Margin & Co Pty Ltd

Terms of Engagement
and Website Terms

Business
Margin & Co Pty Ltd
ABN
27 699 080 156
Location
Sydney, Australia
Effective date
23 June 2026

1.About these Terms

These Terms apply to your use of the Margin & Co website and, unless replaced or varied by a signed proposal, engagement letter or written agreement, to services provided by Margin & Co Pty Ltd.

In these Terms, "Margin & Co", "we", "us" and "our" means Margin & Co Pty Ltd, ABN 27 699 080 156, based in Sydney, Australia.

By using our website, booking a call, accepting a proposal, or engaging our services, you agree to these Terms.

If there is any inconsistency between these Terms and a signed proposal, engagement letter or written agreement, the signed proposal, engagement letter or written agreement will prevail to the extent of the inconsistency.

2.Our services

Margin & Co provides business transformation advisory services, including:

Our services are designed to help business owners understand what is holding their business back and develop practical plans for improvement.

3.Professional boundaries

Margin & Co provides commercial transformation advisory. We do not provide:

You should seek advice from appropriately qualified professionals before making decisions that require legal, tax, BAS, audit, HR, industrial relations, financial product, investment, credit or insolvency advice.

Any commercial, operational or financial analysis we provide is for business decision-support purposes only.

4.Website information

The information on our website is general in nature. It is provided for information and marketing purposes only.

Website content does not constitute professional advice, legal advice, tax advice, financial product advice, accounting advice, HR advice or a guarantee that our services are suitable for your business.

You should not rely solely on website content when making business decisions.

5.Engagement process

Our typical engagement process may include:

The exact process, deliverables, timing and fees will depend on the agreed scope.

6.Proposals and scope

A proposal, quote, engagement letter or written agreement may set out the services to be provided, the scope of work, assumptions, deliverables, timing, fees, payment terms, exclusions, client responsibilities, expiry date of the proposal and any special conditions.

Unless stated otherwise, proposals are valid for 14 days from the date issued. This proposal validity period is separate from, and does not affect, the 30-day diagnostic fee credit window described below.

Where you complete a 360 Business Diagnostic and proceed with an ongoing advisory engagement within 30 days of receiving your diagnostic report, 50% of the diagnostic fee is credited across the first 90 days of advisory, as set out in the relevant proposal. This 30-day credit window runs from the date the diagnostic report is delivered and applies regardless of the 14-day validity period of any individual proposal.

Work outside the agreed scope may require a separate quote or written approval.

7.Client responsibilities

To allow us to provide services effectively, you agree to:

We are not responsible for delays, errors, omissions or outcomes caused by incomplete, inaccurate or delayed information provided by you or others on your behalf.

8.No guarantee of results

We aim to provide practical, commercially grounded advice and recommendations.

However, business outcomes depend on many factors outside our control, including your implementation, market conditions, staff capability, financial position, customer behaviour, suppliers, competitors and external events.

We do not guarantee increased revenue, improved profit, improved cash flow, cost savings, business growth, successful implementation, investment readiness, sale readiness, staff performance or any specific commercial result.

Any examples, case studies or testimonials are illustrative only and do not guarantee that similar results will be achieved.

9.Fees and payment

Fees will be set out in the applicable proposal, quote, invoice, engagement letter or written agreement.

Unless otherwise stated, fees are quoted in Australian dollars, GST will be added where applicable, invoices are payable by the due date stated on the invoice, work may be paused if invoices are overdue, and late payment may result in additional administration costs or recovery costs where permitted by law.

You must pay all fees for services properly performed, including approved out-of-scope work.

10.Expenses

You may be responsible for reasonable expenses incurred in delivering the services, including travel, accommodation, parking, printing, specialist software or third-party costs, where these have been disclosed or approved.

Expenses will be charged as agreed in the relevant proposal or engagement terms.

11.Cancellations and rescheduling

For Fit Calls, you may reschedule using the booking link where available.

For paid engagements, workshops, on-site visits or advisory sessions, you must give reasonable notice if you need to cancel or reschedule. If insufficient notice is given, cancellation or rescheduling fees may apply. Non-refundable third-party costs or travel expenses may be charged to you. If we need to reschedule, we will give reasonable notice and offer an alternative time.

Specific cancellation terms may be included in your proposal or engagement letter.

12.Confidentiality

Each party must keep the other party's confidential information confidential and must not disclose it except with the other party's consent, to employees, contractors or advisors who need to know it for the engagement, to comply with law, regulation, court order or professional obligation, where the information is already public through no fault of the receiving party, or where disclosure is necessary to enforce these Terms or protect legal rights.

