Terms of Service

Terms of Service

Catalyst Group Solutions
Effective Date: [01 August 2025] Last Updated: [01 August 2025]

1. Introduction and Agreement

These Terms of Service ("Terms") govern your use of services provided by Catalyst Group Solutions ("we", "us", "our", or "the Company") and constitute a legally binding agreement between you ("you", "your", or "Client") and the Company.
By engaging our services, accessing our website, or entering into a service agreement with us, you agree to be bound by these Terms.

2. Company Information

Entity Name: Catalyst Group Solutions
ABN: ABN 97 673 391 725
Email: james@catalystgroup.solutions
Website: https://www.catalystgroup.solutions/

3. Services

3.1 Service Description

We provide business consulting, artificial intelligence enablement, technology strategy, and related professional services ("Services") as specifically outlined in individual service agreements, proposals, or statements of work.

3.2 Service Scope

  • Each engagement is governed by a specific service agreement, proposal, or statement of work
  • Services are provided in accordance with professional standards and industry best practices
  • Specific deliverables, timelines, and requirements are defined in individual project agreements

3.3 Service Modifications

We reserve the right to modify our services with reasonable notice. Modifications to ongoing projects require mutual agreement and may be subject to additional fees.

4. Client Obligations

4.1 Information Provision

You agree to:
  • Provide accurate, complete, and timely information necessary for service delivery
  • Grant reasonable access to relevant personnel, systems, and data
  • Respond promptly to requests for information or feedback
  • Notify us immediately of any material changes affecting the project

4.2 Cooperation

  • Participate actively in the service delivery process
  • Provide necessary approvals and decisions within agreed timeframes
  • Ensure availability of key personnel for project activities
  • Maintain confidentiality of our methodologies and proprietary information

4.3 Compliance

  • Comply with all applicable laws and regulations
  • Ensure you have authority to engage our services
  • Obtain necessary internal approvals and permissions
  • Provide a safe working environment if on-site services are required

5. Fees and Payment

5.1 Fee Structure

  • Fees are specified in individual service agreements or proposals
  • May include fixed fees, hourly rates, or milestone-based payments
  • All fees are quoted in Australian Dollars (AUD) unless otherwise specified
  • Additional expenses may apply as outlined in service agreements

5.2 Payment Terms

  • Payment terms are Net 30 days unless otherwise specified
  • Late payments may incur interest charges at 2% per month or the maximum allowed by law
  • We reserve the right to suspend services for overdue payments
  • All fees are non-refundable unless explicitly stated otherwise

5.3 Expenses

  • Reasonable pre-approved expenses will be charged separately
  • Travel expenses, software licenses, and third-party costs may apply
  • Detailed expense records will be provided upon request

6. Intellectual Property

6.1 Pre-existing IP

  • Each party retains ownership of their respective pre-existing intellectual property
  • We retain ownership of our methodologies, tools, templates, and proprietary systems
  • You retain ownership of your pre-existing business information and data

6.2 Work Product

  • Ownership of work product created during the engagement will be specified in individual service agreements
  • Generally, customized deliverables become your property upon full payment
  • We retain the right to use general knowledge, skills, and experience gained

6.3 License Grants

  • You grant us a license to use your information solely for providing the services
  • We may retain and use de-identified data for improving our services
  • Any specific licensing arrangements will be detailed in service agreements

7. Confidentiality

7.1 Mutual Obligations

Both parties agree to maintain the confidentiality of information disclosed during the engagement, including:
  • Business strategies, financial information, and operational data
  • Technical information, methodologies, and processes
  • Personal information and proprietary systems
  • Any information marked as confidential

7.2 Exceptions

Confidentiality obligations do not apply to information that:
  • Is publicly available through no breach of this agreement
  • Was known prior to disclosure
  • Is independently developed
  • Must be disclosed by law or court order

7.3 Duration

Confidentiality obligations survive termination of the engagement for a period of five (5) years.

