PPH Consulting
PPH Consulting PTY LTD offer value for money and great results for our clients. Our broad range of services are delivered within Australia to an agreed statement of work.
When registering or requesting consulting services, please ensure to include all your contact details.
If you have any questions, please do not hesitate to email info@pphcosulting.com.au.
Fee Structure
All fees are + GST at 10%. The fee stated covers the time required to perform the stated tasks. Any additional tasks required will be charged at an agreed fee prior to commencement.
Payment of Fees
For consulting services, fee is payable as agreed within Statement of Work (SoW), Payment is due within 30 days for fixed price or time and material milestones. Payment can be made by credit card, debit card, direct funds transfer or cheque. For further information please email us at info@pphconsulting.com.au. If a purchase order is provided. The purchase order represents a legal offer to confirm the services.
Credit Card Payments
All payments made by Visa and MasterCard are subject to a 2% surcharge. All payments made by AMEX are subject to a 3% surcharge. This is unfortunately due to the additional merchant fees PPH Consulting is charged for processing the payment.
Confidentiality Each party will keep confidential and not disclose or make public the Confidential Information of the other party without the prior written consent of the other party.
Quotation Validity
Proposals are valid for a period of 30 (thirty) days from the date issued.
Intellectual Property
DEFINITIONS
In this clause and agreement, we use the following definitions:
(a) “Developed Materials” means all Materials developed by PPH Consulting during and for the purpose of this agreement;
(b) “Pre-Existing Materials” means all Materials developed by either party before the date of this agreement;
(c) “Materials” means all methodologies, audit steps, processes, training practices, deliverables, tangible and intangible information, documents, reports, drawings, designs, software (including source and object code), concepts, data and other materials in any media whatsoever; and
(d) “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.
OWNERSHIP OF MATERIALS
(a) The parties will each retain ownership of all Intellectual Property Rights in their respective Pre-Existing Materials.
(b) PPH Consulting will own all Intellectual Property Rights in all Developed Materials, from the moment those Developed Materials are created.
(c) If there are any Pre-Existing Materials of the Client incorporated in the Developed Materials, the Client will continue to own the Intellectual Property Rights in any Pre-Existing Materials that are incorporated in the Developed Materials and PPH Consulting will not commercialise those elements of the Developed Materials.
(d) All Developed Materials will be marked with a PPH Consulting Copyright notice, which must not be altered or removed.
LICENCE TO MATERIALS & RESTRICTIONS ON USE
(a) (Licence to PPH Consulting of Pre-Existing Material) To the extent necessary for PPH Consulting to perform the Services, the Client grants PPH Consulting a non-exclusive, revocable, worldwide, non-transferable and royalty-free licence to use, adapt and modify the Client’s Materials during the Term of this agreement for the purpose of performing the Services. PPH Consulting will not modify the Client’s Pre-Existing Materials unless necessary for the Services. This licence does not include a right to sublicense or commercialise the Client’s Pre-Existing Materials.
(b) (Licence to Client of Developed Material) Unless otherwise stated in the scope of Services, PPH Consulting grants to the Client a single-use licence to any Developed Materials (and incorporated PPH Consulting Pre-Existing Materials) provided to the Client under this agreement, for the sole purpose of the Client enjoying the benefit of the Services. For all Materials provided to the Client, the Client must not:
(i) reproduce, copy, imitate, or otherwise attempt to re-use the Materials for internal or external business purposes outside of the scope of Services, including but not limited to delivering training materials again, photocopying hard-copy materials or recording any presentations;
(ii) share, sublicense, distribute, sell or otherwise attempt to commercialise the Materials in any way to any third parties, whether for free or by charging fees; or
(iii) unless otherwise agreed in the scope of Services, modify or attempt to adapt the Materials in any way. If the scope of Services states that the Client may modify or attempt the Materials for a certain purpose, the right is strictly limited to that purpose.
(c) (Additional Uses Royalty-Fees) If the Client wishes to do any activity restricted by clause, the Client must notify PPH Consulting giving details of the intended use case. If PPH Consulting agrees to the use case, the parties will agree to a royalty-fee payable to PPH Consulting.
THIRD PARTY MATERIALS
The Client acknowledges and agrees that:
(a) the Developed Materials may include Intellectual Property Rights owned by third parties and licensed to PPH Consulting under a separate agreement (Third Party IP);
(b) the ownership and licence restrictions in this clause will apply to all Third Party IP; and
(c) if the Client breaches this clause which causes the owner of relevant Third Party IP to seek damages, the Client will be liable for any losses caused by the Client’s breach.
Cancellations and Changes
PPH Consulting will provide a full refund less the 15% administration fee for cancellations of engagement where adequate notice of no less than 30 days is provided in writing. Both parties will be bound to signed SoW terms and conditions.
Refunds
In the case where a refund is made to the customer by PPH Consulting, the refund may take up to 60 working days to be processed.
Complaints
Clients have the right to make a complaint or an appeal and will be notified of investigation results in writing. If you wish to make a complaint, please contact us as soon as possible after the event and/or engagement that has caused you concern. We will investigate and respond within 30 working days.
Liability
PPH Consulting endeavour to satisfy the requirements of their clients. In the unlikely event of any claim, action or demand made against PPH Consulting, PPH Consulting liability will be capped at the total amount of fees received from the client pertaining to the work in any consecutive 2-month period.
No Poaching
The Customer undertakes to not entice away or endeavour to entice away from PPH Consulting any employee or contractor of PPH Consulting within 2 years of completing any work carried out unless otherwise agreed in writing by both parties. The Customer acknowledges that the prohibition and restriction contained in this clause are reasonable in the circumstances and necessary to protect the business of PPH Consulting.
Severability
If any provision of these terms is held to be invalid, all the other provisions of these terms will remain in full force and effect.
Entire Agreement
These terms supersede all prior agreements, arrangements and undertakings between the parties and constitute the entire agreement between the parties in relation to the Services.
Acceptance
By instructing PPH Consulting to commence work, you are accepting the above terms.
Please contact us if you have any questions regarding our terms and conditions.