Terms of Engagement

Professional advisory services agreement for regulated service environments
Updated: March 2024

Important Notice: These Terms of Engagement apply to all advisory services provided by Regulated Services Advisory unless replaced by a signed agreement. By engaging our services, you agree to these Terms.

1

Application of Terms

These Terms of Engagement apply to all advisory services provided by Regulated Services Advisory (we, us, our) unless replaced by a signed agreement. By engaging us, you (the Client) agree to these Terms.

2

Scope of Services

We provide independent advisory and assurance services in regulated environments, including Aged Care and NDIS. Our services include:

Included Services

  • Governance frameworks and assurance support
  • Compliance documentation frameworks (policies, SOPs, forms, registers)
  • Audit readiness support and evidence mapping
  • Financial sustainability and decision intelligence reporting
  • Strategic business planning and advisory in regulated environments

Exclusions (Unless Expressly Agreed in Writing)

  • Operational service delivery
  • Payroll processing or HR management
  • Bookkeeping or BAS lodgement
  • Staff training workshops
  • NDIS registration application services or renewal submission management
3

Independence

We operate independently and do not undertake operational delivery. This helps preserve objectivity and supports defensible advice.

Independent Advice • Objective Assessment • Defensible Recommendations
4

Engagement Process

An engagement typically includes:

  1. Scoping discussion and objectives clarification
  2. Proposal or statement of work outlining deliverables, assumptions, timeframes and fees
  3. Commencement on acceptance of proposal (written acceptance, email confirmation, or signed document)
5

Client Responsibilities

The Client agrees to:

  • Provide accurate and complete information and timely access to relevant documents
  • Ensure internal approvals and decision making are obtained
  • Implement recommendations at the Client's discretion and risk
  • Ensure compliance with laws, standards and regulatory requirements applicable to the Client
6

Fees, Invoicing and Payment

Fees are set out in the proposal, retainer, or price schedule issued to you. Unless otherwise stated:

  • Invoices are payable within 7 days
  • We may require a deposit or retainer in advance
  • If payment is overdue, we may pause work until accounts are brought up to date
7

Changes to Scope

If requirements change or additional work is requested, we will confirm scope changes and any fee impacts in writing before proceeding.

8

Intellectual Property and Licence

Our Materials

All intellectual property in our materials remains ours, including templates, policy libraries, registers, dashboards, methodologies and tools.

Client Licence

On full payment, we grant the Client a non-exclusive, non-transferable licence to use the deliverables internally for the Client's organisation only, unless otherwise agreed in writing.

No Redistribution: You must not resell, publish, share, or distribute our materials outside your organisation without our written consent.

9

Confidentiality

Both parties agree to keep confidential information confidential and to use it only for the purpose of the engagement, except where disclosure is required by law or with written consent.

10

Privacy

Where we handle personal information, we do so in accordance with our Privacy Policy and applicable privacy law.

Privacy Act 1988 (Cth) Compliance • GDPR Alignment Where Applicable
11

Reliance and Third-Party Use

Our advice and deliverables are prepared for the Client for the agreed scope and purpose. They must not be relied on by any third party without our written consent.

12

Warranties

We will provide services with due care and skill. Except as required by law, we do not warrant that deliverables will guarantee a particular regulatory outcome.

13

Limitation of Liability

To the maximum extent permitted by law:

  • We exclude liability for indirect or consequential loss (including loss of profit, revenue, goodwill, or opportunity)
  • Our total aggregate liability arising out of the engagement is limited to the fees paid to us for the relevant services in the three months prior to the event giving rise to the claim, unless otherwise stated in the proposal
  • Nothing in these Terms limits any liability that cannot be excluded under law
14

Termination

Either party may terminate an engagement by written notice. The Client must pay for services performed and costs incurred up to termination. We will, where practicable, provide work in progress up to that date.

15

Dispute Resolution

If a dispute arises, the parties will first attempt to resolve it in good faith through senior representatives. If unresolved, either party may propose mediation in Sydney, NSW before commencing court proceedings, except for urgent injunctive relief.

16

Governing Law

These Terms are governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

17

Updates

We may update these Terms from time to time. Updated Terms will be published on our website with a new effective date.