Terms of Service

Monday Ikigai Pty Ltd - General Terms for Venture Advisory.

1. Introduction

This document outlines the terms and conditions (Terms) governing the provision of advisory services by Monday Ikigai Pty Ltd (Monday Ikigai). By engaging Monday Ikigai, the Client acknowledges and accepts these Terms.

2. Acceptance of Terms

By accessing or using the Services provided by Monday Ikigai, the Client agrees to be bound by the Terms set forth in this agreement. The Client acknowledges that they have read, understood, and accepted all provisions of this agreement. If the Client does not agree with any part of these terms, they must refrain from using the Services.

3. Services Provided

These Terms cover Monday Ikigai advisory services ‘Venture Services’ hereafter referred to as Services.

4. Client Responsibilities

The Client agrees to provide accurate and timely information necessary for the delivery of Services, collaborate effectively with Monday Ikigai, and adhere to any agreed-upon deadlines or requirements related to the provision of the Servicecs.

5. Fees and Payments

Client agrees to pay all fees associated with the Services provided by Monday Ikigai within 20 days of receipt of an invoice. Unless otherwise specified, all fees are due and payable in full upfront upon signature of the contract or acceptance of the Purchase Order. Failure to make timely payment may result in suspension or termination of services. All fees are non-refundable once Services have commenced, and 50% of the fees are refundable before Services have commenced. Client acknowledges that any additional expenses incurred during the provision of Services, including but not limited to travel expenses or third-party costs, shall be reimbursed by the Client in addition to the agreed-upon fees, and as agreed to in writing by the Client upfront.

6. Confidentiality

Both parties agree to maintain the confidentiality of all information exchanged during the provision of Services under this agreement. This includes, but is not limited to, proprietary information, trade secrets, client data, and any other information deemed confidential by either party. Each party agrees not to disclose, share, or use such confidential information for any purpose other than the performance of this agreement, without the express written consent of the disclosing party. This obligation of confidentiality shall survive the termination of this agreement and remain in effect indefinitely.

7. Intellectual Property

Intellectual property rights related to any materials or content used to create the deliverables provided by Monday Ikigai in connection with the Services shall remain the sole property of Monday Ikigai unless otherwise agreed upon in writing. The Client acknowledges that any such materials are protected by copyright, trademark, patent, or other intellectual property laws. The Client is granted a limited, non-exclusive, non-transferable license to use such materials solely for the purpose of receiving the Services. Any unauthorized use, reproduction, distribution, or modification of these materials is in breach of contract. Both parties agree to respect each other's intellectual property rights and to promptly notify the other party of any suspected infringement.

8. Limitation of Liability

The liability of either party under this agreement shall be limited to three times the total fees paid or payable by the client under this agreement. With exception to liability that cannot be limited by law, this limitation of liability applies to all claims, including but not limited to breaches of contract, privacy, negligence, confidential information or intellectual property. In no event shall Monday Ikigai be liable for any indirect, incidental, consequential, special, or punitive damages. Monday Ikigai shall not be liable for any liquidated damages incurred by the Client or any third-party claims arising out of the Services provided under this agreement. The Client agrees to indemnify and hold Monday Ikigai harmless from and against any and all claims, liabilities, damages, losses, and expenses, including but not limited to legal fees, arising from third-party claims related to the Client's use of the Services. This includes, but is not limited to, claims of intellectual property infringement or breach of contract by the Client.

9. Indemnification

Both parties agree to indemnify and hold harmless each other, as well as their respective officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, and expenses, including but not limited to legal fees, arising out of or in connection with the performance of Services. This mutual indemnification ensures that each party bears responsibility for their own actions and mitigates the risk of financial or legal consequences for either party in the event of any disputes or claims arising from the Services provided under this agreement.

10. Termination

Monday Ikigai reserves the right to terminate this agreement upon written notice to the other party. Termination shall be effective upon the specified notice period of 20 working days, or in the event of a material breach with immediate effect. Additionally, either party may terminate this agreement immediately if the other party becomes insolvent, bankrupt, or enters into liquidation. Upon termination, both parties shall return any property, confidential information, or materials belonging to the other party. If the Client terminates this agreement, all outstanding Services shall be invoiced in full and paid for within 20 business days.

11. Governing Law

This agreement shall be governed by and construed in accordance with the laws of Australia. Any disputes arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts of Australia.

12. Amendments

Any amendments or modifications to this agreement must be made in writing and signed by both parties. No amendment shall be effective unless mutually agreed upon in writing and incorporated into this agreement. Both parties agree to act in good faith to negotiate and implement any necessary amendments to ensure the continued effectiveness and relevance of this agreement.

13. Contact Information

For any inquiries, concerns, or communications regarding this agreement or the services provided, please contact us at: mondayikigai@gmail.com

15. Effective Date

This agreement shall be effective as of the date last signed and shall continue until terminated or all Services are accepted, and all invoices are paid. The Effective Date signifies the date on which both parties have signed and agreed to the terms of this agreement.