Please read these terms carefully before engaging our services.
These Terms and Conditions ("Terms") govern the provision of consulting services by Arkfield Analytics (ABN 98 386 796 282) ("Arkfield", "we", "us", or "our") to clients ("you" or "Client"). By engaging our services, you agree to be bound by these Terms.
These Terms, together with any engagement agreement, statement of work, or quote accepted by you, form the entire agreement between the parties.
Arkfield provides financial modelling, insurance and risk consulting, and data analytics services as described in the relevant engagement agreement or statement of work agreed with you prior to commencement.
We reserve the right to engage suitably qualified subcontractors to assist in the delivery of services. Arkfield remains responsible for the quality of work delivered regardless of subcontractor involvement.
An engagement is formed when you accept a written quote or statement of work from Arkfield, either by signing an engagement agreement or by written confirmation via email. We will not commence work until acceptance has been confirmed and, where applicable, a deposit has been received.
Fees are as set out in the relevant quote or engagement agreement. Unless otherwise agreed:
Payment is due within 14 days of invoice. If you have a valid reason for requiring more time, contact us before the due date — we will consider extensions on a case-by-case basis and no interest will be charged where an extension is agreed. Where payment is overdue without prior agreement, we reserve the right to charge interest at 10% per annum, calculated daily, from the due date.
All fees are quoted in Australian dollars (AUD) and are exclusive of GST unless stated otherwise. GST will be added where applicable.
Any changes to the agreed scope of work must be agreed in writing prior to commencement of the additional work. Arkfield will provide a revised quote for any out-of-scope work. We will not commence out-of-scope work without written approval and, where a deposit applies, receipt of that deposit.
Each party agrees to keep confidential all non-public information disclosed by the other party in connection with the engagement and not to use such information for any purpose other than performing its obligations under these Terms. This obligation survives termination of the engagement for a period of three (3) years.
Arkfield will not disclose, publish, or use your confidential data or information in any manner without your prior written consent.
Upon receipt of full payment, Arkfield assigns to you all intellectual property rights in the deliverables created specifically for your engagement. Arkfield retains ownership of any pre-existing methodologies, tools, templates, and know-how used in the delivery of services.
Arkfield warrants that services will be performed with reasonable skill and care, in a professional manner consistent with industry standards.
Our deliverables are based on information and data provided by you. We do not warrant the accuracy of outputs where they are dependent on inaccurate, incomplete, or misleading input data. Financial models and forecasts are projections based on assumptions — actual results may differ materially from projections.
Nothing in these Terms constitutes financial advice, legal advice, tax advice, or actuarial certification unless explicitly stated in writing in the engagement agreement.
To the maximum extent permitted by Australian law, Arkfield's total liability to you for any loss or damage arising out of or in connection with our services is limited to the total fees paid by you in the three (3) months preceding the claim.
Arkfield is not liable for any indirect, incidental, special, or consequential loss, including loss of profit, loss of revenue, loss of data, or loss of opportunity, whether or not we were advised of the possibility of such loss.
Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under Australian Consumer Law.
Either party may terminate an engagement by providing 14 days' written notice. In the event of termination:
These Terms are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales.
We may update these Terms from time to time. The current version will always be available on our website. Continued engagement following any update constitutes acceptance of the revised Terms.
For any questions regarding these Terms, please contact us at contact@arkfieldanalytics.com.au.