1. About these Terms
These Terms of Service (the Terms) apply to all professional business and consulting services supplied by Boukerrana Pty Ltd (Boukerrana, we, us or our), a company registered in Victoria, Australia, with its principal place of business in Melbourne VIC. Our ABN appears on every quote, proposal and tax invoice we issue.
By engaging us, accepting a quote or proposal, or using the website at boukerranaau.space, you agree to be bound by these Terms. If you are engaging us on behalf of a company or other entity, you confirm that you are authorised to bind that entity to these Terms.
2. Our Services
We provide professional business and consulting services, which may include business advisory, strategy and planning, operational and performance reviews, market and research support, and related consulting engagements, as further described on our services page.
The specific scope of work, deliverables, timelines and fees applicable to your engagement will be set out in a written proposal, statement of work or quote agreed between us (the Engagement Document). Where there is any inconsistency between these Terms and an Engagement Document, the Engagement Document prevails to the extent of the inconsistency.
3. Quotes and Engagement
- Quotes and proposals are valid for 30 days from the date of issue unless a different period is stated.
- A quote or proposal is an invitation to engage us and does not constitute a binding offer. An engagement commences when we confirm our acceptance of your instructions in writing.
- Estimates of time and cost assume the timely provision of information, access, decisions and approvals by you. Delays attributable to you may affect timelines and, where time-based fees apply, total cost.
- Any variations to the agreed scope must be agreed in writing before the additional work is performed.
4. Fees, Invoicing and Payment
- All fees are expressed in Australian dollars (AUD) and are exclusive of Goods and Services Tax (GST) unless stated otherwise. Where GST applies, it will be shown separately on our tax invoice.
- Our tax invoices display our ABN and the amount of GST payable (where applicable).
- Invoices are payable within 14 days of the date of issue unless another payment period is agreed in the Engagement Document.
- We may require a deposit or progress payments for certain engagements, as set out in the relevant Engagement Document.
- If an invoice remains unpaid beyond its due date, we may suspend work on the engagement after giving you written notice, and we may recover reasonable costs of recovering the outstanding amount to the extent permitted by law.
5. Your Obligations
You agree to:
- provide accurate, complete and timely information and access reasonably required for us to perform the services;
- ensure that any materials, data or systems you provide to us are lawfully obtained and that you have the right to share them with us;
- use our deliverables and recommendations only for the purposes of your engagement and in accordance with applicable Australian laws;
- appoint a suitable contact person who can make decisions and provide approvals on your behalf; and
- notify us promptly if any information previously provided changes in a way that may affect the engagement.
6. Confidentiality
Each party must keep confidential all non-public information obtained from the other party in connection with an engagement, and use it only for the purposes of that engagement. These obligations do not apply to information that is or becomes public other than through a breach of these Terms, was lawfully known to the receiving party before disclosure, is independently developed without use of the confidential information, or must be disclosed by law or by a court, regulator or professional body with competent jurisdiction. The obligations in this clause survive the termination of an engagement.
7. Intellectual Property
We retain ownership of our pre-existing intellectual property, including our methodologies, frameworks, templates, tools and know-how. Subject to receipt of full payment, you own the final deliverables prepared specifically for you under an engagement. You retain ownership of all materials you provide to us, and grant us a limited, non-exclusive licence to use those materials solely for the purpose of performing the services.
8. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law (being Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot lawfully be excluded, restricted or modified.
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. To the extent we are permitted by law to limit our liability for a breach of a consumer guarantee, that liability is limited, at our option, to the supplying of the services again or the payment of the cost of having the services supplied again.
9. Limitation of Liability
To the fullest extent permitted by law, and subject to clause 8 (Australian Consumer Law):
- we are not liable to you for any indirect, incidental, special or consequential loss, including loss of profit, revenue, goodwill, opportunity or data, however caused;
- our total aggregate liability arising out of or in connection with an engagement is limited to the fees actually paid by you to us for that engagement; and
- any advice, recommendations and deliverables are provided for your internal business purposes in relation to the agreed scope, and we are not liable for decisions you make, or actions you take, based on outputs used outside that scope.
10. Subcontracting and Personnel
We may, at our discretion and where appropriate, engage suitably qualified consultants or subcontractors to assist in performing the services. We remain responsible for the performance of the services and for ensuring that any subcontractor is bound by confidentiality obligations no less protective than those in clause 6.
11. Suspension and Termination
- Either party may terminate an engagement, without cause, by giving at least 14 days written notice to the other party.
- Either party may terminate an engagement immediately by written notice if the other party commits a material breach that is not remedied within 14 days of written notice, or becomes insolvent.
- On termination, you remain liable to pay for all services properly performed, and all reasonable costs incurred, up to the date of termination.
- Clauses relating to confidentiality, intellectual property, Australian Consumer Law, limitation of liability, general provisions and governing law survive the termination of an engagement.
12. Website Use
The content on boukerranaau.space is provided for general information only. It does not constitute financial, legal, taxation or other professional advice for your specific circumstances, and you should obtain appropriate professional advice before acting on anything published on this website. We do not guarantee that the website will be available uninterrupted or error free, and we may update, suspend or discontinue any part of it at any time.
13. Privacy
We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. By engaging us or contacting us, you consent to us collecting, using and disclosing personal information as described in that policy, for the purpose of providing our services and managing our relationship with you.
14. General Provisions
- Amendments: We may update these Terms from time to time. The current version published on this website applies to any engagement accepted after the update takes effect.
- Force majeure: Neither party is liable for delay or failure to perform obligations (other than payment obligations) caused by events beyond that party's reasonable control.
- Assignment: You may not assign or transfer an engagement without our prior written consent. We may assign an engagement, or notify you of a restructure of our business, with reasonable written notice.
- Notices: Notices under these Terms must be in writing and are sufficiently given if sent by email to the addresses last notified by each party in writing.
- Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force.
- Entire agreement: These Terms, together with the applicable Engagement Document and our Privacy Policy, form the entire agreement between the parties in respect of an engagement.
15. Governing Law
These Terms and any engagement are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts applicable on appeal from those courts. Before commencing proceedings, the parties agree to attempt in good faith to resolve any dispute by direct discussion between senior representatives of each party.
16. Contact Us
If you have any questions about these Terms, or if you wish to give a notice under them, please contact us by email at ceo@boukerranaau.space. Email is the best way to reach us, and we aim to respond to enquiries within two business days.
You may also wish to review our about page to learn more about our company, request an obligation-free estimate via our quote page, or check the regions we support on our service areas page.