Terms of Service

Last updated: 1 July 2025

These Terms of Service (“Terms”) form the agreement between you and Jd Fasteners Pty Ltd (ABN 83 703 065 105) (“Jd Fasteners”, “we”, “us” or “our”). They apply to every engagement for our professional business and consulting services, and to your use of our website at https://jdfasteners.online. By requesting a quote, accepting an engagement, or using our website, you confirm that you have read, understood and agree to be bound by these Terms.

Contents

• About these Terms
• Who we are
• Our services
• Quotes and engagements
• Fees, invoicing and payment
• Your responsibilities
• Intellectual property
• Confidentiality
• Australian Consumer Law and guarantees
• Limitation of liability
• Suspension and termination
• Privacy
• General provisions
• Changes to these Terms
• Contact us

1. About these Terms

These Terms set out the basis on which we provide our professional business and consulting services. Where we issue a quote, proposal, engagement letter or scope of works, that document forms part of the agreement with you. If there is any inconsistency between those documents and these Terms, the engagement document prevails to the extent of the inconsistency.

2. Who we are

Jd Fasteners Pty Ltd (ABN 83 703 065 105) is an Australian proprietary limited company providing professional business and consulting services from Melbourne VIC to clients across Australia. Our registered details appear at the bottom of this page, and you can reach us at any time by email at ceo@jdfasteners.online.

3. Our services

We provide professional business and consulting services, including advisory, business planning, operational improvement and related consulting engagements. The exact services, deliverables, timelines and fees for your engagement will be set out in a written scope of works or engagement letter. Work outside that scope is a variation and will only proceed once agreed in writing, including any adjustment to fees and timing.

4. Quotes and engagements

• Quotes provided by us are valid for 30 days from the date of issue, unless the quote states otherwise.
• Your written acceptance of a quote, or your instruction to commence work, forms a binding engagement that incorporates these Terms.
• Timeframes we provide are estimates made in good faith. We will take reasonable steps to meet them, but we are not liable for delays caused by circumstances beyond our reasonable control or by delays in receiving information or decisions from you.
• We may perform parts of an engagement through suitably qualified subcontractors. We remain responsible for the quality of work performed on our behalf.

5. Fees, invoicing and payment

• All fees are quoted and payable in Australian dollars (AUD).
• Unless we state otherwise, fees are exclusive of Goods and Services Tax (GST), which is payable in addition where applicable.
• We may require a deposit or progress payments before or during an engagement. Invoices are payable within 14 days of the date of issue, unless your engagement letter states a different period.
• If an invoice remains overdue, we may charge reasonable administration costs or interest on the overdue amount as permitted by law, and we may suspend work under the engagement until the overdue amount is paid.
• Deposits are dealt with in accordance with the engagement letter and your rights under the Australian Consumer Law, including any right to a refund where a consumer guarantee is not met.

6. Your responsibilities

To help us deliver the engagement, you agree to:

• provide accurate, complete and timely information, decisions and feedback;
• give us reasonable access to the systems, records, personnel and premises needed to perform the services;
• ensure any materials you supply to us are accurate, lawful and that you hold the necessary rights to provide them to us; and
• use the deliverables we produce only for lawful purposes connected with your business.

We are not responsible for delays, additional costs or reduced quality caused by information or access you fail to provide when reasonably required.

7. Intellectual property

• You retain ownership of the materials, data and intellectual property you supply to us.
• We retain ownership of our pre-existing intellectual property, including our methodologies, frameworks, templates and internal tools.
• Subject to full payment of the relevant fees, you receive a perpetual, royalty-free licence to use the deliverables we create for you for your internal business purposes, on the terms set out in your engagement letter.
• We may reuse the general skills, know-how and experience developed during an engagement for other clients, provided we do not disclose your confidential information.

8. Confidentiality

Each party must keep the other party's confidential information secure and must not use or disclose it except for the purposes of the engagement, or as required by law. This obligation does not apply to information that is publicly available through no fault of the receiving party, or that is disclosed to professional advisers who owe a duty of confidentiality. The obligation of confidentiality continues after the engagement ends.

9. Australian Consumer Law and guarantees

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that you have under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded.

You are also entitled to the benefit of applicable state and territory consumer protection legislation, and nothing in these Terms limits those rights.

10. Limitation of liability

Nothing in this clause limits or excludes your rights under the Australian Consumer Law described in clause 9. Subject to those rights, and to the extent permitted by law:

• we are not liable to you for indirect or consequential loss, including loss of profit, loss of revenue or loss of business opportunity, however caused;
• our total liability arising out of or in connection with an engagement is limited to the fees you have actually paid to us under that engagement in the 12 months preceding the claim; and
• where a consumer guarantee applies and the law permits us to limit our liability for a failure of that guarantee relating to services, our liability is limited to re-supplying the services or paying the cost of having the services re-supplied.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including liability for death or personal injury caused by our negligence, or for fraud.

11. Suspension and termination

• Either party may end an engagement by giving at least 14 days' written notice.
• Either party may end an engagement immediately by written notice if the other party commits a material breach that is not remedied within 7 days of written notice, or becomes insolvent.
• On termination, you must pay us for all work properly performed and costs incurred up to the termination date. Deliverables for which you have paid will be provided to you.
• On termination or completion, each party will return or destroy the other party's confidential information on request, subject to record-keeping requirements under law.

12. Privacy

We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. By engaging our services, you consent to us collecting, using and disclosing personal information as described in that policy.

13. General provisions

• Governing law: These Terms are governed by the laws of Victoria, Australia, and we both submit to the non-exclusive jurisdiction of the courts of Victoria. The Australian Consumer Law continues to apply to the extent required by law, regardless of this clause.
• Dispute resolution: Before starting proceedings, both parties agree to attempt to resolve any dispute in good faith by direct discussion, including between senior representatives.
• Severability: If any part of these Terms is held invalid or unenforceable, the remainder continues in force.
• Entire agreement: These Terms, together with the relevant engagement documents, form the entire agreement between the parties in relation to the services.
• Assignment: You may not assign your rights under an engagement without our written consent. We may assign our rights as part of a genuine restructure or sale of the business, with notice to you.
• Notices: Notices under these Terms must be in writing and may be sent by email to ceo@jdfasteners.online or to the contact address stated in your engagement letter.

14. Changes to these Terms

We may update these Terms from time to time. The current version is always published on this page with the date of the latest update at the top. For existing engagements, the version of these Terms that applied at the time of acceptance continues to apply unless we notify you of a change and you agree to it, or the change is required by law.

15. Contact us

If you have any questions about these Terms, or you would like a copy of an engagement document or a new quote, please contact us:

• Business: Jd Fasteners Pty Ltd
• ABN: 83 703 065 105
• Location: Melbourne VIC, Australia
• Email: ceo@jdfasteners.online
• Website: https://jdfasteners.online

The quickest way to reach us is by email; we aim to respond to enquiries within two business days. To request an engagement, you can also use our quote form or our general contact page.

See also our Privacy Policy.