Terms

 

1. Acceptance of Terms 

By accessing and using the website www.fallonandco.com.au, you agree to comply with and be bound by the following terms and conditions. If you do not agree to these Terms, please refrain from using our website. 

 

2. Definitions 

  • “Fallon & Co.” refers to the sole trader business operating under the name Fallon & Co., an Australian business registered under ABN: 97 577 473 561 
  • “Website” refers to www.fallonandco.com.au. 
  • “Client” refers to the party engaging in the consulting services provided by Fallon & Co. 
  • “Proposal” refers to the detailed document outlining the scope of work, fees, and payment schedules provided by Fallon & Co. at the commencement of each new project. 
  • “Services” refer to the marketing and business development consulting services offered by Fallon & Co., encompassing strategic planning, market development, branding, digital marketing, grant applications and other related services as detailed in the Proposal. 
  • “Consultant” refers to the professional personnel employed or contracted by Fallon & Co. responsible for delivering the consulting services. 

 

3. Services 

  • Fallon & Co. provides marketing and business development consulting services. By engaging in the consulting services of Fallon & Co., you agree to abide by these Terms. 

 

4. Client Responsibility 

The Client acknowledges that it shall be responsible for performing the following in a reasonable and timely manner:  

    • Coordination of any decision-making with parties other than Fallon & Co.;
    • Provision of client content in a form suitable for reproduction or incorporation into the deliverables without further preparation, unless otherwise expressly provided for in the proposal; and 
    • Final proofreading. In the event that the Client has approved deliverables but errors, such as, by way of example, not limitation, typographic errors or misspellings, remain in the finished product, the Client shall incur the cost of correcting such errors. 

 

5. Engagement and Payment 

  • All engagements for consulting services are subject to acceptance. 
  • Payment must be made in full in accordance with the terms agreed upon in the original proposal agreement sent at the commencement of each new project. 
  • In consideration of the services to be performed by Fallon & Co., the Client shall pay to Fallon & Co. all agreed fees in the amounts and according to the payment schedules proposed. 
  • The Client shall pay all invoices within fourteen (14) days of each invoice date. The Client shall be responsible for all collection or legal fees necessitated by late payment. Fallon & Co. reserves the right to suspend all services provided to the client and withhold delivery and any transfer of ownership of any current work if accounts are not current. All grants of any licence to use or transfer of ownership of any intellectual property rights under this agreement are conditioned upon receipt of payment in full. 

 

6. Expenses 

  • Unless specifically otherwise provided for in any proposal, project costs include Fallon & Co.’s professional fees only and exclude all outside costs including, but not limited to, printing, marketing collateral, production, photography and/or artwork licences. 

 

7. Intellectual Property 

  • All content provided during the consulting engagement, including but not limited to reports, recommendations, and presentations, is the property of Fallon & Co. and is protected by Australian intellectual property laws. 
  • You may not reproduce, distribute, or use any content from the consulting engagement without our express written consent. 

 

8. Promotion 

  • The Client agrees that Fallon & Co. retains the right to reproduce, publish and display any deliverables in promotional materials, design periodicals and other media or exhibits for the purposes of recognition or professional advancement. 

 

9. Confidentiality & Exclusivity 

  • Fallon & Co. agrees to maintain the confidentiality of all information provided by the client during the consulting engagement. 
  • The client agrees not to disclose proprietary information of Fallon & Co. without express written consent. 
  • The Client expressly acknowledges that this agreement does not create an exclusive relationship between Fallon & Co. and the Client. The Client is free to engage others to perform services of the same or similar nature to those provided by Fallon & Co, and Fallon & Co. shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise its services. 

 

10. Privacy Policy 

  • Our Privacy Policy outlines how we collect, use, and disclose personal information. By engaging in our consulting services, you consent to the practices described in the Privacy Policy. 

 

11. Limitation of Liability 

  • To the extent permitted by law, Fallon & Co. will not be liable for any direct, indirect, incidental, or consequential damages arising out of the use of our consulting services. 

 

12. Termination of project 

  • In the event of the termination of a project by the Client, the Client acknowledges that Fallon & Co. shall be compensated for the services performed through to the date of termination in the amount of; 
    • Any advance payment, 
    • a prorated portion of the fees due, or; 
    • hourly fees for work performed by Fallon & Co. or its team as of the date of termination, whichever is greater; and the Client shall pay all fees and expenses incurred through and up to the date of cancellation. 

 

13. Governing Law 

  • These Terms are governed by the laws of the Commonwealth of Australia and the state of South Australia, and any disputes will be subject to the exclusive jurisdiction of the courts of South Australia. 

 

14. Changes to Terms and Conditions 

  • Fallon & Co. reserves the right to update or modify these Terms at any time without prior notice. It is your responsibility to review these Terms periodically. 

 

15. Contact Information 

 

By using the Fallon & Co. Website or engaging in our consulting services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. 

Last Updated: 03/12/2023