Terms of Service

Impressd Consulting Pty Ltd
ABN: 40 948 406 520
154 Cremorne Street, Cremorne, Australia
Email: hello@impressdconsulting.com
Phone: +61 488 476 030

Effective Date: 4/6/2025

1. Acceptance of Terms

By engaging Impressd Consulting Pty Ltd ("Company," "we," "us," or "our") for services, accessing our website, or signing a service agreement, you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy.

2. Services Overview

2.1 Service Description

Impressd Consulting provides business development and sales acceleration services, including but not limited to:

• Sales strategy development and implementation

• Lead generation and conversion

• Marketing campaign management

• Door-to-door sales representation

• Account management and relationship building

• CRM implementation and management

• Performance reporting and analysis

2.2 Service Customization

All services are customized based on individual client needs and formalized through separate service agreements that incorporate these Terms.

3. Service Agreements and Engagement

3.1 Formal Agreements

Specific service engagements are governed by individual service agreements that reference these Terms. In case of conflict, the specific service agreement takes precedence.

3.2 Scope of Work

Each engagement includes:

• Detailed scope of work and deliverables

• Timeline and milestones

• Investment structure and payment terms

• Performance benchmarks and expectations

3.3 Modifications

Service agreements may only be modified through written amendments signed by both parties.

4. Payment Terms and Pricing

4.1 Payment Structure

Our services typically operate on a combination of:

• Monthly retainer fees

• Performance-based commissions

• Advertising spend (billed separately)

• Additional fees for specialized services

4.2 Payment Requirements

• All fees are exclusive of GST unless otherwise stated

• Retainer fees are due upfront at the beginning of each service period

• Invoices are due within 7 days of receipt

• Late payments may incur interest charges of 1.5% per month

• Advertising expenditures require separate authorization and payment

4.3 Taxes

Clients are responsible for all applicable taxes, duties, and government charges in connection with the services.

5. Client Responsibilities

5.1 Information and Access

Clients must provide:

• Timely access to necessary systems, accounts, and platforms

• Accurate business and product information

• Brand guidelines and marketing assets

• Prompt feedback on strategies and materials

• Regular communication regarding sales outcomes

5.2 Cooperation

• Respond to requests within reasonable timeframes

• Attend scheduled meetings and reviews

• Provide necessary approvals for campaigns and strategies

• Maintain confidentiality of proprietary methods and strategies

5.3 Compliance

Clients must ensure their business operations comply with all applicable laws and regulations.

6. Performance and Deliverables

6.1 Service Standards

We commit to:

• Delivering services with professional competence

• Meeting agreed-upon service hours and availability

• Providing regular performance reporting

• Maintaining transparent communication

• Using best efforts to achieve stated objectives

6.2 Performance Measurement

• Performance metrics are defined in individual service agreements

• Regular reviews assess progress against benchmarks

• Adjustments to strategies may be made based on performance data

6.3 No Guarantees

While we use best efforts to achieve client objectives, we cannot guarantee specific results due to market conditions and external factors beyond our control.

7. Intellectual Property

7.1 Pre-existing IP

Each party retains ownership of their pre-existing intellectual property.

7.2 Work Product

• Custom strategies, processes, and materials created specifically for clients become client property upon full payment

• General methodologies and know-how remain our property

• Creative assets may not be used by either party after termination without written consent

7.3 License Grants

We grant clients a non-exclusive license to use our methodologies during the service term for the specific engagement.

8. Confidentiality

8.1 Mutual Obligations

Both parties agree to:

• Maintain confidentiality of proprietary information

• Use confidential information only for the intended purpose

• Implement reasonable security measures to protect information

• Return or destroy confidential information upon termination

8.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is publicly available through no breach of this agreement

• Was known prior to disclosure

• Is independently developed

• Must be disclosed by law

9. Term and Termination

9.1 Service Term

Service agreements specify:

• Initial term duration

• Renewal options

• Probationary periods where applicable

• Minimum commitment periods

9.2 Termination Rights

• Either party may terminate for material breach with appropriate notice

• Clients may terminate with notice as specified in service agreements

• We may terminate immediately for non-payment or violation of terms

9.3 Effect of Termination

Upon termination:

• All outstanding fees become immediately due

• Confidentiality obligations survive

• Each party returns confidential information

• License grants terminate except for retained work product

10. Limitation of Liability

10.1 Liability Cap

Our total liability under any service agreement is limited to the fees paid by the client in the 12 months preceding the claim.

10.2 Excluded Damages

Neither party is liable for:

• Indirect, consequential, or incidental damages

• Loss of profits, revenue, or business opportunities

• Data loss or corruption

• Business interruption

10.3 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies consumer guarantees under Australian Consumer Law where such exclusion would be prohibited.

11. Indemnification

Each party agrees to indemnify the other against third-party claims arising from:

• Breach of this agreement

• Negligent or wrongful acts

• Violation of applicable laws

• Infringement of intellectual property rights

12. Force Majeure

Neither party is liable for delays or failures due to circumstances beyond reasonable control, including but not limited to natural disasters, government actions, or technical failures.

13. Dispute Resolution

13.1 Good Faith Negotiation

Parties agree to first attempt resolution through good-faith direct negotiation.

13.2 Mediation

If negotiation fails, disputes must be submitted to mediation through the Victorian Small Business Commission (VSBC) before legal proceedings.

13.3 Jurisdiction

These Terms are governed by Victorian law, and parties submit to the exclusive jurisdiction of Victorian courts.

14. General Provisions

14.1 Entire Agreement

These Terms, together with specific service agreements, constitute the entire agreement between parties.

14.2 Severability

If any provision is found invalid, the remainder continues in full effect.

14.3 Assignment

Rights and obligations may not be assigned without written consent, except in connection with business transfers.

14.4 Notices

All notices must be in writing and delivered to the addresses specified in service agreements.

14.5 Independent Contractors

The relationship between parties is that of independent contractors, not employment, partnership, or joint venture.

15. Website Terms

15.1 Website Use

Our website is provided for informational purposes. Users must:

• Use the website lawfully and respectfully

• Not attempt to gain unauthorized access to systems

• Not transmit harmful or malicious content

• Respect intellectual property rights

15.2 Content Accuracy

While we strive for accuracy, website content is provided "as is" without warranties of any kind.

16. Updates to Terms

We may update these Terms from time to time. Material changes will be communicated through:

• Email notifications to active clients

• Website notices

• Updates to service agreements

Continued use of services after updates constitutes acceptance of revised Terms.

17. Contact Information

For questions about these Terms or our services:

Impressd Consulting Pty Ltd
154 Cremorne Street, Cremorne, Australia
Email: hello@impressdconsulting.com
Phone: +61 488 476 030

18. Complaints and Feedback

We welcome feedback about our services. Complaints should be directed to our management team using the contact information above. We commit to investigating all complaints promptly and fairly.

By engaging our services or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.