8. Warranties and Disclaimers

8.1 Our Warranties

We warrant that:
  • Services will be performed with professional skill and care
  • We have the necessary expertise and authority to provide the services
  • Services will substantially conform to agreed specifications

8.2 Disclaimers

EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE PROVIDE SERVICES "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8.3 Client Responsibilities

You acknowledge that:
  • Results depend on your implementation of recommendations
  • We are not responsible for decisions made based on our advice
  • Success requires your active participation and commitment

9. Limitation of Liability

9.1 Liability Cap

Our total liability for any claim arising from or relating to the services shall not exceed the total amount paid by you for the specific services giving rise to the claim.

9.2 Excluded Damages

IN NO EVENT SHALL WE BE LIABLE FOR:
  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOST PROFITS, LOST REVENUE, OR LOST DATA
  • BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY
  • DAMAGES BEYOND OUR REASONABLE CONTROL

9.3 Client Mitigation

You agree to take reasonable steps to mitigate any damages and notify us promptly of any issues.

10. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:
  • Your breach of these Terms or applicable laws
  • Your negligent acts or omissions
  • Your misuse of our services or deliverables
  • Third-party claims related to your business operations

11. Termination

11.1 Termination Rights

Either party may terminate an engagement:
  • For convenience with 30 days' written notice
  • Immediately for material breach that remains uncured for 15 days after notice
  • Immediately if the other party becomes insolvent or bankrupt

11.2 Effect of Termination

Upon termination:
  • You must pay for all services rendered up to the termination date
  • Each party must return confidential information
  • Surviving provisions (confidentiality, IP, liability) remain in effect
  • We will provide work product completed as of the termination date

12. Force Majeure

Neither party shall be liable for delays or failures due to circumstances beyond their reasonable control, including natural disasters, government actions, pandemics, or other force majeure events.

13. Dispute Resolution

13.1 Negotiation

Parties agree to first attempt resolution through good faith negotiation.

13.2 Mediation

If negotiation fails, disputes shall be submitted to mediation before a mutually acceptable mediator.

13.3 Arbitration or Litigation

If mediation fails, disputes shall be resolved through:
  • Litigation in the business courts of NSW

13.4 Governing Law

These Terms are governed by the laws of New South Wales, Australia.

14. General Provisions

14.1 Entire Agreement

These Terms, together with specific service agreements, constitute the entire agreement between the parties.

14.2 Amendments

Modifications must be in writing and signed by both parties.

14.3 Severability

If any provision is invalid or unenforceable, the remainder of these Terms shall remain in effect.

14.4 Assignment

You may not assign these Terms without our written consent. We may assign our rights with reasonable notice.

14.5 Independent Contractors

We are independent contractors, not employees, partners, or joint venturers.

14.6 Notices

All notices must be in writing and delivered to the addresses specified in service agreements.

15. Professional Standards

15.1 Ethical Conduct

We maintain high professional and ethical standards in all engagements.

15.2 Conflicts of Interest

We will disclose any potential conflicts of interest and maintain appropriate safeguards.

15.3 Professional Development

We commit to maintaining current knowledge and skills relevant to our services.

16. Data Protection and Privacy

16.1 Privacy Compliance

We handle personal information in accordance with our Privacy Policy and applicable privacy laws.

16.2 Data Security

We implement appropriate technical and organizational measures to protect your data.

16.3 Data Processing

Any personal data processing is governed by our Privacy Policy and applicable data protection agreements.

17. Website Terms

17.1 Website Use

Use of our website is subject to these Terms and our Privacy Policy.

17.2 Acceptable Use

You agree not to:
  • Use the website for unlawful purposes
  • Attempt to gain unauthorized access to our systems
  • Interfere with website functionality
  • Upload malicious content

17.3 Content License

Website content is protected by intellectual property rights and licensed for limited personal and business use.

18. Contact Information

For questions about these Terms or our services:
Catalyst Group Solutions
Email: james@catalystgroup.solutions