Terms & Conditions

Legal Compliance Made Easy

Last Updated: 28 Dec 24

By completing BrightMindIQ’s onboarding form and accepting these Terms and Conditions via the provided checkbox, you (“the Client”) confirm your agreement to these Terms and enter into a binding contract with BrightMindIQ Pty Ltd (“we,” “us,” “our”).

If you have any questions or concerns, please contact us at admin@brightmindiq.com.

1. Definitions

For the purposes of these Terms, the following definitions apply:

“Client”: The individual, business, or organisation completing the onboarding form and engaging BrightMindIQ’s services.
“Services”: The professional services provided by BrightMindIQ, including but not limited to employee surveys, statistical analyses, insights reports, action plans, and associated tools.
“Deliverables”: All reports, recommendations, and templates produced as part of the Services.
“Participants”: Individuals whose data or responses form part of the Services.
“Confidential Information”: Non-public information disclosed in the course of the engagement, including survey data, business metrics, and proprietary insights.

2. Acceptance of Terms

By completing the onboarding form and checking the box to confirm acceptance, the Client agrees to these Terms and enters into a binding agreement with BrightMindIQ.
The Client acknowledges that acceptance of these Terms is a prerequisite for the provision of any Services.

3. Scope of Services

3.1 Customised Services

BrightMindIQ will deliver Services tailored to the Client’s organisation based on information provided during onboarding.
Services include customised surveys, statistical analyses, actionable insights, and tools as outlined in the agreed scope of work.

3.2 Onboarding Requirements

The Client must provide accurate and complete information during onboarding, including but not limited to:
- Name, position, organisation name, ABN, industry, number of employees, and any other required details.
Failure to provide the required information may delay or limit the scope of the Services.

3.3 Changes to Scope

Any modifications to the agreed scope must be documented and may result in additional charges.

4. Payment Terms

4.1 Invoicing

Invoices will reflect the greater of:
1. The quoted number of Participants included in the original agreement; or
2. The actual number of Participants who complete the survey or are otherwise included in the Services.
Invoices will be issued upon completion of the Services unless otherwise agreed in writing.

4.2 Payment

Payment is due within [14/30] days from the invoice date.
All prices are exclusive of GST unless explicitly stated.

4.3 Late Payments

Overdue payments may incur:
- Interest at a rate of [insert rate]% per month, accruing daily from the due date until payment is received.
- Recovery costs associated with pursuing overdue amounts.

5. Confidentiality and Data Protection

5.1 Confidentiality

Both parties agree to protect Confidential Information and use it solely for the purposes of fulfilling their obligations under this agreement.
Confidential Information excludes publicly available information or information independently developed without reference to the disclosed materials.

5.2 Data Privacy

BrightMindIQ complies with the Australian Privacy Act 1988 (Cth) and Queensland-specific data protection laws.
Survey responses will be anonymised and aggregated to protect Participant confidentiality.
The Client is prohibited from requesting access to individual survey responses or any data that compromises Participant anonymity.

6. Intellectual Property

6.1 Ownership

BrightMindIQ retains ownership of all intellectual property rights in the Deliverables.
The Client is granted a limited, non-exclusive license to use the Deliverables for internal purposes only.

6.2 Restrictions

The Client must not reproduce, distribute, or share the Deliverables with third parties without prior written consent.

7. Client Responsibilities

The Client agrees to:

Provide accurate and truthful information during onboarding.
Ensure internal communication and collaboration to maximise survey participation.
Honour payment obligations as outlined in these Terms.

8. Limitation of Liability

8.1 Exclusions

To the fullest extent permitted by law, BrightMindIQ will not be liable for:
- Indirect, incidental, or consequential losses.
- Loss of profits, revenue, or data.

8.2 Liability Cap

BrightMindIQ’s total liability for any claim arising out of these Terms is limited to the fees paid by the Client for the relevant Services.

9. Termination

9.1 Termination by the Client

The Client may terminate this agreement with [30 days] written notice, provided all fees for completed Services are paid in full.

9.2 Termination by BrightMindIQ

BrightMindIQ may terminate this agreement immediately if the Client:
1. Breaches these Terms.
2. Fails to pay any outstanding invoices.

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms are governed by the laws of Queensland, Australia.

10.2 Dispute Resolution

Any disputes must first be addressed through good faith negotiations.
If unresolved, disputes may be referred to mediation under the rules of the Queensland Dispute Resolution Centres or other appropriate mediation bodies.
Both parties agree to the exclusive jurisdiction of the courts of Queensland, Australia.

11. Amendments

BrightMindIQ reserves the right to update these Terms. The Client will be notified of any changes, and continued use of the Services constitutes acceptance of the revised Terms.

12. Acceptance of Terms

By completing the onboarding form and accepting these Terms through the checkbox, you confirm your understanding and agreement to these Terms and Conditions.

If you do not agree to these Terms, you may not engage BrightMindIQ’s services.