TERMS & CONDITIONS

AXQ Pty Ltd

Last updated: 1 JANUARY 2026

1. Acceptance of Terms

By accessing, browsing, engaging with, or using this website, services, communications, or any materials provided by AXQ Pty Ltd (“AXQ”, “we”, “us”, “our”), you agree to be bound by these Terms and Conditions, our Privacy Policy, and any additional terms applicable to specific services or engagements.

If you do not agree, you must immediately discontinue use of this website and any associated services.

2. Jurisdiction & Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of Australia, with exclusive jurisdiction vested in the courts of the relevant Australian state or territory determined by AXQ.

Where services are provided or accessed internationally, users agree that:

Australian law applies to the maximum extent permitted, and
Any mandatory local consumer protections may apply only where legally unavoidable.

3. Nature of Services

AXQ Pty Ltd provides business management, advisory, operational, strategic, and consultancy services across commercial, not-for-profit, legal coordination, political, advocacy, and strategic marketing domains.

Services may include, but are not limited to:

Business management and operational oversight
Commercial structuring and enterprise development
Accounting coordination and compliance support
Not-for-profit governance, strategy, and operations (via separate legal structures)
Legal coordination (not legal advice unless expressly agreed in writing)
Strategic communications, political, advocacy, and high-impact engagement campaigns
Advisory and execution support across domestic and international markets

Unless expressly stated in a written engagement agreement, AXQ does not provide:

Legal advice
Financial product advice
Tax advice
Electoral guarantees or outcome assurances

4. Advisory vs Execution Disclaimer

AXQ operates as both an advisor and operator across its own enterprises and affiliated structures. However:

Advice, commentary, or strategic input provided to clients does not constitute guarantees of outcome.
Execution services, where offered, are governed strictly by written agreements defining scope, authority, and responsibility.
Political, advocacy, or strategic campaigns are inherently uncertain and influenced by external factors beyond AXQ’s control.

Clients acknowledge that results cannot be guaranteed, regardless of strategy quality or execution effort.

5. Client Obligations

You agree to:

Provide accurate, complete, and timely information
Comply with all applicable laws and regulations
Refrain from misrepresenting AXQ’s role or authority
Not use AXQ services for unlawful, deceptive, or unethical purposes

AXQ reserves the right to suspend or terminate services where client conduct exposes AXQ to legal, reputational, or regulatory risk.

6. Intellectual Property

All content, materials, methodologies, branding, documentation, and intellectual property displayed on or provided through this website remain the exclusive property of AXQ Pty Ltd or its licensors.

You must not:

Reproduce, republish, distribute, or commercialise content
Use AXQ branding, logos, or materials without written consent
Frame, scrape, or mirror website content

7. Confidentiality

All non-public information exchanged is confidential unless:

Publicly available
Required by law to be disclosed
Explicitly authorised in writing

AXQ may engage third-party professionals (legal, accounting, technical, strategic) under confidentiality obligations where required to deliver services.

8. Third-Party Services & Links

AXQ may reference or coordinate with third parties. AXQ:

Does not control third-party conduct
Is not responsible for third-party outcomes, content, or compliance
Makes no warranties regarding third-party services

9. Cookies & Data

AXQ uses cookies and similar technologies to enhance functionality and analytics. Use of this website constitutes consent in accordance with our Privacy Policy.

10. Limitation of Liability

To the maximum extent permitted by law:

AXQ excludes all implied warranties
AXQ is not liable for indirect, consequential, or economic loss
Liability is limited to the amount paid for the relevant service, where applicable

Nothing excludes liability that cannot be excluded under Australian Consumer Law.

11. Indemnity

You agree to indemnify and hold harmless AXQ Pty Ltd, its directors, officers, affiliates, and partners from any claims, losses, or damages arising from:

Your misuse of services
Breach of these Terms
Unlawful or negligent conduct

12. Termination

AXQ may terminate or suspend access or services at any time without notice where required to protect legal, regulatory, or commercial interests.

13. Global Users

If you access AXQ services outside Australia:

You do so at your own risk
You are responsible for compliance with local laws
Australian jurisdiction applies to the fullest extent legally possible

14. Amendments

AXQ reserves the right to amend these Terms at any time. Continued use constitutes acceptance of updated terms.

15. No Waiver

Failure to enforce any provision does not constitute a waiver of rights.

16. Regulatory Independence & No Agency

Nothing in these Terms creates any partnership, joint venture, employment, fiduciary, or agency relationship between AXQ Pty Ltd and any client, counterparty, government body, political entity, or third party unless expressly agreed in writing.

