Terms & Conditions

The Contractor, Kick Business Partners Pty Ltd, trading as Kick Consulting (ABN 56 651 661 228) and the Client, Company Name.

1 Services

The Contractor hereby agrees to undertake the supply of the services outlined in this proposal provided and undertakes to comply with any reasonable requirements relating to the performance of these services, which shall be communicated in writing to the Contractor by the Client.

2 Equipment

The Contractor will supply all equipment, software and other expertise necessary for the provision of the services.

3 Software

3.1 The parties acknowledge that certain services or functionalities within this contract may rely on third-party platforms, services, or tools ("Software"). The Contractor shall make reasonable efforts to ensure compatibility and functionality with such Software at the time of execution of this contract.
3.2 The Client understands and accepts that Software may undergo updates, changes, or discontinuations beyond the control of the Contractor. In the event that a Software Platform undergoes changes rendering it incompatible with the services outlined in your contract, the Contractor shall promptly notify the Client and work diligently to find suitable alternatives or adjustments to mitigate any adverse effects on the agreed-upon services. However, the Contractor cannot be held accountable for circumstances beyond its control.
3.3 If the Client requests a change of Software, we reserve the right to review our fee and cannot guarantee the same initial outcomes scoped.

4 Payment terms

Please refer to the payment terms section.

4.1 Kick Consulting reserves the right to withhold the commencement of any project or project phase until the agreed-upon payment for said project or phase has been received. Commencement of work is contingent upon payment processing and clearance.
4.2 Any delays in payment may result in adjustments to project timelines, and Kick Consulting shall not be held liable for any resulting delays in project delivery.
4.3 In the event of late payment, the Client shall bear all costs associated with debt recovery, including collection fees and legal expenses.
4.4 No refunds will be issued for any reason once a payment is made, unless the termination is initiated by Kick Consulting.

5 Pricing Review and Meetings

5.1 Pricing shared in this proposal is valid for 60days. Kick Consulting reserves the right to revise the pricing of its unpaid services/quotes after then.
5.2 In the event the client opts to pause a project for a duration exceeding 1 month or necessitates a change in the main contact, Kick Consulting reserves the right to impose a $500 fee to cover administrative expenses associated with resuming the project. This payment will be required before resuming the project.
5.3 Kick Consulting reserves the right to charge a fee for scheduling meetings in the event of the client's no-show without appropriate notice. A "no-show" is defined as the failure to attend a scheduled meeting at the designated time without providing timely cancellation.
5.4 We allocate up to 10% of the package time to meetings. If you require more meeting time than estimated, your implementation/project manager may request to purchase an additional package of hours.

6 Rounds of feedback and the duration of the project

To keep things open and productive, we've included a three-round maximum feedback process in this contract. These rounds of feedback will let us chat, tweak, and make sure everything's running smoothly as we go along. Find our project feedback policy here.

We understand that unforeseen circumstances may arise. You can request in writing the project to be paused for a total of 2 weeks. If you require more than a 2-week pause on the project, Kick Consulting reserves the right to charge a 'reinstatement fee' to cover the internal costs of reinstating and bringing your project back on track.

7 Maintenance and ongoing support

Clients have the option to enter into a maintenance package. This package covers ongoing support, updates, and troubleshooting, with terms, costs, and renewal options to be mutually agreed upon between the client and Kick Consulting. Exclusions apply, such as issues caused by third-party integrations or unauthorized modifications.

Some integrations and automations maybe too complex for the client to maintain themselves. In those instances, Kick team will alert the client that we either don't recommend implementing it or/and they will require an ongoing maintenance package to ensure the solution stays up to date with evolving changes to Saas.

8 Intellectual Property

The ownership of any intellectual property, unless in the public domain, generated by or introduced into the services by the Contractor remains at all times with the Client unless otherwise specifically agreed in writing. All written data to be exchanged by the parties to this Agreement shall be regarded as confidential and shall remain the property of the discloser. All such written data shall be immediately returned to the discloser upon written request or at the expiry of this Agreement or earlier termination of the Agreement.

9 Sharing Restrictions

9.1 The videos shared by Kick Consulting (hereinafter referred to as "the Provider") are intended solely for the use of the client identified in the agreement (hereinafter referred to as "the Client"). The Client acknowledges and agrees that these videos are provided exclusively for their own use and benefit.
9.2 The Client understands and agrees that the rights to access and use the shared videos are non-transferable. The Client shall not transfer, assign, sublicense, or share these videos with any third party without the prior written consent of the Provider.
9.3 The shared videos may contain proprietary and confidential information owned by the Provider. The Client agrees to treat all videos and related information as confidential and shall take all necessary precautions to prevent unauthorized disclosure.
9.4 The Client expressly agrees not to publish, share, distribute, or otherwise make the shared videos available to any third party, including but not limited to, clients, partners, affiliates, or any other external entities, without the explicit written consent of the Provider.
9.5 The Client shall not use the shared videos for any purpose other than the intended use specified in the agreement. Prohibited uses include, but are not limited to, commercial exploitation, public display, broadcasting, or any other unauthorized dissemination.
9.6 All intellectual property rights, including copyrights and any other proprietary rights, in and to the shared videos shall remain the exclusive property of the Provider. Nothing in this clause shall be construed as granting the Client any rights, by implication, estoppel, or otherwise, under any intellectual property laws.
9.7 In the event of a breach of this video sharing restriction clause, the Provider reserves the right to seek injunctive relief, damages, or any other legal remedies available under applicable law.

10 Training

The Client shall undertake their remaining training hours within 30 days commencing from the day their solution goes live; if not taken within this period, these training hours will be forfeited.

11 Termination

Either party may terminate this Agreement at any time by written notice to the other party with a notice period of 14 days.