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Terms

This agreement describes the terms, with which a customer holds Xfive.co Pty Ltd to, when the services described on www.xfive.co are undertaken.

The information below forms part of this agreement, and includes information that Xfive is required by law to disclose to it’s customers.

Consultancy

Occasionally a returning customer will instruct Xfive to undertake a new project. The terms of this Consultancy Agreement will apply to each Project unless otherwise stated via written communication. At the customer’s discretion, prior to the initiation of the project, the parties will agree on the scope of the work to be undertaken by Xfive in an Project.

Unless otherwise agreed upon, professional fees will be charged according to the hourly rates outlined in this Agreement.

Satisfaction Guarantee Policy

If, upon receiving the final Invoice, the customer is not happy with the value received from Xfive, the customer may at their discretion, decide how much to pay Xfive (if anything) for the services provided for the project in question. The customer must first explain to David Rosen (or another agreed Director of Xfive) the reasons for their decision.

Notwithstanding invoking the Guarantee, the customer must pay any out-of-pocket expenses incurred by Xfive while undertaking the Project. This cost will only be the maximum that the customer had previously agreed to pay. Examples of expenses include but are not limited to): barrister’s fees, searching fees, or government fees (such as those from an intellectual property office) or invoices from attorneys in one or more jurisdictions.

Confidentiality Policy

Confidential information provided to Xfive by the customer will be kept confidential. Xfive may disclose Confidential Information if compelled to by law. Xfive will, wherever possible, provide the customer with prompt notice of the potential disclosure of confidential information.

‘Confidential Information’ does not include information that is (a) already in the public domain or (b) already in Xfive’s possession, that was not given by an individual or entity actionable by the customer.

Invoice Policy

Unless otherwise agreed, Xfive will provide an itemized invoice(s) in relation to each Project for the customer. Projects that are to be paid upfront will receive an invoice generated as soon as the quote is approved. Other Projects will receive an invoice soon after the completion of each Project (or a stage of the Project). Where applicable, some invoices will be sent as soon as practicable, after the end of each calendar month.

The customer agrees to pay invoices within 14 days of receipt.

Privacy Policy

Xfive will comply with all relevant privacy legislation in conducting Projects. Read more on our Privacy Policy.

Termination Policy

The customer may at any time terminate this Consultancy Agreement, in writing, with immediate effect. At such time, the customer may elect either to (a) invoke the Guarantee in relation to any current Project(s), or (b) pay Xfive pro rata for the work undertaken in relation to any current Project(s) up to the date of termination.

Disclosure

The customer hereby waives any requirement that Xfive must re-disclose the subject matter of this agreement each time a new Project is commenced. (Such disclosure is required under the Legal Profession Act 2004, but may be specifically waived pursuant to that Act.)

Entering this agreement

By submitting a project to Xfive signifies the customer’s consent to the terms contained herein.

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