AXQ does not act as an authorised agent, representative, or spokesperson unless explicitly appointed under a separate written instrument.

17. Political, Advocacy & Public Affairs Engagements

Where AXQ provides political, advocacy, public-interest, or influence-related services:

Services are strategic and advisory unless execution authority is expressly granted in writing
AXQ does not guarantee electoral, legislative, regulatory, or policy outcomes
Responsibility for compliance with electoral, lobbying, disclosure, and funding laws remains with the client unless otherwise agreed

AXQ reserves the right to disengage from any campaign that presents legal, ethical, reputational, or regulatory risk.

18. Not-for-Profit (NFP) Engagements

Where services are provided to not-for-profit organisations:

AXQ does not assume director, trustee, officer, or responsible-person obligations unless expressly appointed
Governance responsibility remains with the NFP’s governing body
AXQ may operate or support NFPs through separate legal structures, which shall not create cross-liability

No advice provided constitutes charitable, fiduciary, or trustee advice unless stated in writing.

19. Operational Authority & Delegation

AXQ may only exercise operational control, signing authority, or decision-making power where expressly authorised in writing.

Absent such authorisation:

AXQ acts in an advisory or coordination capacity only
No authority to bind the client is implied

Any unauthorised representation of AXQ authority is strictly prohibited.

20. High-Risk & Complex Engagements

Clients acknowledge that AXQ may engage in complex, high-stakes, or high-risk environments including regulated industries, political arenas, distressed enterprises, or sensitive public matters.

Clients accept that:

Increased risk is inherent
Outcomes are influenced by external forces
AXQ’s role is to mitigate, not eliminate, risk

21. Reputation & Conduct Protection

Clients must not engage in conduct that:

Damages AXQ’s reputation
Exposes AXQ to public controversy, misinformation, or unlawful association
Misrepresents AXQ’s position, views, or endorsement

AXQ reserves the right to publicly disassociate from any client conduct that threatens reputational integrity.

22. Non-Circumvention

Clients must not:

Circumvent AXQ to engage introduced parties
Repurpose strategies, frameworks, or introductions for competitive advantage
Use AXQ’s intellectual or relational capital without consent

This obligation survives termination.

23. Fees, Costs & External Dependencies

Unless otherwise agreed:

Fees are exclusive of taxes, duties, and external costs
Third-party costs are payable by the client
AXQ is not responsible for delays caused by regulators, courts, institutions, or third parties

Non-payment may result in immediate suspension of services.

24. Conflict of Interest

AXQ may operate across multiple sectors, entities, and jurisdictions.
Clients acknowledge that:

AXQ may advise or operate in adjacent markets
Confidentiality obligations will be upheld
No exclusivity is implied unless agreed in writing

25. Records, Documentation & Audit Rights

AXQ may maintain internal records for legal, regulatory, and risk management purposes.

Clients acknowledge AXQ may be required to disclose records:

Under Australian law
To regulators or courts
To protect AXQ’s legal position

26. Survival of Obligations

Clauses relating to:

Confidentiality
Intellectual Property
Limitation of Liability
Indemnity
Non-circumvention
Jurisdiction

survive termination or expiry of any engagement.

27. Political Campaigns & Public Affairs Addendum

27.1 Scope

This Addendum applies to any engagement involving political campaigns, advocacy, public affairs, influence strategies, electoral activities, stakeholder mobilisation, or public narrative management.

27.2 Nature of Services

AXQ Pty Ltd provides strategic, operational, and execution support where expressly agreed in writing. Services may include campaign architecture, messaging strategy, stakeholder engagement, operational coordination, and execution oversight.

AXQ does not guarantee electoral success, legislative outcomes, regulatory decisions, public approval, or media sentiment.

27.3 Compliance Responsibility

Unless expressly agreed otherwise:

The client remains solely responsible for compliance with electoral, lobbying, funding, disclosure, and political advertising laws
AXQ does not act as a registered political entity, party, candidate, or lobbyist unless separately contracted and authorised

27.4 Risk & Disengagement

AXQ reserves the unilateral right to suspend or terminate involvement in any political or public affairs engagement where:

Legal or regulatory risk escalates
Ethical boundaries are breached
Reputational exposure becomes unacceptable
Client conduct undermines campaign integrity

27.5 Attribution & Public Use

Clients must not publicly attribute statements, positions, endorsements, or outcomes to AXQ without prior written consent.

28. Not-For-Profit (NFP) Governance & Operations Annex

28.1 Separate Legal Structures

AXQ may operate within or alongside not-for-profit organisations through separate and distinct legal entities. No cross-liability, fiduciary assumption, or governance responsibility is implied.

