XLNC Group Pty Ltd · ABN 60 702 572 165 · Melbourne VIC ceo@xlncgroup.online
XLNC Group

Legal

Terms of Service

These terms govern the provision of business consulting and professional services by XLNC Group Pty Ltd (ABN 60 702 572 165) to clients throughout Australia. By engaging our services, you agree to these terms.

Effective date: 1 July 2025 · Governing law: Victoria, Australia

1. Acceptance of these terms

These Terms of Service (together with any quote, proposal or engagement letter we issue, which are incorporated by reference) form a binding agreement between you and XLNC Group Pty Ltd (ABN 60 702 572 165) ("XLNC Group", "we", "us", "our"). By requesting a quote, accepting a proposal, signing an engagement letter, or otherwise instructing us to provide services, you confirm that you have read, understood and agree to be bound by these terms.

If you are engaging us on behalf of a company, partnership or other entity, you warrant that you are authorised to bind that entity to these terms.

2. Who we are

XLNC Group Pty Ltd is an Australian proprietary limited company registered under the Corporations Act 2001 (Cth), holding Australian Business Number ABN 60 702 572 165. We provide business consulting and professional services — including strategy, operations, compliance support, systems and process advisory, and related services — from our base in Melbourne VIC to clients across Australia.

3. Our services

The particular services we will provide to you, together with deliverables, timeframes and assumptions, will be set out in the applicable quote, proposal or engagement letter ("the Services"). We will perform the Services with reasonable care, skill and diligence and in accordance with good industry practice.

Any general descriptions of services on this website are informational only and do not constitute an offer or a guarantee that a particular outcome or result will be achieved. Advisory and consulting services involve judgement-based recommendations; final decisions and their implementation remain your responsibility unless expressly agreed otherwise in writing.

4. Quotes and engagement

  • Quotes are valid for 30 days from the date of issue unless stated otherwise.
  • Quotes are based on the information you provide and the scope described in the quote. Work outside that scope may require a variation and additional fees, which we will discuss with you before proceeding.
  • An engagement arises when you accept a quote in writing (including by email) or pay the applicable deposit, whichever occurs first.
  • Estimated timeframes are indicative only. We will keep you informed of any material change to expected delivery dates.

5. Fees, invoicing and payment

  • Fees are as stated in the accepted quote and are exclusive of GST, which is payable in addition where applicable.
  • Unless otherwise agreed in writing, we issue invoices in accordance with the payment schedule in the quote. Invoices are payable within 14 days of the invoice date by the payment method nominated on the invoice.
  • Disbursements and third-party costs reasonably incurred in delivering the Services (for example, software subscriptions purchased on your instruction) will be passed on at cost or as quoted.
  • If an invoice remains unpaid past its due date, we may suspend the Services and charge interest on overdue amounts at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic). You remain liable for all fees for work performed up to the date of suspension.
  • Fees quoted are for professional services only and do not constitute financial product advice, legal advice, taxation advice or audit services unless expressly stated in the engagement documentation.

6. Client responsibilities

To enable us to deliver the Services effectively, you agree to:

  • provide accurate, complete and timely information, records and access reasonably required by us;
  • nominate a primary point of contact authorised to make decisions and provide approvals;
  • respond to requests within reasonable timeframes, and acknowledge that delays in providing inputs may affect timeframes and, where applicable, fees;
  • ensure that any information you provide does not infringe the rights of any third party and complies with applicable law; and
  • comply with all laws applicable to your business, including workplace, privacy and consumer obligations.

7. Confidentiality and privacy

Each party will keep confidential all non-public information received from the other party in connection with an engagement, and will not disclose it except with consent, to professional advisers under a duty of confidentiality, or as required by law. These obligations survive completion or termination of an engagement.

We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. Our Privacy Policy forms part of these terms and explains how we collect, use, store and disclose personal information, and how you may seek access to or correction of that information.

