Terms of Service

Last updated: 1 July 2025

These Terms of Service (Terms) govern your access to and use of the website at https://sbaprimeconsulting.online (the Website) and any professional business and consulting services supplied by SBA Prime Consulting Pty Ltd (ABN 77 703 626 046) (referred to in these Terms as we, us or our). In these Terms, you means the individual or entity that uses the Website or engages our services.

By using the Website, requesting a quote, or engaging our services, you agree to these Terms. If you do not agree, please do not use the Website or engage our services.

1. About us

SBA Prime Consulting Pty Ltd (ABN 77 703 626 046) is a Melbourne-based company providing professional business and consulting services, including business planning, strategy development, operational improvement and advisory support. Our registered office is in Melbourne VIC, and we provide services to clients across Australia.

2. Our services

Any description of our services on the Website is general information only. The specific scope, deliverables, timetable and fees applicable to your engagement will be set out in a written quote, proposal, statement of work or engagement letter agreed between us (Engagement Document). Where an Engagement Document conflicts with these Terms, the Engagement Document prevails to the extent of the inconsistency.

Nothing on the Website constitutes an offer, financial, legal, accounting or taxation advice. You should obtain your own independent professional advice before acting on any information we provide.

3. Quotes and proposals

• Quotes and proposals issued by us are valid for 14 days from the date of issue unless otherwise stated.
• Quotes are based on the information you provide to us. If that information is incomplete, inaccurate or changes, we may revise the quote or the applicable fees.
• A quote is an invitation to engage us. A binding engagement arises only when you accept our quote (or sign an Engagement Document) and we confirm acceptance in writing, or when we commence work at your request.

4. Fees, invoicing and payment

• Fees are set out in the applicable Engagement Document and are exclusive of GST, which is payable in addition where applicable.
• We will issue tax invoices for fees payable. Unless otherwise stated in the Engagement Document, invoices are payable within 14 days of the date of issue.
• Where we request a deposit, work will not commence (or will be suspended) until the deposit is received.
• Disbursements and third-party costs reasonably incurred in performing the services will be on-charged at cost or as agreed in the Engagement Document.
• You must pay invoices without set-off or deduction, by the payment method stated on the invoice.

5. Late payment

If an invoice remains unpaid beyond its due date, we may charge interest on the outstanding amount at the rate of 2% per annum above the Reserve Bank of Australia cash rate, calculated daily, and may suspend performance of the services until the account is brought up to date. We may also recover reasonable costs of recovering overdue amounts, to the extent permitted by law.

6. Your responsibilities

You agree to:

• provide accurate, complete and timely information, records and access reasonably required for us to perform the services;
• respond to our requests for instructions or approvals within a reasonable time;
• ensure that any information or materials you supply do not infringe the rights of any third party or breach any law; and
• comply with all applicable laws in connection with your use of our services and the Website.

Delays caused by a failure to meet these responsibilities may affect timelines and, where applicable, result in additional fees.

7. Intellectual property

• All pre-existing intellectual property owned by us (including our methodologies, templates, tools, know-how and Website content) remains our property.
• Upon full payment of the fees for the relevant deliverables, we grant you a perpetual, non-exclusive, royalty-free licence to use the deliverables for your internal business purposes, unless the Engagement Document states otherwise.
• You retain ownership of materials you supply to us. You grant us a limited licence to use those materials solely to perform the services.
• You must not reproduce, redistribute or resell content from the Website without our prior written consent.

8. 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, except where disclosure is required by law or the information is publicly available through no breach of these Terms. This obligation survives completion or termination of an engagement.

9. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded or limited.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service, you are entitled to cancel your engagement with us and to a refund of the price paid, or compensation for the reduction in value of the service. You are also entitled to compensation for any other reasonably foreseeable loss or damage. For minor failures with a service, we may, at our election, provide a remedy through supply of the services again or payment of the costs of having the services supplied again.

10. Limitation of liability

To the fullest extent permitted by law (and except for liability under the Australian Consumer Law that cannot lawfully be limited):

• we exclude all warranties, conditions and representations not expressly stated in these Terms or the applicable Engagement Document;
• our total aggregate liability arising out of or in connection with an engagement is limited to the fees actually paid by you for the services giving rise to the liability;
• we are not liable for indirect, incidental, special or consequential loss or damage, or for loss of profit, revenue, data or business opportunity; and
• we are not liable for outcomes, decisions or actions you take based on the services, deliverables or general information on the Website.

11. Acceptable use of the Website

When using the Website, you must not: (a) engage in any activity that is unlawful, fraudulent or harmful; (b) attempt to gain unauthorised access to any system or data; (c) introduce malware or interfere with the operation of the Website; or (d) use the Website to transmit spam, offensive or misleading material. We may suspend or withdraw access to the Website at any time without notice.

12. Third-party links and tools

The Website and our deliverables may reference or link to third-party websites, software or tools. We do not control and are not responsible for third-party content, products or services, and we make no representations about their accuracy or suitability. Your dealings with third parties are solely between you and that third party.

13. Termination

• Either party may terminate an engagement by giving at least 14 days' written notice to the other party, unless the Engagement Document provides otherwise.
• Either party may terminate an engagement immediately by written notice if the other party commits a material breach that is not remedied within 14 days of notice, or becomes insolvent.
• On termination, you must pay all fees and disbursements for work performed up to the date of termination, and we will deliver, or provide reasonable access to, any completed work paid for by you.
• Provisions that by their nature survive termination (including intellectual property, confidentiality, liability and governing law) continue to apply.

14. Force majeure

We are not liable for any delay or failure to perform the services caused by events beyond our reasonable control, including natural disasters, pandemics, industrial action, utility or internet outages, or acts of government.

15. Privacy

We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). Our Privacy Policy forms part of these Terms.

16. Governing law and disputes

These Terms are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts empowered to hear appeals from those courts. If a dispute arises, the parties agree to attempt good-faith resolution through discussion before commencing proceedings.

17. Changes to these Terms

We may update these Terms from time to time by publishing a revised version on this page with a new "last updated" date. The version in force at the time you accept a quote or Engagement Document will govern that engagement.

18. Contact us

If you have any questions about these Terms, please contact us:

• Business: SBA Prime Consulting Pty Ltd (ABN 77 703 626 046)
• Location: Melbourne VIC, Australia
• Email: ceo@sbaprimeconsulting.online
• Website: https://sbaprimeconsulting.online

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