Terms of Service

1. Agreement to these terms

These Terms of Service (“Terms”) govern the supply of services by JSG Global Pty Ltd, ABN 88 702 752 921 (“JSG Global”, “we”, “us” or “our”) to you (“you” or “the Client”), and your use of our website at https://jsgglobal.online (the “Website”).

By engaging our services, requesting a quote, or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use the Website or engage our services.

2. Who we are

JSG Global Pty Ltd is an Australian proprietary company (ABN 88 702 752 921) providing professional business and consulting services from Melbourne VIC, Australia. References to “services” include all advisory, consulting, research, planning, reporting and related professional services we agree to provide.

3. Scope of services and engagements

The scope, deliverables, timeframes and fees for each engagement will be set out in a written proposal, quote or statement of work that we agree with you (the “Engagement Document”). Where an Engagement Document conflicts with these Terms, the Engagement Document prevails to the extent of the inconsistency.

Any estimates regarding timing, outcomes or results are given in good faith and are not guarantees. Work will commence once we accept your instruction in writing (including by email) or when work begins at your request.

4. Quotes and validity

Quotes provided by JSG Global are valid for 30 days from the date of issue unless otherwise stated in the quote. A quote is an invitation to engage our services on the stated terms and does not constitute a binding offer until we confirm the engagement in writing.

Unless stated otherwise, quotes are based on the information and assumptions provided at the time. If the scope changes during an engagement, we will discuss and agree any revised fees with you in writing before proceeding.

5. Fees, GST and payment

• All fees are expressed in Australian dollars and are exclusive of GST unless stated otherwise. Where applicable, GST is payable in addition and will be shown separately on our tax invoices in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
• Invoices are payable within 14 days of the date of the invoice unless another arrangement is agreed in writing.
• Payment must be made by the method stated on the invoice.
• If an invoice remains overdue, we may suspend or cease work until the outstanding amount is paid, and we may recover reasonable debt recovery costs to the extent permitted by law.

6. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, right or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified by agreement (“Non-Excludable Rights”).

Our services come with guarantees that cannot be excluded under the Australian Consumer Law, including a guarantee that the services will be rendered with due care and skill and will be supplied within a reasonable time. If we supply goods (including reports, templates or software in digital form) in connection with our services, those goods also come with guarantees that cannot be excluded, including that the goods will be of acceptable quality.

7. Client responsibilities

You agree to:

• provide accurate, complete and timely information and materials reasonably required for us to perform the services;
• review and respond to our requests and drafts within agreed timeframes;
• obtain any internal approvals, consents or third-party permissions required for the engagement; and
• use any deliverables only for lawful purposes and for your own business purposes.

Delays caused by unfulfilled client responsibilities may affect timeframes and, where reasonable, may result in additional fees, which we will discuss with you in advance.

8. Intellectual property

All intellectual property owned by JSG Global before an engagement, including our methodologies, frameworks, tools, templates and know-how, remains our property.

Upon full payment of the relevant fees, you receive a perpetual, non-exclusive, non-transferable licence to use the deliverables created for you under the engagement for your own business purposes. We retain ownership of the underlying work product and processes used to create the deliverables.

9. Confidentiality

Each party will keep confidential all non-public information received from the other party in connection with an engagement, and will not disclose it to any third party without written consent, except where disclosure is required by law or to professional advisers who owe a duty of confidentiality. This obligation survives the completion or termination of an engagement.

10. Limitation of liability

To the fullest extent permitted by law, JSG Global excludes liability for indirect, incidental or consequential loss, including loss of profits, revenue, goodwill or business opportunity, arising from the services or your use of the Website.

Where liability cannot lawfully be excluded, our aggregate liability arising from a single engagement is limited to the fees actually paid by you for that engagement in the 12 months preceding the claim, except where such a limitation is not permitted by the Australian Consumer Law or other applicable law. This clause does not limit or exclude your Non-Excludable Rights.

11. Third parties and subcontracting

We may engage suitably qualified third parties, contractors or subcontractors to assist in delivering services, provided we remain responsible for the quality and performance of the services we agree to provide. Where an engagement involves third-party software, platforms or licences, those items are supplied subject to the relevant third party’s own terms.

12. Suspension and termination

Either party may terminate an engagement by giving at least 14 days’ written notice to the other party. We may also suspend or terminate an engagement immediately if you fail to pay an invoice when due, breach these Terms in a material way, or if continuing the engagement would place us in breach of the law.

On termination, you must pay all fees for work performed up to the effective date of termination, and we will provide reasonable handover of completed deliverables paid for in full.

13. Privacy

We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy, which forms part of these Terms.

14. Events beyond our control

We are not liable for delays or failure to perform caused by events beyond our reasonable control, including natural disasters, industrial action, power or communications failures, government restrictions or other force majeure events. Where such an event occurs, we will notify you and agree a reasonable extension of time.

15. Changes to these Terms

We may update these Terms from time to time by publishing a revised version on this page. The revised version applies from the date of publication. Continued use of the Website or engagement of our services after publication constitutes acceptance of the updated Terms.

16. Governing law and dispute resolution

These Terms are governed by the laws of Victoria, Australia, and the Commonwealth of Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.

Before commencing formal proceedings, the parties agree to attempt to resolve any dispute in good faith through direct discussion, and, if unresolved, through mediation with a mediator agreed by both parties, with the costs of mediation shared equally.

17. Contact us about these Terms

If you have any questions about these Terms of Service, please contact:

JSG Global Pty Ltd
ABN 88 702 752 921
Melbourne VIC, Australia
Email: ceo@jsgglobal.online