Terms and Conditions
Next Pivot
ABN 68 189 628 912
Entity Name: MTUNZI, SIBONOKUHLE
Sole Trader – QLD 4680
These Terms and Conditions govern the provision of services by Next Pivot ("we", "us", "our") to clients ("you", "your"). By engaging our services or using our website, you agree to these Terms.
1. Services
Next Pivot provides consulting, advisory and related strategic services. The scope of services will be defined in a written proposal, agreement, or statement of work.
Any variation to scope must be agreed in writing.
2. Engagement and Acceptance
An engagement is formed when:
- You accept a written proposal; or
- You instruct us to commence work; or
- You pay a deposit or invoice.
We reserve the right to decline engagements at our discretion.
3. Fees and Payment
Fees will be set out in the applicable proposal or invoice.
- Invoices are payable within the stated payment terms.
- Late payments may incur interest at a reasonable commercial rate.
- Work may be suspended if payment is overdue.
Next Pivot is not currently registered for GST. If GST registration status changes, applicable GST will be added where required by law.
4. Client Responsibilities
You agree to:
- Provide accurate and complete information;
- Respond to requests within reasonable timeframes;
- Provide access to necessary systems or materials;
- Ensure you have authority to provide materials supplied to us.
We are not responsible for delays caused by incomplete information or lack of cooperation.
5. Intellectual Property
Unless otherwise agreed in writing:
- All pre-existing intellectual property remains the property of its original owner.
- Upon full payment, you receive a non-exclusive licence to use deliverables for your internal business purposes.
- We retain ownership of methodologies, frameworks, templates, systems, and know-how used in delivering services.
You must not reproduce, distribute, or commercialise our materials without written consent.
6. Confidentiality
Both parties agree to keep confidential information secure and not disclose it except as required by law or necessary for service delivery.
This obligation survives termination.
7. Limitation of Liability
To the maximum extent permitted by law:
- We are not liable for indirect, incidental, or consequential loss including loss of profits, revenue, opportunity, or goodwill.
- Our total aggregate liability is limited to the fees paid for the relevant services.
Nothing in these Terms excludes rights under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law.
8. No Guarantee of Results
Consulting outcomes depend on multiple external factors including market conditions, implementation, and client execution.
We do not guarantee specific financial, sales, or operational results.
9. Third-Party Platforms
We may recommend or integrate third-party software or services. We are not responsible for the performance, security, or availability of third-party platforms.
10. Termination
Either party may terminate an engagement in writing.
Upon termination:
- Fees for work performed remain payable;
- Deposits are non-refundable unless otherwise agreed;
- Outstanding invoices become immediately due.
11. Website Use
Users of our website agree not to:
- Misuse or attempt to compromise website security;
- Copy or reproduce website content without permission;
- Use content for unlawful purposes.
12. Privacy
Your personal information is handled in accordance with our Privacy Policy.
13. Force Majeure
We are not liable for delay or failure to perform due to circumstances beyond reasonable control, including natural disasters, system outages, or government action.
14. Governing Law
These Terms are governed by the laws of Queensland, Australia. Any disputes will be subject to the jurisdiction of the courts of Queensland.
15. Amendments
We may update these Terms from time to time. The current version will be published on our website.
Continued engagement constitutes acceptance of any updated Terms.
16. Contact
Next Pivot
ABN 68 189 628 912
Sole Trader: MTUNZI, SIBONOKUHLE
Queensland 4680
Email: sibo@nextpivot.com.au