contact from time to time.
   • The Client will do all things reasonably requested of it by Stanford Consulting, in a timely manner.
   • Stanford Consulting will comply with all reasonable guidelines, requirements and instructions provided by the Client concerning the provision of the Services. However, it is Stanford Consulting’ obligation to determine how the Services are provided.
   • Stanford Consulting will comply with all applicable laws concerning the provision of the Services and policies and procedures issued by the Client to Stanford Consulting, including but not limited to, laws, policies and procedures relating to occupational health and safety, discrimination and harassment, security and privacy.
5. Payment of invoices and expenses
   • The Client agrees to pay the Fee in advance. The Fee is required to be paid to Stanford Consulting to accept the Proposal.
   • The Client agrees to pay all further Stanford Consulting’ invoices upon receipt of the invoice.
   • The Client will reimburse Stanford Consulting all expenses reasonably incurred by it in providing the Services.
   • If any invoice, or expense, is not paid in accordance with this Agreement, Stanford Consulting is entitled to:
     • charge interest at the rate of 10% pa, on the amount outstanding until paid; and
     • modify its timelines for providing the Services;
     • send your invoice to a debt collection agency.

which rights are in addition to any other right of Stanford Consulting.

• If this Agreement is terminated for reason of the Client’s breach of it, the balance of the Fee, if any, becomes payable immediately.
• Notwithstanding any other term of this Agreement, if Stanford Consulting provides services in addition to the Services, absent agreement as to the fee to be charged for such services, Stanford Consulting may charge a fee at an hourly rate + GST to provide such services.

6. Nature of relationship
   • The parties acknowledge and agree that Stanford Consulting provides the Services to the Client as an independent contractor, and Stanford Consulting may provide services to any third party during the period of this Agreement.
7. Termination
   • The Client and Stanford Consulting may agree in writing for this Agreement to terminate on a specified date, in which case this Agreement terminates on that date.
   • If there is no specified termination date then the Agreement terminates once the Services have been performed by Stanford Consulting.
   • Either party may immediately terminate this Agreement by written notice to the other, if at any time:
     • the other party commits a serious or persistent breach of any provision of this Agreement which is incapable of being remedied;
     • the other party (the defaulting party) fails to remedy, to the reasonable satisfaction of the other, a breach of any provision of this Agreement within five days of receiving a notice identifying the breach and requiring the breach to be remedied;
     • the other becomes subject to any form of bankruptcy or insolvency administration; or
     • the other party ceases business.

8. Intellectual property
   • Stanford Consulting shall retain all right, title and interest in all its intellectual property rights, data, documents or other materials which are provided by it for use in performing the Services (the Items).
   • The Client agrees that any Intellectual Property rights, and title to, the Project Material, will vest upon creation in Stanford Consulting.
   • The Client grants Stanford Consulting a non-exclusive and royalty free licence to use the Items in performing the services. On termination of this Agreement, Stanford Consulting shall do all things reasonably necessary to return or destroy the Items in its possession.
9. Confidentiality
   • Stanford Consulting must take all reasonably necessary steps to not disclose to any third party any Confidential Information, except:
     • if such disclosure is required during providing the Services and the person to whom the Confidential Information is disclosed warrants not to disclose the Confidential Information in accordance with this clause;
     • with the prior written consent of the Client;
     • if that part of the Confidential Information which is to be disclosed is available in the public domain (other than because of a breach by Stanford Consulting or the Representative(s) of this Agreement); or
     • if the disclosure is required by law.

10. Indemnity, liability and disclaimer
    • The Client acknowledges and agrees that Stanford Consulting does not guarantee that its provision of the Services will:
      • cause the Client to attain any position or better their performance; and/or
      • generate any level of enquiries and/or success.
    • Stanford Consulting shall indemnify the Client, and keep the Client indemnified, against any loss, cost, expense or damage suffered or incurred by the Client arising from any negligent act or omission of Stanford Consulting in the provision of the Services.
    • The entire aggregate liability of Stanford Consulting pursuant to this Agreement is limited to 100% of the fees paid to Stanford Consulting by the Client save for if the liability arises from the death, personal injury, fraud or breach of a statutory warranty.
    • Notwithstanding any other provision of this Agreement, Stanford Consulting shall not be responsible for, and shall not incur any liability in respect of, any loss, damage, cost or expense incurred or suffered by the Client in connection with:
      • any indirect, economic or consequential loss suffered by the Client;
      • the collection, deposit or credit of invalid, fraudulent or forged securities;
      • any errors made by the Client or any of its officers, employees or agents in giving instructions;
      • effecting delivery or payment against an expectation of receipt, save where such delivery or payment was contrary to local market practice;
      • any delay whilst Stanford Consulting obtains clarification or confirmation of an instruction; or
      • reasonably exercising Stanford Consulting’ right to decline to act in the absence of clarification or confirmation of an instruction, or in the event of any dispute between or conflicting claims by any person or persons with respect to any thing.

11. Force majeure
    • Stanford Consulting will not be liable for the consequences of any failure or delay in performing any of its obligations under this Agreement to the extent that such failure or delay is due directly or indirectly to any Force Majeure Event.
    • If a Force Majeure Event arises, Stanford Consulting will notify the Client in writing of the Force Majeure Event and the likely impact it will have on Stanford Consulting’s performance under this Agreement. If the Force Majeure Event affects the capacity of Stanford Consulting to complete its material obligations under this Agreement in a timely manner, Stanford Consulting may by notice to the Client terminate this Agreement without any liability whatsoever on its part arising from that termination.
12. General provisions
    • Any variation or replacement of this Agreement must be in writing and signed by the parties.
    • If any provision of this Agreement is held invalid, unenforceable or illegal for any reason, it may be deleted or modified to the extent that is necessary and this Agreement will otherwise remain in force.
    • This Agreement contains the entire understanding between the parties concerning its subject matter and supersedes all prior communications, representations, agreements and understandings between the parties.
    • A single or partial exercise or waiver of a right under this Agreement does not prevent any other exercise of that right, or the exercise of any other right.
    • A party cannot assign or otherwise transfer the benefit of this Agreement without the prior written consent of the other parties.
    • Neither party will be liable for failing to perform any obligation under this Agreement if the failure is triggered by something beyond its reasonable control. This clause does not excuse payment of monies due.
    • This Agreement is governed by the laws of New South Wales.