Terms of Engagement

  • Brand One Group Pty Ltd

    and
  • 1.0 The Parties

    Consultant
    Full Legal Name: Brand One Group Pty Ltd, referred to as “Brand One”
    ABN: 95 141 447 289
    Address: Suite 4, 254 Rokeby Road, Subiaco, WA, 6008
    Phone: (08) 9225 5000
    Email: info@brand-one.com.au

    Client
  • 2.0 Scope of the Agreement

    This agreement covers all works undertaken for the client as required.


    3.0 Project Management

    For each project, campaign, or task, Brand One will ensure clarity in the brief and objectives to be achieved. Where appropriate, a project plan with milestones, timeframes and budgets will be presented for approval.


    3.1 Approval of Work

    Prior to the production, publication or printing of any item requested by the client, Brand One will provide a proof copy of the artwork or media to the client for approval within a required timeframe. Production, publication or printing of any item will not commence without approval. It is the responsibility the client to carefully check all proofs as once approval is received Brand One holds no responsibility for any errors or misrepresentation in the production, printing or publication of the item. If an approval is not received within the required timeframe Brand One will not be responsible for any delay in the production, publication or printing of the item.


    3.2 Project Reporting

    On the completion of each project, campaign, or task, the outcomes will be reviewed with the client as required. Review meetings may include:

    • Objectives achieved
    • Effectiveness of the project
    • Budget performance

    4.0 Fees

    4.1 Project fees

    All projects and media booked will be quoted for approval prior to commencement.


    4.2 Consultancy fees

    The strategic consultancy and co-ordination fee for projects will be charged at $300.00/$250.00 and $165.00 per hour, plus GST respectively. Brand One reserves the right to change these rates with one month’s notice.

    The fee quoted herein includes all consultancy fees plus the cost of any minor disbursements associated with the project. These include:

    • Local phone calls;
    • Perth metropolitan travel; and
    • Photocopying.
    Additional costs and tasks falling outside the scope of the quotations would attract additional charges at cost or an hourly rate dependant on the task.


    5.0 Payment of Fees

    Brand One will invoice the client at the end of each calendar month for all works completed and hours worked thereof that are on-going. Project specific fees will be payable as follows:

    • 50% on commencement of the project and
    • 50% on completion of each stage of the project.
    The terms of trading of Brand One are strictly 14 days. Brand One reserves the right to impose a penalty of 10% pa relating to all amounts that are paid outside the trading terms granted in this agreement.


    6.0 Goods and Services Tax

    The Goods and Services Tax (GST) will be charged at the rate of 10% on the total value of the invoice.


    7.0 Changes to the Scope of the Project

    In most cases Brand One will endeavour to accommodate any small changes to the scope of the project within the quoted fee. However where major changes to the scope are required by the client, Brand One reserves the right to revise the quoted fee. Such changes must then be agreed and authorised by the client before additional work will proceed.


    8.0 Confidentiality

    All information obtained by Brand One during the course of the project will remain strictly confidential. No details of the project will be released by Brand One to any third party without obtaining the written permission of the client.


    9.0 Ownership of Material

    9.1 Transfers

    Brand One transfers and assigns to the client all usage rights of the works commissioned and prepared for the client upon payment for the works.

    9.2 Declined Work
    Any work not accepted by the client for its use remains the property of Brand One. This is inclusive of designs, ideas and concepts not selected for use.


    10.0 Restricted Activities

    You must not, for a period of twelve (12) months after the termination of this agreement with Brand One or without the prior written consent of Brand One, engage or prepare to approach, induce, solicit or persuade an employee of Brand One to terminate his or her employment with Brand One to commence employment with the client or a related body corporate of the client. Should you breach this clause, by signing this agreement, you agree to remunerate Brand One for the cost of recruitment fees of up to 20% of the employee’s current salary plus one month equivalent salary.


    11.0 Consultants Liability

    All information (surveys forecasts, financial modelling and projections and recommendations) made as part of this project are made in good faith on the basis of the information available to the consultants at the time. The achievements of objectives, projections or forecasts developed as part of this project will depend, amongst other things, on the actions and decisions made by the client over which the consultant has no control. The client covenants and agrees to release Brand One, its employees, agents, contractors and subcontractors from any and all actions, suits demands and proceedings and claims, whether at law or in equity which the client may have against Brand One, its employees, agents contractors and subcontractors for the provision of its services and advice.


    12.0 Acceptance

    To ensure that the Terms of Engagement for this project have been understood and agreed to by the client, Brand One requires authorisation in writing prior to proceeding with any works. This authorisation can be provided by at least one authorised representative of the client, signing both copies of this agreement and returning one signed copy to Brand One Pty Ltd at PO Box 2067, Subiaco, Western Australia, 6904. The Terms of Engagement presented are to be interpreted as a single binding agreement.