8. Intellectual property

  • We retain ownership of all pre-existing materials, frameworks, templates, methodologies and know-how used in delivering the Services ("our Background IP").
  • On full payment of the relevant invoices, you are granted a perpetual, irrevocable, royalty-free licence to use, and where reasonably necessary adapt, the deliverables expressly created for you under the engagement ("Deliverables") for your own internal business purposes.
  • Unless otherwise agreed in writing, you retain ownership of materials and information you supply to us, and grant us a limited licence to use them solely to provide the Services.
  • You must not remove proprietary notices from Deliverables, resell our methodologies or frameworks, or publish our materials without our prior written consent.

9. Consumer guarantees under Australian law

Nothing in these terms excludes, restricts or modifies any rights you have under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), including the consumer guarantees that apply to the supply of services.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the prepaid service fees reasonably attributable to the unperformed portion of the contract. For minor failures, we will provide a remedy within a reasonable time — which may include repeat performance of the affected part of the Services, or payment of the reasonable cost of having the Services supplied again.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage caused by our failure to meet consumer guarantees under the Australian Consumer Law. To make a claim under a consumer guarantee, contact us using the details in section 14 with a description of the issue and supporting information.

10. Limitation of liability

  • To the fullest extent permitted by law, and except in relation to consumer guarantees under the Australian Consumer Law which cannot lawfully be excluded, we are not liable for indirect, incidental, special or consequential losses, including loss of profit, loss of revenue, loss of business opportunity or loss of data, arising from the Services.
  • Where liability cannot be excluded and is not covered by section 9, our total aggregate liability for any claim arising from or connected with the Services is limited, at our option, to the resupply of the relevant Services or the payment of the cost of resupplying the relevant Services — being the fees actually paid for the portion of the Services giving rise to the claim.
  • Nothing in these terms limits liability for death or personal injury caused by negligence, or for fraudulent or criminal conduct.
  • You are responsible for decisions you make based on our recommendations, and we strongly encourage you to obtain independent specialist advice (legal, financial, taxation or otherwise) where appropriate before implementing recommendations.

11. Suspension and termination

  • Either party may terminate an engagement by giving 14 days' written notice to the other party.
  • Either party may terminate an engagement immediately by written notice if the other party commits a material breach that is not remedied within 14 days of notice, or becomes insolvent, enters liquidation or administration, or has a controller appointed over its assets.
  • On termination, you must pay all fees for Services performed and disbursements incurred up to the termination date. Deposits paid are non-refundable except where required by the Australian Consumer Law or where we terminate without cause, in which case unearned fees will be refunded on a pro-rata basis.
  • Sections 7 (confidentiality), 8 (intellectual property), 9 (consumer law), 10 (liability) and 12 (general provisions) survive termination.

12. General provisions

  • Governing law: These terms and any engagement are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from them.
  • Dispute resolution: Before commencing proceedings (other than for urgent injunctive relief), the parties will attempt in good faith to resolve any dispute through direct discussion between senior representatives for a period of 30 days.
  • Independent contractor: We perform the Services as an independent contractor. Nothing in these terms creates a partnership, joint venture, employment or agency relationship.
  • Force majeure: Neither party is liable for delay or failure to perform obligations (other than payment obligations) caused by events beyond its reasonable control, provided the affected party notifies the other and uses reasonable endeavours to mitigate.
  • Assignment: You must not assign or transfer your rights under an engagement without our prior written consent. We may assign our rights with notice to you.
  • Severability: If any provision of these terms is held invalid or unenforceable, it will be severed and the remaining provisions will continue in full force.
  • Entire agreement: These terms, together with the accepted quote or engagement letter and our Privacy Policy, constitute the entire agreement between the parties in relation to the Services.
  • Notices: Notices under these terms must be in writing and may be given by email to the address last notified by the receiving party.

13. Changes to these terms

We may update these Terms of Service from time to time. The current version will always be published on this page with a revised effective date. For ongoing engagements, the version in force on the date you accepted your quote or engagement letter will continue to apply unless we agree in writing to adopt an updated version.

14. Contact us

If you have questions about these Terms of Service, wish to raise a dispute, or want to exercise your rights under the Australian Consumer Law, please contact us:

We aim to acknowledge all correspondence within two business days.

Ready to work with a consulting partner you can trust?

Clear scope, transparent fees and terms written in plain English.

Request a Quote