Terms of Service

Effective date: 1 July 2025 · Business: Limbeck Pty Ltd · ABN: 90 702 553 286

1. Acceptance of These Terms

These Terms of Service (“Terms”) apply to all consulting and advisory services provided by Limbeck Pty Ltd (ABN 90 702 553 286) (“Limbeck”, “we”, “us” or “our”) to you, the client (“you” or “your”). By engaging us, accepting a written quote, signing a proposal, or otherwise instructing us to commence work, you agree to be bound by these Terms.

If any signed engagement letter or written agreement between you and us conflicts with these Terms, the signed engagement letter or agreement will prevail to the extent of the inconsistency.

2. Our Services

Limbeck provides business consulting and advisory services, which may include strategy development, operational review, financial and performance analysis, business planning, process improvement, growth advisory, and related support services. The specific scope of services, deliverables, timelines and fees applicable to your engagement will be set out in a written quote, proposal or engagement letter provided to you before work commences.

Any advice, recommendations, reports or deliverables we provide are prepared for your internal business use in relation to the specific engagement, based on the information you supply to us and the agreed scope. They must not be relied upon by any third party, or used for any purpose outside the agreed scope, without our prior written consent.

3. Quotes, Proposals and Engagement

• Quotes and proposals are valid for 30 days from the date of issue unless otherwise stated in writing.
• An engagement commences only when you accept the quote or proposal in writing (including by email) and any agreed deposit or upfront payment has been received.
• Work outside the agreed scope will be treated as a variation and will only proceed after we have confirmed the change, its cost and its timing in writing.
• Estimated timelines are provided in good faith but may be affected by your availability, information supply, third parties and events beyond our reasonable control.

4. Fees, Invoicing and Payment

• Fees are charged as fixed fees, staged payments, or hourly/daily rates as set out in your quote or engagement letter.
• Unless otherwise agreed in writing, invoices are payable within 14 days of the invoice date.
• We may require a deposit or upfront payment before commencing work. Deposits are applied against fees for work performed.
• Overdue amounts may, in accordance with applicable law, attract interest and reasonable recovery costs, and we may suspend work on your engagement until overdue amounts are paid.
• You are responsible for any reasonable pre-approved out-of-pocket expenses (such as travel, software or third-party data purchases) incurred in delivering the services.

5. Goods and Services Tax (GST)

Unless otherwise stated, all fees, prices and estimates quoted are expressed in Australian dollars and are exclusive of GST. Where the supply of our services is a taxable supply, GST will be added to our invoices in accordance with A New Tax System (Goods and Services Tax) Act 1999 (Cth), and you agree to pay the GST amount in addition to the fees.

6. Your Responsibilities

To enable us to deliver the services effectively, you agree to:

• provide timely, complete and accurate information, records and access reasonably required for the engagement;
• nominate a point of contact authorised to make decisions and provide approvals on your behalf;
• ensure all information you provide to us is lawful and that you hold all necessary rights to share it with us;
• review deliverables and provide feedback within a reasonable time; and
• comply with all laws relevant to your business and your use of our deliverables.

We rely on the accuracy of the information you provide. We are not responsible for delays, additional costs or deficiencies arising from incomplete, inaccurate or late information.

7. Intellectual Property

Unless otherwise agreed in writing, upon full payment of our fees for the relevant deliverables, you own the final deliverables created specifically for your engagement (excluding our pre-existing materials, frameworks, templates, methodologies and know-how, which remain our property). We retain the right to use our general skills, knowledge and experience in providing services to other clients.

You grant us a limited licence to use information and materials you supply to us solely for the purpose of performing the engagement. We may, with your prior written approval, reference our work for you in marketing materials and case studies.

8. Confidentiality

Each party must keep confidential all non-public information of the other party obtained in connection with an engagement, and use it only for the purposes of the engagement. These obligations do not apply to information that is publicly available, already known to the recipient without a duty of confidence, independently developed, or required to be disclosed by law, a regulator or a professional body. Confidentiality obligations survive completion or termination of an engagement.

9. Limitation of Liability

To the maximum extent permitted by law, and except as set out in section 10:

• our services are provided on a professional advisory basis, and we do not guarantee any particular business, financial or commercial outcome, result or return;
• we are not liable for any indirect, incidental, special or consequential loss or damage, loss of profit, loss of revenue, or loss of business opportunity, however caused; and
• our total aggregate liability arising out of or in connection with an engagement is limited to the fees actually paid by you for that engagement.

You should obtain your own independent legal, financial, accounting and tax advice before acting on any recommendations we make. Our advice does not constitute legal, tax or financial product advice unless expressly agreed in writing.

10. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any rights, remedies, guarantees or protections that you have under the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded. Where our services do not meet the applicable consumer guarantees, you may be entitled to remedies under the Australian Consumer Law, and nothing in these Terms limits those rights.

Any clause in these Terms that is void or unenforceable under the Australian Consumer Law or other applicable law is severed to that extent only, and the remainder of these Terms continues in full force.

11. Suspension and Termination

• Either party may terminate an engagement by giving the other party 14 days’ written notice.
• Either party may terminate an engagement immediately by written notice if the other party commits a material breach that is not remedied within 14 days of notice of the breach, or becomes insolvent or enters external administration.
• On termination, you must pay all fees for work performed up to the date of termination, plus reasonable costs and committed expenses. Work in progress will be handed over in an agreed, reasonable form.

12. Privacy

We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). Our Privacy Policy forms part of these Terms.

13. Force Majeure

We are not liable for delays or failure to perform our obligations where the delay or failure is caused by events beyond our reasonable control, including natural disasters, pandemics, industrial action, government restrictions, power or communications failures, or the unavailability of key personnel. Where practicable, we will notify you promptly and agree on revised timelines or scope.

14. General Provisions

• Independent contractor: We act as an independent contractor. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between the parties.
• Assignment: You may not assign or transfer your rights under an engagement without our prior written consent. We may engage suitably qualified subcontractors or associates to assist in delivery, for which we remain responsible.
• Notices: Notices under these Terms must be in writing and sent to the email addresses recorded in the engagement documents, or to ceo@limbeck.site for notices to us.
• Entire agreement: These Terms, together with your quote, proposal or engagement letter and our Privacy Policy, form the entire agreement between the parties in relation to the engagement.
• Waiver: A failure or delay by a party to enforce a provision is not a waiver of that provision or any other provision.
• Severability: If any provision is held invalid or unenforceable, it is severed and the remaining provisions remain in force.

15. Governing Law

These Terms and any engagement with us are governed by the laws of Western Australia and the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia.

16. Changes to These Terms

We may update these Terms from time to time. The current version published on this page applies to engagements accepted after the effective date of the update. Material changes affecting an active engagement will be communicated to you in writing before taking effect.

17. Contact

If you have any questions about these Terms, or wish to raise a concern or complaint about our services, please contact us:

Limbeck Pty Ltd
ABN 90 702 553 286
Perth, Western Australia
Email: ceo@limbeck.site

We acknowledge all written complaints within 2 business days and will work with you in good faith to reach a fair resolution.