Terms & Conditions

1. Agreement to these terms

These terms govern your use of the Novareck AI website and, where applicable, form part of the basis on which we provide services.

By using this website you agree to the terms in sections 1 to 3 and 10 to 15. Where you engage us for services, these terms apply in addition to the specific engagement agreement or proposal we issue. If there is any inconsistency, the signed engagement agreement prevails.

2. Website use

You may use this website for lawful purposes only. You must not:

• Use the site in a way that damages, disables or impairs it
• Attempt to gain unauthorised access to any part of the site or its underlying systems
• Use automated means to scrape, harvest or extract content, except for legitimate search engine indexing
• Misrepresent your identity or affiliation when contacting us

We may modify, suspend or discontinue any part of the site at any time without notice.

3. Intellectual property

All content on this website, including text, graphics, logos, the Novareck AI name and mark, layout, code and design, is owned by or licensed to Novareck AI and is protected by Australian and international intellectual property law.

You may view, download and print content for your own internal, non-commercial reference. You may not reproduce, republish, distribute, adapt or commercially exploit any content without our prior written permission.

Third-party names, standards and marks referenced on this site remain the property of their respective owners.

4. Engagement of services

An engagement begins when you accept a written proposal or engagement agreement issued by us. That document sets out the scope, deliverables, timeline, fees and any specific conditions.

Nothing on this website constitutes an offer capable of acceptance. Indicative discussions, calls and estimates are not binding until a proposal is issued and accepted in writing.

Variations

Any change to agreed scope must be documented in writing and may affect fees and timelines. We will not proceed with out-of-scope work without your written agreement.

5. Fees, invoicing and payment

Fees are set out in the accepted proposal. We do not publish a standard rate card, as fees depend on the size of the client organisation and the scope of the project.

• Invoices are payable within 14 days of the invoice date, unless the engagement agreement states otherwise
• All fees are stated exclusive of GST. GST will be added where applicable and shown separately on the invoice
• Reasonable out-of-pocket expenses, including travel where on-site attendance is required, are charged at cost and agreed in advance
• We may charge interest on overdue amounts at a reasonable commercial rate, and may suspend work while an invoice remains overdue

6. Your responsibilities

The quality of our work depends materially on the information you give us. You agree to:

• Provide accurate, complete and timely information, access and documentation
• Make appropriate personnel reasonably available during the engagement
• Tell us about any known constraint, obligation, contract or regulatory requirement relevant to the work
• Make your own decisions on whether and how to act on our recommendations

We are not liable for any deficiency in a deliverable that results from incomplete, inaccurate or withheld information.

7. Confidentiality

Each party agrees to keep the other's confidential information confidential, to use it only for the purposes of the engagement, and to protect it with at least the same care it applies to its own confidential information.

These obligations do not apply to information that is or becomes public other than through a breach, was already lawfully known, is independently developed, or must be disclosed by law.

We will not name you as a client publicly, or reference the engagement in marketing material, without your prior written consent.

8. Deliverables and ownership

What you own

On full payment, you receive ownership of, or a perpetual licence to use, the deliverables we produce specifically for you, including frameworks, policies, guidelines and assessment documentation prepared for your organisation.

What we retain

We retain ownership of our pre-existing intellectual property, including our methodologies, templates, tools, training material and know-how, together with any general skills, techniques and experience gained. Nothing in an engagement restricts us from providing similar services to other clients.

Use of deliverables

Deliverables are prepared for your internal use in the context described in the engagement. They should not be provided to a third party as the basis for that party's decisions without our written consent, and we accept no liability to any third party who relies on them.

9. Third-party partners

Some services, particularly AI development and automation work, are delivered with a third-party development partner. Where this applies:

• We disclose the partner and their role before work begins
• The partner is bound by confidentiality obligations consistent with these terms
• The engagement agreement sets out which party is contracting for and responsible for which work

We are not liable for products, services or software supplied directly to you by a third party under a separate agreement between you and that party.

10. Nature of our advice

This is important, so we have stated it plainly.

