Terms and Conditions
Last Modified: July 01, 2017
These are the general Terms and Conditions (Terms) under which all products and services are supplied and undertaken by Fusion Business Innovation & Technology Consultants (Fusion), its employees, associates, affiliates, contractors and representatives, unless any individual Product or Service we provide specifies either its own terms and conditions or terms and conditions in addition to these. In such cases, these Terms are amended solely to the extent of any conflict or inconsistency between them and the terms and conditions applicable to any specific Product or Service.
These Terms apply equally to all our Clients, defined as individuals and legal entities howsoever constituted who
- access our website,
- take advantage of generic Products and Services provided by Fusion, and
- engage Fusion for a fee to provide Products and Services specifically required by them.
These Terms must be read in conjunction with, and are subject to, any scoping document or letter or quotation from Fusion to the Client. These Terms and those documents together govern the contract between the Client and Fusion for all Products and Services provided.
The terms Product and Service include
- all web based or stand alone products created by Fusion and/or by third parties but supplied or facilitated by Fusion either manually or electronically, and
- all original standard or specially designed services including consultancy or support services provided by Fusion, its servants, agents, contractors or affiliates.
3 Our website contains general information only and we are not, by means of our website or any part thereof, rendering professional advice or services. Before making any decision or taking any action that might affect your business, you should consult a qualified professional advisor.
4 Our website is provided as is, and we make no express or implied representation or warranty regarding it. Without limiting the foregoing, we do not warrant that this website will be error-free, virus-free or will meet any particular criteria of performance or quality. We expressly disclaim all implied warranties not imposed by law, including, without limitation and to the extent permissible, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.
5 Your use of our websites and any of the programs or facilities accessible through our website (including but not limited to use as an affiliate, the Business Continuity Self Assessment program, remote support, on-line meetings, webinars, on-line payments and the learning centre) is at your own risk and you assume full responsibility and risk for any loss resulting from your usage. We will not be liable for any direct, indirect, special incidental, consequential, or punitive damages or any other damages that can be excluded by law, whether in an action of contract, statute, tort (including, without limitation, negligence), or otherwise, relating to the use of our websites. Please refer to our Disclaimer accessed via our website.
6 The content of our website is being updated regularly. Updates, including variations to our terms and conditions of use, are applicable from the date of posting.
7 None of the content of our website constitutes legal or other professional advice, no contractual or other relationship is created between the provider and the user of our websites, and no responsibility is taken for the content or availability of linked or referred websites.
8 In providing Consulting Services, Fusion shall exercise the degree of skill, care and diligence normally exercised by consultants in similar circumstances.
9 Generally, documentation in relation to the consultancy service, including any or all of the following: proposal, letter of engagement, project plan, resource schedule or other document, will be provided and will indicate the scope of consultancy service required.
10 If the original agreed scope of work is to be varied, or circumstances change which require a change in the scope, Fusion may decline to act for the new scope of work or may review the fee and/or any estimate of fees/expenses previously given. These Terms also apply to any new/revised scope.
11 Unless specifically instructed otherwise however, Fusion is not liable to make independent investigations in order to verify the veracity, completeness or content of information provided to it by the Client or by a third party for and on behalf of the Client and may assume that all information provided by the Client is correct.
12 All Client information of a confidential nature received from or discussed with the Client shall remain confidential and, other than as allowed or required by law, will not be disclosed by Fusion to any independent third party without the consent of the Client.
13 Terms of payment and the related fee for service shall be agreed on a case by case basis following scope of the work required. Work performed outside the scope provided will be charged at the additional rate advised to the Client. Fees will be invoiced and payable within 7 days.
14 Fusion does not provide professional legal or other professional advice and any comments and suggestions made by Fusion in its capacity as consultant that are acted upon by the Client are undertaken as the client’s own decision and Fusion recommends that, before acting upon any such comment or suggestion, relevant professional advice is sought.
Self Assessment Tool
15 The Business Continuity Self Assessment Tool is a questionnaire that seeks information about your business. The Report Card generated from the answers you provide is not and does not amount to professional advice. The report points out areas for potential improvement which you may or may not decide to pursue further.
16 You warrant that the answers provided by you, your representatives, agents, contractors, service providers and employees in the self assessment tool are correct or are accurate to the best of your knowledge and belief.
17 Any decision made by the Client on the basis of the Report Card is at the sole discretion of the Client and any such decision is made with the full understanding that Fusion is not responsible for and shall be held harmless against any loss or damage that may result from any such decision.
Business Continuity Plan
18 The Business Continuity Plan is a service provided by Fusion and is a separate agreement with its own terms and conditions in addition to these terms. The parties to each Business Continuity Plan agreement entered into with Fusion agree to the terms set forth in those agreements.
19 The Business Continuity Plan is a structured response to the Self Awareness Report Card prepared following discussions with the Client and representatives, agents, contractors, service providers and employees of the Client and contains recommendations for consideration only. Fusion takes no responsibility for the accuracy of such information.
20 The Business Continuity Plan is accurate as at its preparation date and does not incorporate any changes to business procedures or operational environment after that date.
Maintenance and Support
21 Any maintenance and support service agreement entered into covers only those areas in the scope of work agreed with the Client and it is understood that any assessment of and report on a backup function or procedure is undertaken at a point in time and any report generated necessarily reflects only that point in time.
22 Fusion is not responsible for the accuracy of any tests or other function provided or undertaken by the client and, amongst others, by the client’s representatives, agents, contractors, service providers and employees as part of the tests and functions required by the maintenance and support service agreement.
23 Fusion is not responsible for any loss of data or the consequences of any loss of data as a result of or arising out of any test or audit procedures undertaken as part of a maintenance and support service agreement.
eBooks, Posts, Blogs and Articles
The following Terms are applicable to your use of our eBooks, Posts, Blogs and Articles accessed through our website or forwarded to you as a subscriber:
24 Our eBooks, Posts, Blogs and Articles are solely designed to offer information and opinions readily available on the internet to people interested in learning more in relation to the relevant systems.
25 The content of our eBooks, Posts, Blogs and Articles is an expression of opinions and not professional advice. Fusion, its employees, agents and representatives make no guarantee or other promise as to any results that may be obtained from using the information provided.
26 You are solely responsible for the use of any eBook, Post, Blog or Article content and hold Fusion harmless in the event of any claim arising therefrom.
27 You should always without exception consult with your I.T. professional personnel to discuss any of the views expressed.
28 The relationship between Fusion and a Client and these Terms shall be governed by Victorian law and is subject to the exclusive jurisdiction of the courts and tribunals of the State of Victoria.
The Trustee for the Jarrod Clowes Family Trust (ABN 32 253 891 272) trading as
Fusion Business Innovation & Technology Consultants (Fusion).