1. Acceptance of these terms
These Terms of Service apply to all services provided by A Kumar Entertainment Pty Ltd, trading from Melbourne VIC, Australia (ABN 60 703 590 783), referred to in these terms as “we”, “us” or “our”. By engaging our services, requesting a quotation, accepting a proposal or making any payment to us, you agree to be bound by these terms. If you do not agree with any part of these terms, please contact us at ceo@akumarentertainment.online before proceeding.
2. Services
We provide professional business and consulting services. The specific scope, deliverables, timelines and fees for each engagement will be set out in a written proposal, quotation or statement of work agreed between you and us. Where a written agreement exists between us, that agreement prevails over these terms to the extent of any inconsistency.
3. Quotations and fees
- Quotations are provided in Australian dollars (AUD) and are valid for the period stated on the quotation, or thirty (30) days if no period is stated.
- Quotations are based on the information available at the time of preparation. If the scope of work changes, we may revise the quotation or issue a variation request for your approval before proceeding.
- Fees are exclusive of GST unless stated otherwise. Where GST applies, it will be added at the prevailing rate.
- Invoices are payable within fourteen (14) days of the invoice date unless another arrangement is agreed in writing.
- We may suspend work or withhold deliverables where an invoice remains overdue, following reasonable notice to you.
4. Your obligations
To enable us to deliver our services, you agree to provide accurate, complete and timely information, documents and access as reasonably required; to respond to our communications within a reasonable time; and to ensure that any materials you supply to us do not infringe the rights of any third party. Delays caused by a failure to meet these obligations may affect agreed timelines and fees.
5. Intellectual property
All pre-existing intellectual property, including our methodologies, templates, frameworks and internal documents, remains our property or the property of our licensors. Upon full payment, you receive a licence to use the deliverables produced specifically for you for the purposes of your business. You retain ownership of the materials you provide to us.
6. Confidentiality
We treat your business information as confidential and will not disclose it to third parties except where required by law, or where disclosure is necessary to deliver the services (for example, engaging a sub-contractor under equivalent confidentiality obligations). You likewise agree to keep confidential any non-public information we share with you.
7. Liability
Nothing in these terms excludes, restricts or modifies any rights you have under the Australian Consumer Law or any other applicable legislation that cannot lawfully be excluded. Subject to that, our liability for any loss or damage arising from the services is limited, at our option, to the resupply of the affected services or the payment of the cost of resupplying those services. We are not liable for indirect or consequential loss, including loss of profits or data, arising from the use of our services.
8. Advice and reliance
Any advice, reports or recommendations we provide are based on the information you supply and our professional judgement at the time of preparation. You are responsible for verifying the suitability of that advice for your particular circumstances before acting on it. We recommend obtaining independent legal, financial or tax advice where appropriate.
9. Cancellation and termination
Either party may terminate an engagement with written notice. You remain liable for all work performed and any costs incurred up to the date of termination. Where a deposit has been paid, it may be applied against work performed to the date of termination. Cancellation of a confirmed booking within forty-eight (48) hours of the scheduled commencement date may incur a cancellation fee.
10. Force majeure
We are not liable for delays or failure to perform our obligations caused by events beyond our reasonable control, including natural disasters, utility or network outages, industrial action, or changes to government restrictions.
11. Dispute resolution
If a dispute arises, both parties agree to first attempt to resolve it in good faith through direct negotiation. If the dispute is not resolved within thirty (30) days, the parties may agree to mediation before commencing proceedings. These terms are governed by the laws of Victoria, Australia, and the parties submit to the exclusive jurisdiction of the courts of Victoria.
12. General
- These terms, together with any agreed proposal or statement of work, form the entire agreement between the parties in respect of the services.
- If any provision of these terms is found to be invalid or unenforceable, the remaining provisions continue in full force.
- Our failure to enforce a right under these terms is not a waiver of that right.
- We may update these terms from time to time. The version published on this website applies to new engagements from the date of publication.
13. Contact
For questions about these Terms of Service, please contact A Kumar Entertainment Pty Ltd by email at ceo@akumarentertainment.online. Business information: A Kumar Entertainment Pty Ltd, ABN 60 703 590 783, Melbourne VIC, Australia. Website: akumarentertainment.online.
Last updated: 1 January 2025