Terms and Conditions

  1. Definitions
    In these Terms & Conditions:
  • Advisor / Co-Adviser means Siem Veltstra and any associated advisers engaged to provide advisory services.
  • ABN: 62 693 764 779.
  • Client means the individual, company, trust, or entity engaging the Advisor.
  • Services mean business advisory, coaching, advisory board, exit planning, succession planning, and related professional services.
  • Agreement means the engagement letter together with these Terms & Conditions.

 

  1. Scope of Services

2.1 The Advisor provides business advisory services only.
Services are consultative in nature and may include strategic advice, facilitation, analysis, and guidance.

2.2 The Advisor does not provide:

  • Legal advice
  • Accounting or taxation advice
  • Financial product advice
    unless explicitly agreed in writing.

2.3 The Client remains fully responsible for all business decisions, actions, and outcomes arising from the Services.

 

  1. Nature of the Advisory Relationship

3.1 The Services are provided on a best-efforts basis, drawing on experience, frameworks, and professional judgement.

3.2 The Advisor acts as an independent Co-Adviser, not as a director, officer, employee, partner, or agent of the Client.

3.3 Advice is provided to support decision-making, not to replace management responsibility.

 

  1. Client Responsibilities

4.1 The Client agrees to:

  • Provide accurate, complete, and timely information
  • Ensure key decision-makers are available as required
  • Implement agreed actions at their discretion

4.2 The Advisor is entitled to rely on information provided by the Client without independent verification unless otherwise agreed.

 

  1. Fees and Payment

5.1 Fees are as outlined in the engagement letter or proposal.

5.2 Unless otherwise stated:

  • Invoices are payable within 14 days
  • Fees are exclusive of GST
  • Reasonable out-of-pocket expenses may be charged with prior agreement

5.3 The Advisor may suspend Services for overdue accounts.

 

  1. Confidentiality

6.1 Both parties agree to keep all confidential information private and secure.

6.2 Confidential information may be disclosed where:

  • Required by law
  • Authorised by the Client
  • Necessary to engage trusted third-party professionals with Client consent

6.3 Confidentiality obligations survive termination of the Agreement.

 

  1. Intellectual Property

7.1 All frameworks, tools, methodologies, documents, and materials provided remain the intellectual property of the Advisor.

7.2 The Client is granted a non-exclusive, non-transferable license to use materials internally for their business.

7.3 Materials may not be shared, sold, or reproduced without written permission.

 

  1. Limitation of Liability

8.1 To the maximum extent permitted by Australian law:

  • The Advisor’s liability is limited to the amount of fees paid in the preceding 12 months.
  • The Advisor is not liable for indirect, consequential, or economic loss.

8.2 Nothing in this Agreement excludes rights under the Australian Consumer Law that cannot be excluded.

 

  1. No Guarantee of Outcomes

9.1 The Advisor does not guarantee:

  • Profitability improvements
  • Business value increases
  • Exit outcomes or valuations

9.2 Results depend on multiple factors outside the Advisor’s control, including market conditions and Client execution.

 

  1. Conflict of Interest

10.1 The Advisor will disclose any actual or potential conflicts of interest as they arise.

10.2 The Client acknowledges that the Advisor may work with other businesses, including those in similar industries, provided confidentiality is maintained.

 

  1. Term and Termination

11.1 Either party may terminate the Agreement:

  • With 30 days’ written notice, or
  • Immediately for material breach

11.2 Fees for Services provided up to the termination date remain payable.

 

  1. Third-Party Professionals

12.1 Where required, the Advisor may introduce third-party professionals.

12.2 The Advisor is not responsible for the advice or services provided by third parties.

 

  1. Force Majeure

Neither party is liable for failure to perform due to events beyond reasonable control, including illness, natural disasters, or government restrictions.

 

  1. Governing Law

This Agreement is governed by the laws of New South Wales, Australia.

 

  1. Entire Agreement

This Agreement constitutes the entire understanding between the parties and supersedes prior discussions or representations