Terms of Service

1. About These Terms

These Terms, together with any written quote, proposal or engagement letter we issue, form the agreement between you and MJKT Enterprises Pty Ltd in respect of the services we provide. If there is any inconsistency between a signed engagement letter and these Terms, the engagement letter will prevail to the extent of that inconsistency.

2. Our Services

We provide diversified enterprise services, including administrative support, business advisory and coordination, project assistance, procurement and logistics coordination, and related commercial services. The specific scope, deliverables, timelines and fees for any engagement will be set out in the applicable quote or proposal provided to you.

Any estimates of timeframes or outcomes are given in good faith but are not guarantees, as actual outcomes may depend on factors beyond our reasonable control.

3. Quotes and Engagement

• Quotes provided by us are valid for 30 days from the date of issue unless otherwise stated in writing.
• A binding engagement arises only when you accept a quote or proposal in writing (including by email) and any required deposit has been received.
• Work outside the agreed scope will be quoted separately and will not commence until you approve the additional scope in writing.

4. Fees, Invoicing and Payment

• All fees are quoted in Australian dollars (AUD) and are exclusive of GST, which will be added where applicable.
• Invoices are payable within 14 days of the invoice date unless otherwise agreed in writing.
• Overdue amounts may accrue interest at a rate of 2% per month, and we may suspend services until outstanding amounts are paid.
• You are responsible for any reasonable costs we incur in recovering overdue amounts.

5. Your Obligations

You agree to provide accurate, complete and timely information, access and approvals reasonably required for us to perform the services. You confirm that any materials, data or instructions you provide to us are lawful and that you hold all necessary rights to provide them.

6. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified by agreement.

If you are a consumer for the purposes of the Australian Consumer Law, our services come with guarantees that cannot be excluded, including that services will be rendered with due care and skill and will be reasonably fit for purpose. Our liability for a failure to comply with a consumer guarantee that cannot be excluded is limited, to the extent permitted by law, to the supplying of the services again or the payment of the cost of having the services supplied again.

7. Limitation of Liability

To the fullest extent permitted by law, and subject to section 6 above, we are not liable for any indirect, incidental or consequential loss, including loss of profit, revenue, data or business opportunity, arising from the services. Our total aggregate liability arising out of or in connection with any engagement is limited to the fees paid by you for the specific service giving rise to the claim.

8. Intellectual Property

All intellectual property we create in the course of delivering services, including templates, frameworks, processes and documentation, remains our property unless expressly assigned to you in writing. Upon full payment of relevant invoices, you receive a licence to use deliverables prepared specifically for you for your ordinary business purposes. You retain ownership of materials you supply to us.

9. Confidentiality

Each party will keep confidential all non-public information received from the other party in connection with an engagement and will not disclose it to any third party without prior written consent, except where disclosure is required by law or is necessary to perform the services using appropriately bound personnel or contractors.

10. Privacy

We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). By engaging our services, you consent to the collection, use and disclosure of personal information as described in that policy.

11. Subcontracting

We may engage suitably qualified subcontractors or consultants to assist in delivering services. We remain responsible for the performance of the services under these Terms and will ensure subcontractors are bound by confidentiality obligations no less protective than those in these Terms.

12. Suspension and Termination

• Either party may terminate an engagement by giving 14 days’ written notice to the other party.
• We may suspend or terminate services immediately if you fail to pay undisputed invoices when due, or if you materially breach these Terms and fail to remedy the breach within 7 days of written notice.
• On termination, you must pay for all services performed and expenses reasonably incurred up to the date of termination.

13. Force Majeure

We are not liable for delay or failure to perform our obligations where the delay or failure is caused by an event beyond our reasonable control, including natural disasters, industrial action, utility or network failures, government restrictions or pandemics. We will notify you as soon as reasonably practicable and resume performance when the event ceases.

14. Dispute Resolution

If a dispute arises, the parties will first attempt to resolve it in good faith by direct negotiation between authorised representatives. If the dispute is not resolved within 30 days, the parties may agree to mediation before resorting to formal proceedings, without limiting either party’s rights under the Australian Consumer Law.

15. Governing Law

These Terms 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 website applies to any engagement commenced after the date of publication. Material changes affecting an existing engagement will be communicated to you in writing.

17. Contact

Questions about these Terms of Service can be directed to:

MJKT Enterprises Pty Ltd
ABN 82 702 160 325
Perth, WA, Australia
Email: ceo@mjktpty.site
Website: https://mjktpty.site