Terms of Service

1. About these Terms

By requesting a quote, accepting a proposal, engaging our services or using this website, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, please do not engage our services. These terms are governed by the laws of Victoria, Australia.

2. Who We Are

Maqnis Trading Pty Ltd (ABN 79 703 302 854) is an Australian proprietary limited company providing professional business and consulting services from Melbourne VIC. References in these terms to "we", "us" and "our" mean Maqnis Trading Pty Ltd. References to "you" mean the client or entity engaging our services.

3. Quotes, Proposals and Engagements

• All quotes and proposals issued by us are valid for 30 days from the date of issue unless otherwise stated in writing.
• A binding engagement arises only when you accept a quote or proposal in writing (including by email) or we commence work at your written request.
• Each engagement is subject to the scope, deliverables, timeline and fees set out in the applicable quote or proposal.
• Work outside the agreed scope will not commence until a written variation or additional quote has been accepted by you.

4. Fees, Invoicing and Payment

• Fees are payable in Australian dollars (AUD) and are exclusive of GST unless expressly stated otherwise.
• Where GST applies to a supply, it will be added to the relevant invoice in accordance with A New Tax System (Goods and Services Tax) Act 1999 (Cth).
• Invoices are payable within 14 days of the invoice date unless your proposal states a different payment term.
• We may charge reasonable late payment interest on overdue amounts and may suspend work on any engagement while invoices remain unpaid.
• Disbursements and third-party costs approved by you will be passed on at cost or as itemised in the quote.

5. Your Responsibilities

To enable us to deliver our services, you agree to provide accurate and complete information, timely access to relevant personnel and records, and prompt feedback on deliverables. We are not liable for delays or deficiencies in our work caused by incomplete, inaccurate or late information provided by you or your agents.

6. Australian Consumer Law

Nothing in these Terms of Service excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other applicable law that cannot be excluded, restricted or modified by agreement.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For services, you are entitled to a remedy if the services are not rendered with due care and skill, are not reasonably fit for the purpose made known to us, or are not supplied within a reasonable time.

Where the Australian Consumer Law applies and we are entitled to limit our liability for a failure to comply with a consumer guarantee, our liability is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.

7. Limitation of Liability

To the fullest extent permitted by law, and subject to section 6 above:

• We are not liable for indirect, special, incidental or consequential loss, including loss of profits, revenue, goodwill or business opportunity.
• Our total aggregate liability arising out of or in connection with an engagement is limited to the fees paid by you for that engagement.
• General advice, commentary and materials we provide do not constitute financial, legal, accounting or taxation advice, and you should obtain independent specialist advice where appropriate.

8. Intellectual Property

All pre-existing intellectual property owned by us, including our methodologies, templates, frameworks and website content, remains our property. Upon full payment of relevant invoices, you receive a non-exclusive, non-transferable licence to use deliverables prepared for you for your internal business purposes. You retain ownership of materials you supply to us.

9. Confidentiality

Each party must keep confidential all non-public information received from the other party in connection with an engagement, and use it only for the purposes of that engagement. This obligation does not apply to information that is publicly available, required to be disclosed by law, or independently developed without use of confidential information.

10. Cancellation and Variation

Either party may cancel an engagement by giving written notice. Where you cancel after work has commenced, you remain liable for fees for work performed, and for any reasonable costs we have incurred or committed up to the date of cancellation. Where we cancel for reasons outside your control, we will invoice only for work performed to that date.

11. Website Use

Content on this website is provided for general information only. It does not constitute an offer, a guarantee of outcomes, or professional advice tailored to your circumstances. You may not reproduce, republish or commercially exploit website content without our prior written consent.

12. 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 of Service.

13. Force Majeure

We are not liable for failure or delay in performing our obligations where that failure or delay is caused by events beyond our reasonable control, including natural disasters, pandemics, industrial action, utility failures or disruptions to internet and communications services.

14. Dispute Resolution

If a dispute arises, please contact us first so we can attempt to resolve the matter informally and in good faith. If the dispute is not resolved within 30 days, either party may refer the matter to mediation in Melbourne VIC before commencing court proceedings, except where urgent injunctive relief is required.

15. 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.

16. Changes to These Terms

We may update these Terms of Service from time to time. The current version will always be published on this page with the date of the latest revision. Continued engagement of our services after an update constitutes acceptance of the revised terms.

17. Contact Us

Questions about these Terms of Service can be directed to:

Maqnis Trading Pty Ltd
ABN 79 703 302 854
Melbourne VIC, Australia
Email: ceo@maqnistrading.online
Website: https://maqnistrading.online

You may also use our contact page or request a free quote at any time.