Terms of Engagement
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.
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.
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
Independence
We operate independently and do not undertake operational delivery. This helps preserve objectivity and supports defensible advice.
Engagement Process
An engagement typically includes:
- Scoping discussion and objectives clarification
- Proposal or statement of work outlining deliverables, assumptions, timeframes and fees
- Commencement on acceptance of proposal (written acceptance, email confirmation, or signed document)
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
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
Changes to Scope
If requirements change or additional work is requested, we will confirm scope changes and any fee impacts in writing before proceeding.
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.
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.
Privacy
Where we handle personal information, we do so in accordance with our Privacy Policy and applicable privacy law.
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.
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.
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
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.
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.
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.
Updates
We may update these Terms from time to time. Updated Terms will be published on our website with a new effective date.
Professional Note: These Terms are designed to provide clarity and protect both parties while facilitating professional advisory engagements. For questions about these Terms or to discuss a specific engagement, please contact us.