Terms of Service
These Terms of Service (“Terms”) govern the provision of all services by L&S Holdco (PSS) Pty Ltd (ABN 96 701 301 340) (“we”, “us”, “our”) to you, the client (“you”, “your”). By engaging our services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not engage our services.
1. About Us
L&S Holdco (PSS) Pty Ltd is an Australian proprietary limited company based in Perth, Western Australia. We provide holding company services and professional support services, including administrative, operational and corporate support as described on our Services page.
2. Engagement and Scope of Services
- Services will be provided in accordance with the scope agreed between us in writing, whether by proposal, engagement letter, or written confirmation (including email).
- Any variation to the agreed scope must be confirmed in writing by both parties before the varied work is undertaken.
- We will perform our services with reasonable care, skill and diligence consistent with professional standards applicable in Western Australia.
- You confirm that all information and documents you provide to us are accurate, complete and lawfully obtained, and that you have the right to provide them to us.
3. Fees, Invoicing and Payment
- Fees for our services will be as set out in your quote or engagement documentation. Written quotes are valid for 30 days unless otherwise stated.
- We will issue tax invoices for all amounts payable, inclusive of GST where applicable.
- Unless otherwise agreed in writing, invoices are payable within 14 days of the invoice date by the payment method stated on the invoice.
- Overdue amounts may attract interest at a rate of 2% per annum above the Reserve Bank of Australia cash rate, calculated daily.
- You are responsible for any reasonable costs we incur in recovering overdue amounts.
4. Client Responsibilities
You agree to:
- Provide timely access to information, records, personnel and systems reasonably required for us to deliver the services;
- Respond to our requests for direction or approval within reasonable timeframes;
- Ensure all instructions are lawful and that our services are not used for any unlawful, fraudulent or improper purpose;
- Comply with all applicable laws and regulations in connection with the engagement.
5. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other applicable legislation that cannot lawfully be excluded, including statutory guarantees relating to the supply of services.
To the extent permitted by law, and except as otherwise provided by the Australian Consumer Law:
- Our liability for breach of any statutory guarantee is limited, at our option, to the resupply of the services or the payment of the cost of having the services supplied again;
- Any other liability not capable of exclusion is limited to the fees actually paid by you for the specific service giving rise to the claim.
6. Limitation of Liability
- To the maximum extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss, including loss of profit, loss of business opportunity or loss of data, arising from the services.
- Our total aggregate liability arising out of or in connection with the services is limited to the amount of fees paid by you for the services giving rise to the liability.
- We are not liable for delays or failures in performance caused by circumstances beyond our reasonable control, including natural disasters, industrial action, pandemics, or failures of third-party service providers.
- You remain solely responsible for your own legal, tax, financial and regulatory compliance, unless we have expressly agreed in writing to provide advice on a specific matter.
7. Intellectual Property
- All pre-existing intellectual property owned by us, including templates, methodologies, systems and processes, remains our property.
- Upon full payment of all amounts owing, you are granted a non-exclusive, non-transferable licence to use deliverables prepared specifically for you for the purposes of your business.
- You retain ownership of materials you provide to us.
8. Confidentiality and Privacy
Each party agrees to keep confidential all non-public information received from the other party and to use it only for the purposes of the engagement. We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).
9. Termination
- Either party may terminate the engagement by giving 14 days’ written notice.
- Either party may terminate immediately by written notice if the other party commits a material breach that is not remedied within 14 days of notice, or becomes insolvent.
- Upon termination, you must pay all fees for services performed up to the date of termination.
- Clauses relating to confidentiality, intellectual property, limitation of liability and governing law survive termination.
10. Dispute Resolution
If a dispute arises, the parties agree to first attempt to resolve it by good-faith negotiation between nominated representatives within 30 days of written notice of the dispute. If the dispute is not resolved, the parties may agree to mediation before commencing court proceedings, except where urgent injunctive relief is required.
11. Governing Law
These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. The parties submit to the jurisdiction of the courts of Western Australia and any courts competent to hear appeals from those courts.
12. Amendments
We may update these Terms from time to time. The current version will be published on this page with the date of last revision. Continued engagement of our services after publication constitutes acceptance of the updated Terms.
13. Contact
Questions about these Terms, or notices required under them, may be sent to:
- Email: ceo@lsholdco.site
- Website: https://lsholdco.site
- Location: Perth, Western Australia
- ABN: 96 701 301 340