Terms and Conditions

1. Services

• 1.1 In consideration of your payment of the Price, we will provide the Services in accordance with this Agreement, whether ourselves or through our Personnel.
• 1.2 If this Agreement expresses a time within which the Services are to be supplied, we will use reasonable endeavours to provide the Services by such time, but you agree that such time is an estimate only.

2. Variations

• 2.1 You may request a variation or change to the Services, including the timing for the supply of the Services (Variation), by providing written notice to us.
• 2.2 We will not be obliged to comply with a Variation Request unless we accept it in writing. Variations are to be priced based on the agreed rates or on a lump sum basis.

3. Client Obligations

• 3.1 You agree to comply with this Agreement, all applicable laws, and our reasonable requests.
• 3.2 You must provide us with all documentation, information, instructions, and cooperation reasonably necessary to enable us to provide the Services.

4. Price and Payment

• 4.1 The Client will pay to the Consultant the Price, reimbursable Expenses, and an amount equivalent to the Goods and Services Tax (GST) imposed on these charges.
• 4.2 Unless otherwise specified, we may issue invoices to you on a monthly basis on a percentage complete basis. You must pay the amount in the invoice within 30 days of the date of the invoice.

5. Late Payments and Default

• 5.1 If any payment has not been made in accordance with the payment terms, we may, after a period of 5 Business Days from the relevant due date, cease providing the Services and recover as a debt due our reasonable additional costs (including all recovery/debt collection costs).
• 5.2 We may charge interest at a rate equal to the Reserve Bank of Australia’s cash rate plus 2% per annum, calculated daily and compounding monthly, on any amounts unpaid after the due date.

6. Intellectual Property

• 6.1 Gamcorp owns all Intellectual Property Rights in our materials and any new materials developed or created in connection with this Agreement.
• 6.2 We grant you a non-exclusive, revocable, royalty-free, non-transferable right and licence to use our materials provided to you solely for your use and enjoyment of the Services.

7. Confidential Information

• 7.1 Each party agrees not to disclose the Confidential Information of the other party to any third party (unless required by law), to protect it from unauthorised disclosure, and to only use it for the purpose of performing obligations under this Agreement.

8. Liability

• 8.1 Despite anything to the contrary but subject to your Consumer Law Rights, neither party will be liable for Consequential Loss (including loss of profit, revenue, business, or goodwill).
• 8.2 Gamcorp's aggregate liability for any Liability arising from or in connection with this Agreement will be limited to 100% of the Price.

9. Dispute Resolution

• 9.1 A Party may not commence court proceedings relating to a dispute without first meeting a representative of the other Party within 10 Business Days of notifying them of the Dispute.
• 9.2 If unresolved at that meeting, either Party may refer the Dispute to mediation administered by the Australian Disputes Centre.

10. Term and Termination

• 10.1 Either party may terminate this Agreement at any time by giving 30 days’ notice in writing.
• 10.2 This Agreement will terminate immediately upon written notice if the other party breaches a material term and the breach has not been remedied within 10 Business Days of notification, or if the other party goes bankrupt or insolvent.
• 10.3 Upon termination, you must pay for all Services provided prior to termination (whether invoiced or not). Any payments made for Services already performed are non-refundable.

11. Subcontracting

• 11.1 We may subcontract the provision of any part of the Services without your prior written consent. We remain liable for the acts and omissions of our subcontractors.

12. General

• 12.1 Assignment: A Party must not assign, novate or deal with its rights or obligations under this Agreement without the prior written consent of the other Party. We may assign or transfer any debt owed by you to a debt collector.
• 12.2 Governding Law: This Agreement is governed by the laws of Victoria, Australia.
• 12.3 Force Majeure: Neither Party will be liable for delay or failure to perform obligations (other than payment obligations) caused by a Force Majeure Event.

13. Acceptance

• 13.1 The Client may accept the terms of this Agreement by:
  • a. signing and returning a copy of this document/proposal;
  • b. accepting the proposal via the Gamcorp Client Portal; or
  • c. commencing or continuing to provide instructions and/or payment to the Consultant in relation to the Services.