Terms of Service
1. Formation of Contract
1.1 A binding contract is formed between you and Licensing Specialists when you accept a written fee proposal, pay an invoice, or otherwise confirm, whether in writing or verbally, that these Terms and Conditions apply.
1.2 These Terms and Conditions prevail over any terms or conditions proposed by you, unless expressly agreed in writing by Licensing Specialists.
2. Fees and Payment
2.1 All services are provided on a fixed-fee basis. Fees will be quoted and agreed in writing prior to the commencement of any work.
2.2 Licensing Specialists will not commence work until the agreed fee has been accepted and payment has been made in accordance with the agreed payment terms.
2.3 Fixed fees are determined based on the scope, complexity, and regulatory requirements of the relevant licensing application.
2.4 Any variation to the agreed scope of work may require a revised fee. No additional work will be undertaken unless and until the revised scope and fee are agreed in writing.
2.5 Government fees, statutory charges, application fees, renewal fees, and any third-party costs are not included in Licensing Specialists fees unless expressly stated in writing and remain your sole responsibility.
3. Application Outcome and No Guarantee
3.1 Licensing Specialists will exercise reasonable care and skill in preparing and managing licensing applications and associated documentation.
3.2 Licensing Specialists does not guarantee, warrant, or represent that any licence, approval, or regulatory outcome will be granted by the relevant state or territory licensing authority or any other regulatory authority.
3.3 You acknowledge that all licensing decisions are made exclusively by the relevant regulator and are outside the control of Licensing Specialists. Licensing Specialists is not liable for any loss, damage, cost, or detriment arising from an application being refused, delayed, withdrawn, or otherwise unsuccessful.
4. Refund Policy
4.1 Fixed fees are non-refundable once work has commenced, except where a refund is required by law.
4.2 Where a fixed fee has been paid and work has not yet commenced, Licensing Specialists may, at its discretion, refund the fee less any administrative or preparatory costs incurred.
5. Client Responsibilities
5.1 You must provide accurate, complete, current, and truthful information and documentation as requested to enable licensing assessments and application preparation.
5.2 If you provide information that is false, misleading, incomplete, or outdated, Licensing Specialists may suspend or terminate services immediately. In such circumstances, no refund will be payable.
5.3 You are responsible for ensuring that all information provided remains accurate at the time it is submitted to the regulator.
6. Privacy and Confidentiality
6.1 Licensing Specialists complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles in relation to the collection, use, storage, and disclosure of personal information.
6.2 Personal information is used solely for the purpose of providing licensing consultancy services and may be disclosed to third parties only where necessary to perform those services or where required or authorised by law.
7. Governing Law and Jurisdiction
7.1 These Terms and Conditions are governed by the laws of Queensland, Australia.
7.2 You irrevocably submit to the exclusive jurisdiction of the courts of Queensland in respect of any dispute arising out of or in connection with these Terms and Conditions.
8. Limitation of Services and Advice
8.1 Licensing Specialists does not act as a regulator, decision-maker, legal representative, or registered training organisation.
8.2 Any information provided regarding licensing requirements is general in nature and does not constitute legal advice.
8.3 Where qualifications or third-party services are required, Licensing Specialists may explain the requirement and refer you to independent third-party providers. Licensing Specialists is not responsible for the services, outcomes, or conduct of those providers.
9. Reliance on Client Information
9.1 Licensing Specialists relies on the information and documentation supplied by you.
9.2 Licensing Specialists does not verify the accuracy, completeness, or authenticity of information provided by you unless expressly agreed in writing.
9.3 You acknowledge that any error, omission, inconsistency, or misrepresentation in information you provide may adversely affect the outcome of an application and release Licensing Specialists from liability arising from such matters.
10. Timeframes and Delays
10.1 Any timeframes provided are estimates only and do not constitute guarantees.
10.2 Licensing Specialists is not responsible for delays caused by regulators, third parties, regulatory changes, requests for further information, or delays resulting from your failure to provide information promptly.
10.3 Delays outside the control of Licensing Specialists do not constitute a breach of these Terms and Conditions and do not entitle you to a refund.
11. Suspension or Termination of Services
11.1 Licensing Specialists may suspend or terminate services immediately if you fail to provide requested information, fail to respond within a reasonable timeframe, or breach these Terms and Conditions.
11.2 Licensing Specialists may also terminate services where continued engagement would, in its reasonable opinion, create legal, regulatory, or reputational risk.
11.3 Fees paid remain non-refundable following suspension or termination, except where required by law.
12. Limitation of Liability
12.1 To the maximum extent permitted by law, Licensing Specialists excludes all liability for indirect, consequential, incidental, or economic loss, including loss of income, loss of profit, or loss of business opportunity.
12.2 Licensing Specialists total aggregate liability for any claim arising out of or in connection with the services is limited to the total fees paid by you for the relevant services.
12.3 Nothing in these Terms and Conditions excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot be excluded under the Australian Consumer Law.
13. Indemnity
13.1 You indemnify and hold harmless Licensing Specialists, its directors, officers, employees, and contractors from and against any loss, damage, liability, cost, or expense arising from inaccurate, misleading, unlawful, or incomplete information provided by you.
13.2 This indemnity extends to claims arising from regulatory action, third-party claims, or legal proceedings connected to your licensing application.
14. Force Majeure
14.1 Licensing Specialists is not liable for any failure or delay in performance caused by events beyond its reasonable control, including regulatory changes, system failures, industrial action, natural disasters, or government action.
15. Intellectual Property
15.1 All documents, templates, workflows, written materials, and processes created by Licensing Specialists remain its intellectual property unless otherwise agreed in writing.
15.2 You may use such materials solely for the purpose of your licensing application and must not reproduce, distribute, or use them for any other purpose without prior written consent.
16. No Waiver
16.1 A failure or delay by Licensing Specialists to exercise any right under these Terms and Conditions does not constitute a waiver of that right.
17. Severability
17.1 If any provision of these Terms and Conditions is held to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.
18. Entire Agreement
18.1 These Terms and Conditions constitute the entire agreement between you and Licensing Specialists and supersede all prior communications, representations, or understandings relating to the services.
19. Assignment
19.1 You may not assign or transfer your rights or obligations under these Terms and Conditions without the prior written consent of Licensing Specialists.
19.2 Licensing Specialists may assign or subcontract its obligations where reasonably necessary to perform the services.
20. Electronic Communications
20.1 You consent to receiving communications, invoices, notices, and documents electronically.
20.2 Electronic acceptance, confirmation, or payment constitutes valid and binding acceptance of these Terms and Conditions.