Register Your Business in 24 Hours – FREE Name Search + Expert Setup. Get Started Today!
Supporting your people is supporting your business!
This Agreement is made between Factor1 HR Consulting (“Consultant”) and the Client (“Client”).
The Consultant shall provide HR consulting services as agreed upon in writing with the Client. These may include, but are not limited to, coaching, strategic HR advice, recruitment support, compliance guidance, performance management, and organizational development. Any services outside this scope will be treated as additional and billed accordingly.
Protection does not apply if advice from the Consultant wasn’t sought and followed, or if the claim relates to unpaid entitlements (excluding back-pay), physical or psychological injury, or property damage. It also excludes costs for workplace changes, fines or penalties, future earnings ordered by a court, industrial disputes, claims made outside the protection period or outside Australia, and certain legal orders like injunctions. Claims known or expected before coverage began are also not covered.
The Client acknowledges that the Consultant’s role is to provide guidance and support, and that all employment decisions remain the responsibility of the Client.
The Client is responsible for implementing any recommendations and ensuring compliance with applicable laws. The Consultant is not responsible for outcomes resulting from incomplete or inaccurate information provided by the Client.
Where the Consultant is engaged to conduct workplace investigations or provide services in relation to sensitive matters (including but not limited to grievances, misconduct, or disciplinary processes), the Consultant shall act as an independent third party. The Consultant’s role is to facilitate a fair and objective process based on the information provided.
The Consultant shall not be liable for any outcomes arising from the Client’s internal decisions, lack of cooperation, or failure to implement recommendations. The Client agrees to provide timely access to relevant personnel, documentation, and information necessary for the Consultant to perform the services effectively.
The Consultant does not assume responsibility for legal compliance or enforceability of any outcomes unless expressly agreed in writing.
Fees shall be agreed upon in writing prior to commencement of services. Payment is due within 14 days of invoice. All fees are quoted excluding GST.
Hourly consulting fees will be invoiced at the end of each month in which it is completed (E.g., billable hours undertaken in March will be invoiced within the 1st week in April).
Fixed price products that must be purchased upfront will be invoiced as requested (e.g., Engagement Surveys/training delivery) and will be presented in a cost list.
Additional services and consulting time requested, outside of the initial timeline proposal is $305 per hour (excluding GST).
The Client agrees to reimburse the Consultant for all reasonable disbursements incurred in connection with the Services, including but not limited to travel expenses, third-party costs, subscriptions, and legal advice, provided such disbursements are pre-approved or reasonably necessary for the performance of the Services.
The Consultant reserves the right to suspend the provision of Services in the event of non-payment by the Client, without prejudice to any other rights or remedies available under this Agreement or at law.
The Consultant shall maintain professional indemnity insurance and public liability insurance as required by law.
This Agreement shall commence on the Effective Date and continue until terminated by either party with 14 days written notice. Upon termination, all outstanding fees shall be payable and confidential obligations shall remain in effect.
Either party may terminate this Agreement immediately by written notice if the other party commits a material breach, engages in misconduct, or fails to make payment when due.
We share basic information with other entities part of the Firm’s group for referral purposes. By accepting this engagement, you consent to your information being passed on for referral to either our internal provider or an external business.
Unless otherwise agreed in writing, the Consultant retains a non-exclusive, royalty-free license to use anonymized work products for portfolio, benchmarking, or internal training purposes.
We will inform you if we become aware of any conflict of interest in our relationship with you (including between the various people this engagement letter covers) or in our relationship with you and another client. Where conflicts are identified which cannot be managed in a way that protects your interests then we will be unable to provide further services to some or all the people to whom this engagement applies. If this arises, we will inform you promptly.
Both parties agree to maintain the confidentiality of all proprietary and sensitive information exchanged during the engagement. This obligation survives termination of the Agreement.
We will take all reasonable steps to keep your information confidential, except where:
We may retain your information during and after our engagement to comply with our legal requirements or as part of our regular IT backup and archiving practices. We will continue to hold such information confidentially. Client files will be retained for a minimum of 7 years unless otherwise required by law.
We may mention that you are a client for promotional purposes.
All pre-existing intellectual property remains the property of the original owner. Any new IP created during the engagement shall be assigned to the Client unless otherwise agreed.
The Consultant shall comply with the Privacy Act 1988 (Cth) and all applicable Australian privacy laws. The Consultant’s handling of personal information is governed by its Privacy Policy, available at: https://factor1.com.au/privacy-policy/. By engaging the Consultant, the Client acknowledges and agrees to the terms of this policy.
