Terms of Service

1. Agreement to these Terms

By engaging Rohit Bisht Pty Ltd, accepting a written proposal, or using this website, you agree to be bound by these Terms of Service. If you do not agree with any part of these Terms, please do not engage our services. These Terms apply together with any proposal, quotation or statement of work we issue to you. Where a signed proposal or engagement letter conflicts with these Terms, the signed document prevails to the extent of the conflict.

2. Who we are

Rohit Bisht Pty Ltd (ABN 92 701 344 327) is an independent consulting and professional services practice based in Perth, Western Australia. In these Terms, “we”, “us” and “our” refer to Rohit Bisht Pty Ltd, and “you” and “your” refer to our client or prospective client.

3. Our services

We provide independent consulting and professional services, which may include business advisory, strategy and planning support, process improvement, project coordination, and related professional services. The specific scope, deliverables, timelines and fees for each engagement will be set out in a written proposal, quotation or statement of work agreed between us. Anything not expressly included in the agreed scope will be treated as additional work and may be quoted separately.

4. Quotes, proposals and engagement

Quotations and proposals are valid for 30 days from the date of issue unless otherwise stated in writing.
A binding agreement is formed when you accept a proposal or quotation in writing (including by email), or when you ask us to commence work following an issued proposal.
Estimates provided before scoping are indicative only and are not binding until confirmed in a written proposal.
Changes to the agreed scope must be agreed in writing by both parties. Additional work will be quoted before it is undertaken wherever practicable.

5. Fees, invoicing and payment

All fees are expressed in Australian dollars (AUD) and are exclusive of goods and services tax (GST) unless otherwise stated. Where GST applies, it will be added to our invoices at the prevailing rate.
Invoices are generally issued in accordance with the payment schedule set out in the applicable proposal, and are payable within 14 days of the invoice date.
Payment is made by electronic bank transfer using the account details shown on the invoice. We do not accept responsibility for payments made to any account other than the account stated on a valid invoice.
If an invoice remains unpaid beyond its due date, we may suspend work, withhold deliverables and charge reasonable late-payment costs to the extent permitted by law.
Disbursements and reasonable pre-approved expenses incurred on your behalf may be on-charged at cost.

6. Your responsibilities

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

provide accurate, complete and timely information, records and access reasonably required for the engagement;
respond to requests for feedback, approvals and decisions within a reasonable time;
ensure you have the right to share any material you provide to us, including information about third parties;
comply with all laws applicable to your business and your use of the deliverables; and
nominate a primary point of contact authorised to make decisions on your behalf.

We rely on the accuracy of the information you provide. We are not responsible for delays or deficiencies caused by incomplete, late or inaccurate information supplied by you or your representatives.

7. Timelines and delays

Any dates or timeframes we indicate are estimates given in good faith. While we will use reasonable endeavours to meet agreed timelines, time is not of the essence. We will notify you as soon as reasonably practicable if a delay is likely, and we will work with you to agree a revised approach. We are not liable for delays caused by events outside our reasonable control or by your failure to meet your responsibilities under clause 6.

8. Intellectual property

We retain ownership of our pre-existing materials, methodologies, frameworks, templates, tools and know-how, together with all intellectual property rights in them.
On full payment of the relevant fees, you are granted a perpetual, non-exclusive, royalty-free licence to use, and where appropriate adapt, the deliverables created specifically for you for your internal business purposes.
Unless otherwise agreed in writing, ownership of final paid deliverables prepared specifically for you (excluding our pre-existing materials) vests in you on payment.
You retain ownership of all materials you provide to us. You grant us a limited licence to use those materials solely for the purpose of providing the services.
Neither party may use the other party’s name, logo or trademarks without prior written consent, except as required to perform the engagement or as permitted by law.

9. Confidentiality

Each party must keep confidential all non-public information disclosed by the other party in connection with an engagement, and use it only for the purpose of performing the engagement. This obligation does not apply to information that is or becomes public other than through a breach of confidentiality, was lawfully known to the recipient beforehand, is independently developed, or must be disclosed by law or by a regulator or court. This obligation survives the end of an engagement.

10. Australian Consumer Law

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

Under the Australian Consumer Law, services we supply to consumers come with guarantees that cannot be excluded, including that the services will be provided with due care and skill, will be reasonably fit for any purpose you make known to us, and will be supplied within a reasonable time.

If we breach a guarantee that cannot be excluded, and the failure is not a major failure, our liability is limited, at our option, to supplying the services again or paying the cost of having the services supplied again. You may also be entitled to other remedies where the failure is a major failure.

11. Limitation of liability

Subject to clause 10, and to the maximum extent permitted by law:

all conditions, warranties and representations not expressly set out in these Terms or the applicable proposal are excluded;
we are not liable to you for any indirect, incidental, special or consequential loss, or for loss of profit, revenue, goodwill or anticipated savings, however caused; and
our total aggregate liability arising out of or in connection with an engagement is limited to the fees you actually paid to us for the services to which the claim relates in the six months immediately preceding the event giving rise to the claim.

This clause does not apply to liability that cannot be limited by law, including liability arising under the Australian Consumer Law as described in clause 10.

12. Third-party materials

Our services and deliverables may reference or rely on third-party software, platforms, data or content. We do not control third-party materials and make no warranty about them. Any use of third-party products or services is subject to the relevant third party’s terms, and any fees for those products or services are your responsibility unless expressly included in a proposal.

13. Privacy

We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. By engaging us, you consent to us collecting, using and disclosing personal information as described in that policy, where reasonably required to provide the services.

14. Suspension and termination

Either party may terminate an engagement by giving at least 14 days’ written notice, unless the applicable proposal states a different notice period.
Either party may terminate an engagement immediately by written notice if the other party commits a material breach that is not remedied within 10 business days of notice of the breach, or becomes insolvent.
On termination, you must pay all fees for work performed and expenses incurred up to the termination date, and we will deliver any completed or substantially completed work product to the extent already paid for.
Clauses relating to intellectual property, confidentiality, Australian Consumer Law, limitation of liability, privacy and governing law survive termination.

15. 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.
Force majeure: Neither party is liable for a failure to perform obligations (other than payment obligations) caused by events beyond its reasonable control.
Assignment: You may not assign an engagement without our prior written consent. We may assign our rights with notice to you.
Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force.
Waiver: A failure to enforce a provision is not a waiver of that provision or any other provision.
Entire agreement: These Terms, together with the applicable proposal, form the entire agreement between the parties in respect of the services, and supersede prior discussions and representations.
Changes: We may update these Terms from time to time by publishing a revised version on this page. The version current at the date an engagement commences applies to that engagement unless varied in writing.

16. Contact and governing law

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia, and the parties submit to the jurisdiction of the courts of Western Australia and the courts competent to hear appeals from them. If a dispute arises, the parties agree to first attempt to resolve it in good faith by direct discussion before commencing formal proceedings.

Questions or notices regarding these Terms may be sent by email to ceo@rohitbisht.site.

Rohit Bisht Pty Ltd
ABN 92 701 344 327
Perth, Western Australia