This document forms part of our commercial terms
This is version 1.3, effective from Jan 31, 2020.
Client's Best Interests
GrowthPath provides important business advice, often regarding investments and selections of service partners. We are pleased to recommend practitioners and businesses we've worked with previously, if they are a good fit. However, under no circumstances does GrowthPath ever take a commission or expect favours. We prefer to recommend a selection process with alternative solutions, to provide competition.
Conflict of Interest
GrowthPath builds a close relationship with clients. We won't serve a competitor or partial competitor to an existing client, or for a client with whom we've completed work within the last year.
Data security and confidentiality
We take our duty of care obligations very seriously. We prefer communications via secure channels. Any data we temporarily store on devices is encrypted. Any password we use to access client systems are strong, even if this goes beyond the normal policy at the client.
Completion and Client Involvement
In fixed price contracts, it is important to define "completion". If this is not explicitly defined, then GrowthPath applies the concept of "practical completion", meaning that completion is reached when there is no adverse material consequence of using what we have delivered. We require our clients to make reasonable efforts to support the project, which will be defined in our agreement. This typically includes participating in discussions about the business and participating in agreed training and testing activities. Completion dates are best effort dates; projects usually require client input and could require third party involvement. Also, we tend to be flexible regarding changing requirements, as it is natural to discover things as a project progresses. When completion dates become hard (such as a go-live date), we will become more strict about limiting the risk of changes.
Client contribution is usually important in our projects. Unless specifically agreed, GrowthPath does not act as project manager or wrangler of your staff and any third parties you control; this will be the client's responsibility, unless GrowthPath is specifically providing project management services.
GrowthPath prefers fixed-price quotes for small, well-defined steps. Fixed-price projects force both parties to focus on the value being added. Over time we may move to a retainer arrangement if both parties feel comfortable.
Our standard terms are 7 days. Most projects begin with a deposit. Progress payments are made based on substantial completion of milestones specified in the proposal.
Professional Indemnity Insurance
No claim has ever been made on GrowthPath. However, we are well protected with comprehensive professional indemnity insurance of claims up to $5m should a breach of contract lead to a successful action against GrowthPath.
Remedies, Exclusions and Guarantee
GrowthPath's proposals are intended to be legal contracts, governed completely and entirely by the contents of the proposal and these terms. In case of conflict, the proposal has priority.
In case of dispute, GrowthPath will endeavour to reach a favourable outcome leading a happy client. We have never had a dispute with a client, but contracts are written to protect even for unlikely or unwanted outcomes. Therefore, we limit our liabilities.
GrowthPath limits its guarantee for any loss, direct, indirect, or consequential, where loss means any adverse cash effect, actual, hypothetical or projected, including any transaction of value with third parties. The limit is unpaid amounts of the contract at the relevant time. This guarantee fully meets GrowthPath's liability to the other party in contract, tort, warranty, strict liability, or any other legal theory for any indirect, consequential, incidental, punitive or exemplary damages or loss of profits.
This guarantee is the exclusive remedy for breaches of contract with GrowthPath, unless specifically written otherwise in the proposal.