Terms and Conditions - Limitation of Liability - Revision Policy

 


These Terms and Conditions (“Terms”) govern your use of the Prose & Cons website (“the Site”) and any services provided by Prose & Cons. By accessing the Site or engaging Prose & Cons for services, you agree to be bound by these Terms. If you do not agree, please discontinue use of the Site.
1. General Information
Prose & Cons operates from Adelaide, Australia. All services are provided in accordance with Australian law unless otherwise agreed in writing.
2. Use of the Site
You may use the Site for lawful purposes only. You must not:
• Interfere with the operation or security of the Site
• Attempt to gain unauthorised access to any part of the Site
• Use the Site in a manner that could damage, disable, or impair its functionality
Prose & Cons reserves the right to modify or discontinue the Site at any time without notice.
3. Enquiries and Communication
Submitting an enquiry through the Site does not create a client relationship. A formal engagement begins only once scope, fees, and timelines have been agreed to in writing.
Any information or attachments you provide via the enquiry form or email will be handled in accordance with the Prose & Cons Privacy Policy.
4. Services
Prose & Cons provides strategic communication, research‑driven analysis, program design, and consultancy services.
All services are delivered with reasonable care, skill, and professional diligence.
Prose & Cons does not provide legal, financial, or medical advice. Any information provided is for general guidance and strategic communication purposes only.
5. Fees, Quotes, and Payment
Fees will be outlined in a written quote or proposal.
Unless otherwise stated:
• Quotes are valid for 30 days
• Work commences once acceptance is confirmed in writing
• Payment terms will be specified in the invoice
Late payments may incur administrative fees or suspension of services.
6. Intellectual Property
Unless otherwise agreed in writing:
• All original content, materials, and deliverables created by Prose & Cons remain the intellectual property of Prose & Cons until full payment is received
• Upon full payment, you receive a licence to use the deliverables for the purpose for which they were created
• You may not reproduce, modify, or distribute Prose & Cons materials beyond the agreed scope
Prose & Cons retains the right to reference non‑confidential work in portfolios or case studies unless you request otherwise in writing.
7. Client Responsibilities
To enable effective delivery of services, you agree to:
• Provide accurate and complete information
• Respond to requests for clarification in a timely manner
• Ensure that any materials you supply do not infringe the rights of third parties
Prose & Cons is not responsible for delays or outcomes resulting from incomplete or inaccurate information provided by the client.
8. * Limitation of Liability (see below)
To the extent permitted by law:
• Prose & Cons is not liable for any indirect, incidental, or consequential loss arising from the use of the Site or services
• Liability for any claim relating to services is limited to the amount paid for those services
Nothing in these Terms excludes rights or remedies available under Australian Consumer Law.
9. Confidentiality
Prose & Cons treats all client information and project materials as confidential and will not disclose them except:
• With your consent
• Where required by law
• Where necessary to protect the rights or safety of Prose & Cons or others
10. Third‑Party Links
The Site may contain links to external websites. Prose & Cons is not responsible for the content or privacy practices of those sites.
11. Termination
Either party may terminate an engagement in writing.
Fees will apply for work completed up to the date of termination.
12. Changes to These Terms
Prose & Cons may update these Terms from time to time. The most current version will be published on the Site. Continued use of the Site constitutes acceptance of any updated Terms.

 

Limitation of liability


T
o the fullest extent permitted by law, Prose & Cons excludes all liability for any loss, damage, cost, or expense (including indirect, incidental, special, or consequential loss) arising out of or in connection with:
• your use of the Site,
• reliance on any information provided on the Site, or
• the performance of, or failure to perform, any services provided by Prose & Cons.
Where liability cannot be excluded under Australian Consumer Law, it is limited, at the option of Prose & Cons, to:
• the re‑supply of the services, or
• the cost of having the services re‑supplied.
Prose & Cons is not responsible for any loss arising from incomplete, inaccurate, or delayed information provided by the client, nor for outcomes that depend on factors outside the control of Prose & Cons.
Nothing in these Terms is intended to exclude or restrict any rights or remedies available under Australian Consumer Law.

Revision Policy


This Revision Policy outlines the terms under which revisions to deliverables are provided by Prose & Cons. It is designed to ensure clarity, fairness, and a smooth working process for all clients.
1. Scope of Revisions
Revisions refer to reasonable adjustments made to a draft deliverable to ensure it aligns with the agreed brief, objectives, and scope of work. Revisions do not include new concepts, additional sections, or changes that substantially alter the original brief.
2. Included Revisions
U
nless otherwise specified in the proposal or agreement, each project includes:
• One round of revisions to the initial draft, and
• One final refinement to ensure accuracy and alignment with the approved direction.
Additional revisions may be provided at the discretion of Prose & Cons or billed at the standard hourly rate.
3. What Constitutes a Revision
A revision may include:
Clarifying language
• Adjusting tone or emphasis
• Correcting factual inaccuracies based on client‑supplied information
• Minor structural or stylistic adjustments
Revisions do not include:
• New strategic directions
• Additional research or analysis not included in the original scope
• Major restructuring or rewriting due to changes in client preferences or objectives
• Work required because of incomplete, inaccurate, or delayed information provided by the client
Requests of this nature may require a revised quote or additional fees.

4. Timeframe for Requesting Revisions
Revision requests must be submitted within seven (7) days of receiving the draft deliverable, unless otherwise agreed in writing. Requests received after this period may incur additional fees.
5. Turnaround Time
Prose & Cons will provide revisions within a reasonable timeframe, typically 3–5 business days, depending on the complexity of the request and current project commitments. Urgent revisions may incur additional charges.
6. Client Responsibilities
To ensure efficient and accurate revisions, clients agree to:
• Provide consolidated feedback in a single communication
• Ensure feedback is clear, specific, and aligned with the agreed scope
• Supply any missing or corrected information required to complete the revision

Fragmented or contradictory feedback may extend timelines or incur additional fees.
7. Final Approval
Once revisions have been completed and approved, the project is considered finalised. Any further changes will be treated as new work and quoted accordingly.