Pricing
(1) Client requirements will be quoted on a lump sum basis or on an hourly rates with a time estimate (the time estimate shall not be binding). The Conditions of Contract shall be the Consult Australia Short Form Contract, second edition, September 2015.
Refunds
(1) In normal circumstances the fee will not be invoiced until an INVOICING PLAN has been presented to the client and agreement obtained that the invoicing proposed in the INVOICING PLAN is correct (and such agreement from the client shall shall not be unreasonably be withheld). Therefore the need for a refund should not arise. It also shall be noted that normally invoicing is in arrears of payment milestones and so additionally a reason for refund should not arise.
(2) If the “invoicing plan” is not agreed by the client, and the circumstances in clause (3) have been satisfied then an invoice will be rendered for the services. In this circumstance if the invoice is then paid and subsequently a refund is sought, then this will be judged in the light of the circumstances as stated in clause (4) of this REFUNDS POLICY.
(3) Quality of the Work. The work shall be undertaken (a) in accordance with the requirements and objectives of the client (to the extent that these can be feasibly and professionally achieved, including consideration of professional ethics), AND (b) to a standard expected by other practitioners in the same field.
(4) Refunds due to subsequent events. The event that may lead to a refund is a revelation that in fact the conditions of clause (3) of this REFUNDS POLICY have apparently not been realised and if this is disputed then the matter will be subject to arbitration at the client’s cost with regard to the tests in clause (3). Statutes of limitations shall apply.
(5) If work is paid for in advance and the work is subsequently delivered, but is found (with reasons) to not meet the requirements of clause (3), then the work will be repeated to achieve the requirements of clause (3). If the once off repeat work fails to achieve the requirements of clause (3), then the fee will be refunded and the contract shall be void ab initio.
(6) This REFUNDS policy shall be governed by the written CONTRACT and in the event that there are conflicts between this REFUNDS policy and the written CONTRACT, then the CONTRACT conditions will apply. In addition, statutes of limitations shall apply.