• Novareck AI provides governance, risk and advisory consulting. We are not a law firm and we do not provide legal advice. Our work is not a substitute for advice from a qualified Australian legal practitioner
• We are not a certification body. We can align your framework to a standard such as ISO/IEC 42001 and help prepare you for assessment, but certification is issued only by an accredited certification body
• We do not provide financial, tax, insurance or medical advice
• Our advice reflects the standards, regulations and circumstances applicable at the time it is given. Regulatory environments change, and we are not obliged to update prior advice unless engaged to do so
• Alignment with a framework does not guarantee any particular audit, regulatory or commercial outcome
• Reference to any standard, regulation or organisation on this site or in our materials does not indicate endorsement, accreditation or affiliation

11. Warranties and Australian Consumer Law

We warrant that we will perform our services with due care and skill, using suitably qualified personnel.

Our goods and services may come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). Nothing in these terms excludes, restricts or modifies any right or remedy, guarantee, warranty or other term implied or imposed by law which cannot lawfully be excluded or limited.

Where our liability may lawfully be limited under section 64A of the Australian Consumer Law, our liability for a failure to comply with a consumer guarantee in relation to services is limited, at our option, to resupplying the services or paying the cost of having the services resupplied.

12. Limitation of liability

Subject to section 11, and to the maximum extent permitted by law:

• Our total aggregate liability arising out of or in connection with an engagement, whether in contract, tort (including negligence), statute or otherwise, is limited to the total fees paid by you to us under that engagement
• We are not liable for any indirect, special or consequential loss, or for loss of profit, revenue, goodwill, anticipated savings, data, or business opportunity
• We are not liable for any loss arising from a decision you make in reliance on our advice, where the decision, its implementation, and its consequences remain yours
• Our liability is reduced proportionately to the extent that any loss is caused or contributed to by you, your personnel, or a third party

Website content is provided on an "as is" basis for general information only. We do not warrant that it is complete, current or fit for any particular purpose, and we are not liable for any loss arising from reliance on it.

13. Termination

Either party may terminate an engagement by giving 14 days written notice. Either party may terminate immediately if the other commits a material breach that is not remedied within 14 days of written notice, or becomes insolvent.

On termination you must pay for all work performed and expenses reasonably incurred up to the termination date. Sections covering confidentiality, intellectual property, limitation of liability and dispute resolution survive termination.

14. Dispute resolution

If a dispute arises, the parties agree to first attempt to resolve it in good faith through discussion between senior representatives.

If the dispute is not resolved within 21 days, the parties agree to attempt mediation before commencing court proceedings, other than for urgent interlocutory relief. The mediator and the mediation process will be agreed between the parties, and costs shared equally.

15. General

Governing law

These terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.

Independent contractor

Nothing in these terms creates a partnership, joint venture, employment or agency relationship between the parties.

Force majeure

Neither party is liable for a delay or failure to perform caused by an event beyond its reasonable control, provided it notifies the other party and takes reasonable steps to mitigate.

Assignment

Neither party may assign its rights or obligations without the other's written consent, which will not be unreasonably withheld.

Severability

If any provision is found to be invalid or unenforceable, it is severed and the remaining provisions continue in full force.

Entire agreement

The engagement agreement together with these terms constitutes the entire agreement between the parties and supersedes any prior representation or understanding.

Changes

We may update these terms from time to time. The version in force at the date an engagement is accepted applies to that engagement.

Disclaimer

The content on this website is provided for general information only. It does not take into account your organisation's specific objectives, circumstances or obligations, and it is not advice.

Nothing on this site constitutes legal, financial, tax or professional advice, and it should not be relied on as a substitute for advice from an appropriately qualified professional who has considered your particular circumstances.

References to standards, regulations, legal instruments and organisations, including ISO/IEC 42001, ISO/IEC 23894, the NIST AI Risk Management Framework, the EU AI Act, UNESCO and United Nations instruments, and the OECD and Australian AI Ethics Principles, are descriptive only. Novareck AI is not accredited by, endorsed by, affiliated with, or acting on behalf of any of those bodies. All trademarks and standards remain the property of their respective owners.

While we take care to keep this site accurate and current, regulatory and standards environments change frequently. We make no representation that the content is complete or up to date at the time you read it.

Contact us

Novareck AI
Email: info@novareck.com
Melbourne, Victoria, Australia