Terms and Conditions

Hockey Stick Advisory - Terms and Conditions

Please read and fully understand the terms and conditions (the Terms) below, because upon acceptance of your proposal, you will be bound to comply with the Terms. 

Hockey Stick Advisory offers its Clients two service offering structures, depending on the type of work that is being done:

• Projects: one-off, fixed fee pieces of work. Projects are used for all initial scoping work to determine what Programs are appropriate for a Client, and any ad hoc work that falls outside Programs.
   
• Advisory Retainer Agreements: Clients pay an agreed monthly fee, which allows them to access Hockey Stick Advisory's knowledge, network and expertise on a schedule basis that is outlined in the proposal received and signed by the client. 

1.1 Project Proposal

Hockey Stick Pty Ltd has been engaged as business consultant to the Client as outlined in the proposal statement of works as provided to the client.  

Hockey Stick Advisory will provide a proposal for each Project, detailing: 

• the scope of the services; 
• the fees payable and payment terms; and 
• a project timeline 

1.2 Advisory Retainer agreement commencement

Advisory Retainer agreement will commence upon the date detailed in the proposal provided.

Advisory Retainer agreements run for a minimum period of six months. Following the six-month anniversary of the commencement of the Advisory Retainer agreement, the Retainer may be terminated by either party in writing with 30 days’ notice. If there is an early cancellation as communicated in writing by you, you are required to pay Hockey Stick Advisory Pty Ltd 50% of monthly investment for the balance of the minimum 6 month period. 

1.3 Investment 

The investment with Hockey Stick Advisory Pty Ltd will be as outlined in the supplied proposal document. Any work requested outside of the statement of works will be costed and billed separately, and agreed with the Client before work commences. Invoices for projects will be paid at 50% prior to commencement, with remainder to be paid within 7 days upon project completion.

Invoices for workshops will be paid for 100% of the total fees prior to commencement of the workshop. Retainer advisory agreements will be invoiced monthly for an agreed period of time, to be paid within 7 days of the sent date. Flight/s and hotel costs are in addition to either of the above investment, and will be booked and added to invoice upon confirmation of the proposal agreement is signed from both parties.

1.4 Project Schedule & Variations

For any approved work to stay with expected timeline and budget, it is vital that teams are available for all key workshops, meetings and approvals that are listed in the Project Schedule. The Project Schedule will be agreed by Hockey Stick Advisory and the Client prior to or just after project commencement.

If the Client requires any changes to the scope, approach, deliverables, responsibilities and assumptions set out in this Project Proposal, or what was scoped out for individual deliverables, and cannot provide stakeholder availability to deliver to the agreed Project Schedule, Hockey Stick Advisory will provide an Impact Assessment and likely Change Request that will also detail any timeline and budget change, so that the Client can approve or reject the variance to the project.

1.5 The Client acknowledges and accepts that:

It is its responsibility review all delivered items carefully and make a concise list of any changes/reverts that it would like implemented and communicate this clearly to Hockey Stick Advisory; and

Where deviations from the agreed responsibilities and the Project Schedule (project delays) are instigated by the Client, there is an added cost for Hockey Stick Advisory to carry that is attributed to the team that is assigned to the project (during the delay). This acknowledgment indicates that you are aware of this and will adhere to the process indicated above in 1.4 Project Schedule & Variations. This includes your awareness that there may be delays and added costs applied if the agreed Project Schedule is not adhered to.

2. Use and report of commentary

The Report and any accompanying presentations and commentary (the Commentary) will not be prepared for inclusion in statutory reports, disclosure documents or other disclosure material, information memoranda, or any other reports or data rooms required for use, or access by others outside the Client. 

Hockey Stick Pty Ltd accepts no duty of care or other liability in respect of its services to any person other than the Client, nor in respect of any matter outside the Scope of Work and the limitations identified in this terms and conditions, and any Commentary. 

The views, opinions, forecasts and information contained in any recommendations and any Commentary (including any interim report or presentation) will be based on information believed by Hockey Stick Pty Ltd in good faith to be reliable but unless otherwise agreed in writing by Hockey Stick Pty Ltd, the information will not be independently verified.

3. Termination or suspension

If, at the instance of either party, it is necessary for any reason for the workshop or project to be terminated, cancelled or postponed at any time prior to its completion, the parties agrees to find a mutually agreed date within 30 days of the scheduled date of the project or workshop to deliver the Project in line with Scope of Work. 

3.1 Advisory Retainer agreement proposal

Hockey Stick Advisory will provide a proposal for the Advisory Retainer agreement, detailing: 

• the services offered within the Retainer agreement; 
• fees payable for the Retainer agreement;

Neither party shall be liable to the other for any indirect, economic or consequential loss or damage (whether for loss of profits, depletion of goodwill, loss of business, revenue, data, or good will or otherwise) howsoever arising suffered by a party which arises out of or in connection with the Project. 

5. Ownership of organic content
Ownership in all content produced by Hockey Stick Advisory in delivery of a Project or Advisory Retainer agreement vests in the Client upon creation, including intellectual property HTML/CSS/Javascript code, visual design, pictures and or images and Source Code unless otherwise specified.

6. Imagery

Hockey Stick Advisory will source all images used in blog posts from free stock image services specified by the Client, unless images are supplied by the Client or the Client has purchased custom designed imagery or the custom designed imagery has been included in the Project proposal or Advisory Retainer agreement.

7. Subcontracting

Hockey Stick Advisory can enter into any subcontract with any person or entity for the performance of any part of this Agreement, without the consent of the Client, it being agreed that, notwithstanding such sub-contracting, Hockey Stick Advisory shall remain responsible for all its obligations as provided for in the Agreement, including confidentiality obligations with subcontractor(s).

8. Amendment

This agreement may not be amended, except by the mutual written agreement of both parties.

9. Exclusions

The following services are not covered under any Project or Advisory Retainer agreement and will be priced separately unless explicitly specified otherwise in the proposal:

• subscription to any platform or software;
• Travel expenses resulting from the execution of the project or retainer
• website updates that cannot be done through a common CMS; and
• media spend.