Personal data shall be handled securely and only for the purposes of service delivery.
You must make all necessary notifications and obtain any necessary consent for us to process the personal information you provide to us. We collect and use that personal information for the purpose of providing the services described in the engagement letter to you and we will comply with the Privacy Act 1988 (Cth) when processing that personal information. Our privacy policy provides further details of our privacy practices.
We hold professional indemnity insurance of at least the minimum amount as required by law.
The Consultant’s liability is limited to the total fees paid under this Agreement. The Consultant shall not be liable for indirect or consequential losses. The Client agrees to indemnify the Consultant against claims arising from misuse of services.
The services, information, feedback, and discussions provided by Factor1 HR Consulting are intended to support Clients in making informed business decisions. However, such content is general in nature and does not constitute legal, financial, or other professional advice. Clients are responsible for exercising their own independent judgment and, where appropriate, seeking advice from qualified professionals.
While our consulting methodology aims to provide objective insights and strategic guidance, the Consultant makes no representations or warranties, express or implied, regarding the applicability, effectiveness, or outcomes of any recommendations or services provided. The implementation of any advice or strategies remains solely at the discretion of the Client.
To the maximum extent permitted by law, the Consultant shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, business interruption, or reputational harm, arising out of or in connection with the use of our services or reliance on any content provided, regardless of the cause or circumstances.
Our advice and information are for your sole use, and we accept no responsibility to any third party unless we have expressly agreed in the engagement that a specified third party may rely on our work.
You must advise us of any changes to your contact details. We may send any communications to the last contact details you have provided. Unless you instruct us otherwise, we may, where appropriate, communicate with you and with third parties via email or by other electronic means. The recipient is responsible for virus-checking emails and any attachments. There is a risk of non-receipt, delayed receipt, inadvertent misdirection or interception by third parties in any form of communication, whether electronic, postal or otherwise. We are not responsible for any such matters beyond our control.
The Client agrees to provide accurate and complete information necessary for the Consultant to perform the Services. The Client is responsible for implementing any recommendations and for all decisions made based on the Consultant’s input.
The Consultant is an independent contractor and not an employee of the Client.
In the event of a dispute, the parties agree to attempt resolution through good faith negotiation. If unresolved, the matter shall proceed to mediation, and if still unresolved, to arbitration or litigation in accordance with applicable laws.
The parties agree that electronic signatures are valid and enforceable under the Electronic Transactions Act 1999 (Cth) and may be used to execute this Agreement and related documents.
The Services provided are advisory in nature and do not constitute legal or financial advice. The Consultant makes no guarantees regarding compliance outcomes or employment-related decisions made by the Client.
The Client shall indemnify and hold harmless the Consultant from any claims, losses, damages, or liabilities arising from or in connection with the use of inaccurate, incomplete, or misleading information supplied by the Client.
The Consultant shall not be liable for any delay or failure to fulfil its obligations due to events beyond its reasonable control, including but not limited to pandemics, natural disasters, or government restrictions.
During the term of this Agreement and for 12 months thereafter, the Client agrees not to solicit or employ any employee or contractor of the Consultant without prior written consent.
The provisions of this Agreement relating to confidentiality, intellectual property, indemnities, limitations of liability, and any other clauses which by their nature should survive termination, shall survive the termination or expiration of this Agreement.
This Agreement will be governed by and interpreted in accordance with the laws of the Commonwealth of Australia and the jurisdiction of the courts in the applicable State or Territory, i.e. Victoria, Australia.
The Consultant reserves the right to amend these Terms at any time. Any changes will be communicated to the Client in writing and shall become effective upon such notification.
If any provision of the engagement letter or these terms is void, that provision will be severed, and the remainder will continue to apply. If there is any conflict between the engagement letter and these terms, these terms prevail.
There are many matters to consider in this agreement, and we ask that you consider all aspects of this letter to ensure that you are satisfied with the scope of our agreement. Please contact us if you have any queries about these Terms and Conditions.
We now provide SMS delivery alongside standard email delivery for the digital signing of documents. This will give you the choice to sign by using your mobile phone or computer. Please notify us if this is not something you would like to receive via SMS.
Once you are satisfied with the terms of this letter, would you please have all people sign and date this letter in the places indicated, then forward it to us as evidence of your acceptance of the terms of our agreement.
We thank you for the opportunity to provide Human Resource services to you and your business.
If you have any questions about these terms, your consultant is happy to talk them through with you. You are also welcome to contact our office at any time.
