Terms of Service

Effective date: 1 January 2025. These Terms of Service apply to all engagements with Nirbhau Solutions Pty Ltd (ABN 88 702 127 142) ("Nirbhau Solutions", "we", "us" or "our"). By engaging our services, requesting a quote, or using our website at https://nirbhausolutions.site, you agree to be bound by these terms.

1. Our Services

Nirbhau Solutions Pty Ltd provides business solutions and professional services to clients in Perth, Western Australia, and surrounding areas. The specific nature, scope and deliverables of the services we provide to you will be set out in a written proposal, engagement letter, service agreement or accepted quotation ("Service Agreement").

Where there is any inconsistency between these Terms of Service and a signed Service Agreement, the Service Agreement will prevail to the extent of the inconsistency.

2. Quotes and Engagement

All quotations provided by us are valid for thirty (30) days from the date of issue, unless otherwise stated in writing. A quotation does not constitute a binding offer, and we reserve the right to withdraw or amend a quotation at any time prior to acceptance.

An engagement commences only when we accept your instruction in writing, or when you accept our quotation or proposal. We may, at our discretion, require a signed agreement or a deposit before commencing work.

Any timeframes or indicative timelines provided in a quotation are estimates only and are not guaranteed. We will keep you reasonably informed of progress and notify you promptly of any material delay.

3. Client Obligations

You agree to:

• Provide accurate, complete and timely information, documents and access reasonably required for us to perform the services;
• Ensure that any information you provide to us does not infringe the rights of any third party and complies with applicable Australian laws;
• Respond to our requests for approvals, feedback or decisions within a reasonable time, noting that delays may affect delivery timelines and may result in additional fees;
• Promptly notify us of any change to your contact details, business structure or requirements; and
• Comply with all applicable laws, regulations and industry codes in connection with the engagement.

We are not responsible for delays, defects or additional costs arising from incomplete, inaccurate or late information provided by you or your representatives.

4. Fees and Payment

Our fees are set out in your quotation, proposal or Service Agreement. Unless otherwise agreed in writing:

• Invoices are payable within fourteen (14) days of the invoice date;
• All amounts are stated in Australian dollars (AUD) and are exclusive of GST, which is payable in addition where applicable;
• Deposits or prepayments, where required, are non-refundable except as required by law or as otherwise agreed in writing; and
• We may charge interest on overdue amounts at a rate of 2% per month, calculated daily, and may suspend services until overdue amounts are paid in full.

If you dispute any invoice, you must notify us in writing within fourteen (14) days of the invoice date, setting out the grounds of the dispute. The parties will work in good faith to resolve any bona fide dispute promptly.

5. Australian Consumer Law

Nothing in these Terms of Service excludes, restricts or modifies any rights that you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable legislation, including consumer guarantees, which cannot be excluded, restricted or modified by agreement.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Where our services do not meet the applicable consumer guarantees, you may be entitled to a remedy, which may include the resupply of the services or payment of the cost of resupply, as determined in accordance with the Australian Consumer Law.

6. Limitation of Liability

To the maximum extent permitted by law, and except as set out in these terms or as required by the Australian Consumer Law:

• We exclude all conditions, warranties, guarantees and representations not expressly stated in these terms or your Service Agreement;
• We are not liable for any indirect, incidental, special or consequential loss, including loss of profits, revenue, goodwill, business opportunities or data, however arising; and
• Where liability cannot be excluded, our total aggregate liability for any claim arising out of or in connection with the services is limited, at our option, to the resupply of the services or the payment of the cost of having the services resupplied.

This clause does not apply to liability that cannot be limited by law, including liability for consumer guarantees under the Australian Consumer Law in respect of services not of a kind ordinarily acquired for personal, domestic or household use, where limitation is not permitted.

7. Intellectual Property

All intellectual property rights existing in materials, methodologies, tools, templates and processes developed by us prior to or independently of your engagement remain our property.

Upon full payment of all fees due for the relevant services, we assign to you the intellectual property rights in the final deliverables created specifically for you under the engagement. We retain the right to reuse general knowledge, skills and experience gained during the engagement.

You retain ownership of all pre-existing intellectual property that you provide to us, and grant us a limited, non-exclusive licence to use such materials solely for the purpose of performing the services.

8. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party in connection with the engagement, and to use such information solely for the purpose of performing the services. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law or a regulatory authority.

This confidentiality obligation survives the completion or termination of the engagement.

9. Privacy

We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). By engaging our services, you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy.

10. Suspension and Termination

Either party may terminate an engagement by providing fourteen (14) days' written notice to the other party, unless the Service Agreement specifies a different notice period.

We may suspend or terminate the services immediately if you:

• Fail to pay any amount due and payable after written notice;
• Breach a material term of these terms or the Service Agreement and fail to remedy the breach within seven (7) days of notice;
• Become insolvent, enter administration or liquidation, or are unable to pay your debts as they fall due.

Upon termination, you remain liable for all fees and expenses incurred up to the date of termination. Any deposits paid are non-refundable except as required by law.

11. Governing Law

These Terms of Service and any engagement are governed by the laws of Western Australia and the Commonwealth of Australia. The parties submit to the jurisdiction of the courts of Western Australia and any courts competent to hear appeals from those courts.

Before commencing legal proceedings, the parties agree to attempt to resolve any dispute in good faith through direct negotiation for a period of no less than fourteen (14) days.

12. Changes to These Terms

We may update these Terms of Service from time to time. The current version will be published on this page with a revised effective date. Material changes affecting an existing engagement will be communicated to you in writing before taking effect. Your continued use of our website or engagement of our services after changes are published constitutes acceptance of the updated terms.

13. Contact Us

If you have any questions about these Terms of Service, or wish to exercise any right arising under them, please contact us:

• Business name: Nirbhau Solutions Pty Ltd
• ABN: 88 702 127 142
• Email: ceo@nirbhausolutions.site
• Website: https://nirbhausolutions.site
• Location: Perth, Western Australia

We aim to respond to all written enquiries within two (2) business days.