SERVICES AGREEMENT
Terms and conditions on which Ariel Global Limited provides services to consumers
Ariel Global Limited Limited provides services on the following terms and conditions.
1. The meaning of some words used in these terms and conditions
We, us or our is a reference to Ariel Global Limited;
You or your is a reference to the person or entity to whom we are providing our Services and who is required to pay for the Services we provide;
Parties is a reference to both us and you; and
Services means the assistance we will provide in connection with platform access, networking, training, coaching and mentoring. The precise Services we will be providing to you will be stated in the invoice and as we agree from time to time.
2. Entering into a legally binding contract
(a) A contract between you and us will come into being in one of two ways:
(i) When you sign this agreement we and you will enter into a legally binding contract on the date you sign.
(ii) here you and we agree orally that we should provide the Services then there will be a legally binding contract on the date of our oral agreement.
(b) We suggest that before you sign this agreement or orally agree to us providing Services that you read through these terms and conditions. If you have any questions concerning them please ask us.
(c) You should keep a copy of these terms and conditions for your records.
3. Providing the Services
(a) Once we and you have entered into a legally binding contract we will normally start providing the Services to you straight away or on a date agreed between us without further discussion with you. Occasionally the Services will be provided at some other date or time or be dependent on a number of factors.
(b) Our aim is to always provide you with the Services:
(i) using reasonable care and skill;
(ii) in compliance with commonly accepted practices and standards in networking and training; and
(iii) in compliance with New South Wales laws and regulations in force at the time we are carrying out the Services.
4. Timing
(a) Our responsibility to perform the Services by particular dates
We aim to carry out the Services by the dates and times we either agree with you or notify to you. But we cannot guarantee or provide a firm commitment that:
(i) we will start performing the Services by a specified date or time; or
(ii) we will complete the performance of all the Services by any specified date or time; or
(iii) the performance of any individual part of the Services will be completed by a specified date or time.
5. Price, estimates and payment
5.1. Our charges based on time spent
We normally charge for our Services on a time basis. We charge for each 1 hour blocks we spend in providing our Services. Our rates, excluding GST, for performing the Services are set out on our website.
The following is an example of how our charging structure works: If we complete performing the Services within 50 minutes where the charging period is 30 minutes we will charge for 2 x 30 minute periods. If we go over into another 30-minute period by a few minutes, at our discretion, we may charge up to the last period completed.
5.2. Our charges based on an estimate
(a) If we provide an estimate then we will charge you the amount stated in the estimate rather then a charge based on the time taken in performing the Services. Note: we only provide estimates and not quotations or binding indications of how much we will charge. Estimates are normally valid for a period of 30 days from the date they are given.
(b) As we provide an estimate we may need to charge you a higher amount than stated in the estimate. This can occur for a number of reasons, in particular where:
(i) what you require us to do changes, or the amount of work or Services you require us to provide increases or is different to what we and you agreed before we started performing the Services; or
(ii) when we start performing the Services it becomes apparent that the amount of Services we will need to perform or the type of work that is involved is different to what we agreed before we started performing the Services and we could not reasonably foresee this before we started performing the Services.
(c) Where the amount of work involved is greater than that stated in an estimate (as set out in paragraph (b)) then following will happen:
(i) if the amount of extra time we need to spend to finish performing the Services will mean that the extra amount payable by you will not exceed 20% of the amount stated in the estimate, then we will carry on providing and completing the Services without contacting you and obtaining your agreement;
(ii) otherwise we will not continue performing the Services and we will seek your approval to the extra amount that you will need to pay, unless:
(A) it is not possible to contact you within a reasonable time; or
(B) it is not safe not to carry out and finish performing the Services (for example, your goods or premises may be left in a dangerous condition or unprotected from theft if the Services are not completed).
5.3. When payment is required
Payment for our Services is normally made by deposit of 100% before we commence performing the Services.
5.4. GST
All amounts stated (whether orally or in writing) are exclusive of GST.
6. Exclusion and limitation of liability
(a) We do not exclude or limit liability for our negligence or negligent omission which causes you personal injury or death.
(b) We shall only be liable for any loss or damage suffered by you which is a reasonably foreseeable consequence of a breach by us of this contract. In the event that any loss or damage suffered by you relates to your business activities then we exclude all liability for any business loss and in particular we exclude all liability for loss of profits or other economic loss arising out of a breach of this contract.
7. Communicating with us
(a) You can always telephone (our contact numbers are +61 2 8261 0500).
(b) However, for important matters we suggest that you use writing and send any communications by post to 16 Lindfield Park Rd, Port Macquarie NSW 2444, Australia (although we do accept e-mails).
8. Termination of contract by you
(a) Once we and you enter into a binding contract you will normally not be able to terminate the contract, except where we agree or as otherwise provided for in this contract.
9. Amendments to the contract terms and conditions
We will have the right to amend the terms and conditions of this contract where:
(a) we need to do so in order to comply with changes in the law or for regulatory reasons; or
(b) we are changing the rates we charge for the provision of Services as provided for in clause 5; or
(c) we need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long as such correction is minor and does not materially affect the contract.
Where we are making any amendment we will give you 30 days' prior notice (unless the contract is terminated before that period).
10. Contacting each other
If you wish to send us any notice or letter then it needs to be sent to 16 Lindfield Park Rd, Port Macquarie NSW 2444, Australia. If we wish to send you a letter or notice we will use the address you have provided.
11. Law and jurisdiction
This Agreement takes effect, is governed by, and shall be construed in accordance with the laws from time to time in force in New South Wales, Australia. The Parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
Updated: 26 June 2022