Legal

1.1/ 3Y1A will act in all professional matters as a faithful adviser to its clients. 3Y1A will exercise all reasonable skill and care in the provision of its professional services and will abide by the codes of ethics or practice specified by the relevant professional bodies.
1.2/ 3Y1A will provide its services to clients in accordance with the scope of work and budgets agreed to with its clients.
1.3/ If 3Y1A becomes aware of any matter that changes the scope of services to be provided, 3Y1A will notify the client of these changes as soon as practicable after the subject circumstances change.
1.4/ 3Y1A will exercise normal reasonable care regarding the services provided by Sub-Consultants retained on behalf of a client and will diligently review all their work but the Sub-Consultant will remain ultimately responsible for the services it provides.
Sub-Consultants employed by the client, where appointed and paid directly by the client or by 3Y1A as agent for the client, will be responsible to the client, and 3Y1A’s responsibility to the client in respect of such Sub-Consultants will be limited to directing them and integrating their services.

2.1/ A client will make available to 3Y1A as soon as practical after the provision of services has been agreed, all information, documents, access and other particulars relevant to the subject provision of services.
2.2/ A client will nominate a person or persons as their representative and give written notice of the names of the person/s so appointed. A client will agree that the nominated persons have authority to act on its behalf for all purposes regarding services provision.
3Y1A will not be obliged to accept or respond to instructions given by any person other than the nominated person/s.
2.3/ A client will co-operate with 3Y1A in all reasonable ways regarding the conduct of the provision of services being undertaken on its behalf.
2.4/ The client will ensure that you, your employees, contractors and agents cooperate with us and do not interfere with or delay the services.

3.1/ The provision of services will be defined in a scope by the task or matters given in 3Y1A’s proposal submitted to the client. Such a proposal may be amended following consultation with the client, in which case the scope will then be 3Y1A’s proposal as modified by any amendments.
3.2/ All amounts quoted in our proposal, agreement or any other documents we provide you that relates to fees or other amounts payable are exclusive of GST unless expressly included.

4.1/ 3Y1A will retain ownership and copyright to all reports, plans, education materials, designs, displays, software, models, source code and other work produced by 3Y1A during the course of fulfilling its provision of services. The client will have a licence to use such documents and materials for the purpose of the provision of services, however such licence will be terminated if the client breaches the obligation to pay 3Y1A.
4.2/ 3Y1A will be granted a licence over any property or documents of the client in the possession of 3Y1A until such time that all invoices issued by 3Y1A have been paid in full.
4.3/ Records of disbursements and expenses pertaining to the work will be kept by 3Y1A and will be available for inspection by the client or the client’s authorised representatives.
4.4/ 3Y1A is entitled to destroy all documents after seven (7) years from the date we send you our final invoice.
4.5/ The client shall to the extent reasonably possible ensure that 3Y1A’s input into the commission is duly recognised in any publicity material that is generated by the client in reference to the commission.

5.1/ In return for the provision of services specified in a proposal submitted by 3Y1A, whether provided in stages or wholly, a client agrees to pay 3Y1A the fees and expenses claimed in invoices submitted for the provision of services. Invoices will be submitted on a monthly basis, or at intervals agreed to with the client, and payment is required within 14 days.
5.2/ A client agrees that if they fail to pay all monies claimed in an invoice, when such payment is due as specified in the subject invoice that 3Y1A will be entitled to:
5.2.i/ Cease further work on the commission until such invoice(s) is paid.
5.2.ii/ Commence debt recovery action as deemed fit upon expiry of 30 days after the due date.
5.2.iii/ In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs.
5.2.iv/ Overdue accounts will be subject to interest at the rate of 13% p.a., calculated for the period the account is due until the date it is paid.
5.3/ 3Y1A reserves the right to review rates quoted and negotiate an increase for any commission that extends longer than 12 months. Any increase is intended to reflect increased costs associated with personnel or equipment that are utilised to complete the commission.
5.4/ In circumstance where work for the client is required in courts, tribunals or commissions of inquiry, a 50% increase in our normal fee rates for professional staff will apply for time spent in court or at inquiries and for meetings with lawyers relating directly to a court hearing or an inquiry.

6.1/ 3Y1A or a client may terminate a commission previously awarded to 3Y1A provided notice of such termination is given in writing with one month’s notice and a client agrees to meet all expenses incurred up to the date of receipt of the subject notice by 3Y1A.
6.2/ Sections 4, 5, 7, 8 and 9 continue to operate after this agreement is terminated.

7.1/ If a dispute arises out of or relates to this agreement, or the breach, termination, validity or subject matter of this agreement that cannot be settled by direct discussions between the parties within 7 days of the date of the dispute first arising, the parties must attempt to settle the dispute by mediation before resorting to arbitration, litigation or some other dispute resolution procedure. The mediator must be agreed upon by the parties, but if the parties are unable to agree, then the President for the time being of the Law Society of NSW will appoint a mediator.

9.1/ “Confidential information” means all information, howsoever described, which is confidential in nature and acquired by 3Y1A (including its personnel) in the provision of the services to the Client.
9.2/ Confidential information excludes information in the public domain (not as a result of a breach of this agreement), information received from a third person (also not the result of any breach by 3Y1A) or information that 3Y1A knew prior to the Confidential information being made available to 3Y1A.
9.3/ 3Y1A will at all times maintain all Confidential information as confidential and not disclose it in any way to another person without the prior authorisation of the Client or required by law.
9.4/ All reports, plans, documents etc will be prepared and made exclusively for the client and 3Y1A will accept no liability whatsoever for claims from third parties to whom the contents of such reports, plans, documents, etc are made known directly or indirectly by the Client, or any other party.
9.5/ Unless otherwise directed in writing by the Client, 3Y1A retains the right to include references to the scope of services in its promotional material. Such references will not include confidential material.