Confidential information includes business records, financial information, pricing, supplier information, operational information, team information, commercial strategies, reports, recommendations, methodologies and any information marked or reasonably understood to be confidential.

This confidentiality obligation continues after the engagement ends.

13.Privacy

We handle personal information in accordance with our Privacy Policy.

By using our website, booking a call or engaging our services, you acknowledge that we may collect, use and disclose personal information as described in our Privacy Policy.

14.Intellectual property

Unless otherwise agreed in writing, we retain ownership of our pre-existing intellectual property, including frameworks, templates, diagnostic methods, tools, processes, know-how, documents, structures, report formats and methodologies.

You retain ownership of your pre-existing business information, records, documents, data and materials.

Once all fees are paid, you receive a non-exclusive, non-transferable licence to use the final deliverables we prepare for your internal business purposes.

You must not copy, reproduce, sell, publish, distribute, sublicense or commercialise our materials, frameworks, reports, templates or methods without our written consent.

15.Use of deliverables

Reports, recommendations, action plans and other deliverables are prepared for the specific client, business, context and scope agreed.

They must not be relied on by third parties without our written consent.

You are responsible for deciding whether and how to implement any recommendation.

16.Third-party tools and platforms

We may use third-party tools and platforms to deliver or manage our services, including email, cloud storage, booking systems, accounting systems, document-sharing tools, video conferencing and project management tools.

We are not responsible for outages, errors, data loss, cyber incidents or service failures caused by third-party platforms, except to the extent required by law.

17.Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be excluded under the Australian Consumer Law or any other applicable law.

Where permitted by law, our liability for breach of any non-excludable guarantee is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.

18.Limitation of liability

To the maximum extent permitted by law, we are not liable for loss of profit, loss of revenue, loss of opportunity, loss of goodwill, loss of data, business interruption, indirect, consequential or special loss, losses caused by your failure to implement advice appropriately, losses caused by inaccurate or incomplete information provided to us, or losses caused by third parties or external events outside our reasonable control.

To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the services is limited to the fees paid by you for the relevant services giving rise to the claim.

19.Indemnity

You agree to indemnify us against losses, claims, damages, liabilities, costs and expenses arising from your breach of these Terms, inaccurate, incomplete or misleading information provided by you or on your behalf, your misuse of our materials or deliverables, your implementation of recommendations without appropriate professional advice where required, or claims by third parties arising from your use of our services or deliverables.

This indemnity does not apply to the extent the loss is caused by our negligence, wilful misconduct or breach of law.

20.Staff and third-party participation

During an engagement, we may speak with your employees, contractors, managers or advisors.

You are responsible for ensuring that those people are authorised to participate and that any necessary internal permissions, notices or consents have been obtained.

We do not provide HR, employment law or industrial relations advice. Any staff-related observations are provided from an operational and business transformation perspective only.

21.On-site work

Where services are delivered on-site, you agree to provide a safe working environment and reasonable access to relevant areas, people, systems and information.

You must notify us of any health, safety, security or access requirements before an on-site visit.

We may refuse or stop on-site work if we reasonably believe conditions are unsafe or inappropriate.

22.Termination

Either party may terminate an engagement by written notice if the other party materially breaches these Terms and does not remedy the breach within a reasonable time, the other party becomes insolvent or unable to pay debts, continuing the engagement would create a legal, ethical, safety or professional conflict, or the parties mutually agree to end the engagement.

If an engagement ends, you must pay for all services performed and approved expenses incurred up to the termination date.

23.Force majeure

We are not liable for delay or failure to perform obligations caused by events beyond our reasonable control, including natural disasters, illness, cyber incidents, power failures, internet outages, government restrictions, industrial action, transport disruption or other external events.

24.Dispute resolution

If a dispute arises, both parties agree to first try to resolve it in good faith through direct discussion.

If the dispute cannot be resolved, either party may propose mediation before commencing legal proceedings, except where urgent injunctive relief is required.

25.Governing law

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

The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth courts of Australia.

26.Changes to these Terms

We may update these Terms from time to time by publishing the updated version on our website.

The version that applies to a paid engagement is the version in place when the engagement is accepted, unless otherwise agreed in writing.

27.Contact

For questions about these Terms, contact:

Margin & Co Pty Ltd
Email: eleonora@marginandco.com.au
Phone: 0468 775 653
Sydney, Australia
ABN: 27 699 080 156