Terms of Service

1. Agreement to Terms

By accessing our website at https://hobie1mgmt.online or engaging Hobie1 Mgmt Pty Ltd to provide professional business and consulting services, you agree to comply with and be bound by these Terms of Service. If you do not agree with any part of these terms, you must not use our website or services.

2. Services Provided

Hobie1 Mgmt Pty Ltd provides professional business and consulting services including, but not limited to, business advisory, management consulting, operational reviews, and strategic planning support. The specific scope of services for any engagement will be detailed in a written proposal or service agreement provided to you before commencement of work.

Any indicative timelines, deliverables, or outcomes discussed prior to formal engagement are estimates only and do not form part of a binding commitment unless expressly included in a signed service agreement.

3. Engagement and Acceptance

An engagement is formed only when you accept our written proposal or sign a service agreement. Each engagement will specify the scope of work, deliverables, fees, payment terms, and any applicable timelines. Hobie1 Mgmt Pty Ltd reserves the right to decline any engagement at its discretion, including where a request falls outside our areas of expertise or where we consider the engagement unsuitable.

4. Fees and Payment

Fees for our services will be set out in your proposal or service agreement. Unless otherwise agreed in writing:

• Invoices are payable within fourteen (14) days of the invoice date.
• Payment must be made in Australian dollars (AUD).
• We may require a deposit or upfront payment before commencing work.
• Overdue amounts may attract interest at a rate of one and a half per cent (1.5%) per month, and we may suspend services until outstanding amounts are paid.
• Our fees exclude goods and services tax (GST), which will be added where applicable.

5. Client Responsibilities

To enable us to deliver our services effectively, you agree to:

• Provide accurate, complete, and timely information, records, and access reasonably required for us to perform the services.
• Respond to reasonable requests for clarification or approval within a reasonable timeframe.
• Ensure any information provided to us does not breach any law or third-party rights.

Delays caused by a failure to provide information or approvals may affect timelines and, where applicable, result in additional fees.

6. Intellectual Property

All intellectual property in methodologies, frameworks, templates, tools, and materials created by or belonging to Hobie1 Mgmt Pty Ltd remains our property. Upon full payment of applicable fees, you are granted a non-exclusive, non-transferable licence to use deliverables prepared for you for your internal business purposes. You retain ownership of materials and information you provide to us.

7. Confidentiality

Both parties agree to keep confidential all non-public information disclosed by the other party in connection with an engagement, and to use such information only for the purposes of the engagement. This obligation survives the completion or termination of any engagement and does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

8. Privacy

We collect and handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).

9. Limitation of Liability

To the fullest extent permitted by law:

• Our services are provided on a professional consulting basis, and any advice or deliverables are intended for the purposes set out in the relevant engagement.
• Hobie1 Mgmt Pty Ltd will not be liable for any indirect, incidental, special, or consequential loss or damage, including loss of profits, revenue, data, or business opportunity.
• Our total aggregate liability for any claim arising out of or relating to an engagement is limited to the fees paid by you for the specific service giving rise to the claim.
• We are not liable for outcomes, decisions, or implementations made by you based on our advice or recommendations.

10. Australian Consumer Law

Nothing in these Terms of Service excludes, restricts, or modifies any consumer guarantee, right, or remedy you may have under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other rights you may have under Australian law that cannot lawfully be excluded. Where our services are supplied to you as a consumer under the Australian Consumer Law, those statutory guarantees and rights apply in addition to these terms and prevail over any inconsistent provision to the extent permitted by law.

11. Termination

Either party may terminate an engagement by giving the other party written notice in accordance with the notice period set out in the applicable service agreement. If no notice period is specified, fourteen (14) days' written notice applies. Upon termination:

• You remain liable to pay for all services performed and expenses incurred up to the date of termination.
• We will deliver any work completed and paid for as at the termination date, where practicable.
• Provisions relating to intellectual property, confidentiality, liability, and governing law survive termination.

12. Force Majeure

We are not liable for any delay or failure to perform our obligations where that delay or failure results from circumstances beyond our reasonable control, including natural events, illness, disruption to utilities or communications, industrial action, or changes in law.

13. Website Use

You agree to use our website lawfully and not to:

• Attempt to gain unauthorised access to the website, its servers, or related systems.
• Use the website to transmit harmful code, spam, or unlawful material.
• Copy, reproduce, or distribute content from the website without our prior written permission, except for personal, non-commercial reference.

Content on this website is general information only and does not constitute professional advice. You should obtain advice specific to your circumstances before acting on any general information published here.

14. Third-Party Links

Our website may contain links to third-party websites. We do not control, endorse, or accept responsibility for the content, accuracy, or practices of any third-party website, and we exclude, to the maximum extent permitted by law, any liability arising from your use of such websites.

15. Amendments

We may update these Terms of Service from time to time by publishing a revised version on this page. The revised terms take effect upon publication. Continued use of our website or services after publication constitutes acceptance of the updated terms. The version applicable to your engagement is the version in force at the time you accept our proposal or sign a service agreement, unless otherwise agreed in writing.

16. Governing Law

These Terms of Service are governed by the laws of Victoria, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia in respect of any dispute arising from or in connection with these terms or any engagement.

17. Contact

If you have any questions about these Terms of Service, please contact Hobie1 Mgmt Pty Ltd at ceo@hobie1mgmt.online.