28.2 No Director or Trustee Role

Unless expressly appointed in writing:

AXQ does not act as a director, trustee, officer, or responsible person
Governance accountability remains with the NFP’s board or governing body

28.3 Regulatory Compliance

The client NFP remains responsible for compliance with:

ACNC obligations
Corporations Act requirements (where applicable)
Funding, reporting, and charitable purpose obligations

AXQ’s role is advisory, operational, or execution-based only to the extent agreed.

28.4 Funding & Public Representation

AXQ does not guarantee funding approvals, grants, endorsements, or donor outcomes.
Clients must not represent AXQ as a guarantor of charitable status or funding success.

29. Client Onboarding Acknowledgement

29.1 Acknowledgement Requirement

Prior to commencement of any engagement, AXQ may require the client to execute a Client Onboarding Acknowledgement, confirming understanding of:

The scope and limits of AXQ’s role
The advisory vs execution distinction
The absence of guaranteed outcomes
Jurisdiction, liability limitations, and indemnities

29.2 Binding Effect

Execution of an onboarding acknowledgement forms part of the contractual framework between the parties and is binding in conjunction with these Terms and Conditions.

29.3 Reliance & Authority

Clients confirm they:

Have authority to engage AXQ Pty Ltd
Have not relied on representations outside written agreements
Accept responsibility for final decisions and actions

30. Schedule of Services Framework

30.1 Modular Engagement Structure

AXQ Pty Ltd delivers services pursuant to one or more Schedules of Services (“Schedule”), each forming part of and read together with these Terms and Conditions.

Each Schedule:

Defines the specific services to be provided
Specifies whether services are advisory, operational, execution-based, or hybrid
Sets out scope, limitations, deliverables, authority, and exclusions
May be issued, amended, or replaced without altering the master Terms

In the event of inconsistency, the Schedule prevails only to the extent of that inconsistency.

30.2 No Services Without a Schedule

No services are deemed to be provided unless:

A Schedule has been issued by AXQ Pty Ltd, and
Accepted in writing by the client (including electronic acceptance)

Informal discussions, proposals, emails, or preliminary work do not constitute an engagement absent an accepted Schedule.

30.3 Schedule Categories

Schedules may include, without limitation:

Schedule A — Business Management & Advisory

Commercial advisory
Enterprise structuring
Strategic planning
Compliance coordination
Risk and governance advisory

Schedule B — Operational & Execution Services

Business operations oversight
Project execution
Asset or venture management
Turnaround or scale-up support
Delegated authority (where expressly stated)

Schedule C — Legal Coordination & Regulatory Navigation

Coordination with external legal practitioners
Regulatory strategy and engagement
Compliance roadmap development
(No legal advice unless expressly stated)

Schedule D — Not-for-Profit (NFP) Services

Governance advisory
Operational support
ACNC compliance coordination
Funding and stakeholder strategy
(No trustee or director role implied)

Schedule E — Political, Advocacy & Public Affairs

Campaign strategy and architecture
Stakeholder engagement
Public narrative and positioning
Mobilisation and influence strategy
(No outcome guarantees)

Schedule F — Strategic Marketing & High-Impact Campaigns

Strategic communications
Brand positioning
Influence and engagement campaigns
Outcome-driven marketing initiatives

30.4 Authority & Delegation

A Schedule must expressly state if AXQ is granted:

Signing authority
Decision-making authority
Representational authority

Absent express wording, no authority is implied.

Each Schedule may specify:

Fee structure (fixed, retainer, milestone, performance-linked where lawful)
Payment terms
External costs and disbursements
Tax treatment

Unless otherwise stated:

Fees are exclusive of GST and other taxes
Third-party costs are borne by the client

30.6 Amendments to Schedules

AXQ Pty Ltd may issue amended or supplemental Schedules where:

Scope changes
Risk profile shifts
Regulatory or political conditions change

Continued instruction or acceptance constitutes acceptance of the amended Schedule.

30.7 Termination by Schedule

Termination of a Schedule:

Does not terminate other active Schedules
Does not affect surviving clauses under these Terms
Does not waive accrued rights or liabilities

30.8 Survival & Independence

Each Schedule:

Is independent unless expressly linked
Survives termination to the extent required to give effect to rights, obligations, indemnities, and limitations

30.9 General Services & Residual Authority Clause

AXQ Pty Ltd may provide services to the Client that are incidental, ancillary, supplementary, or reasonably necessary to the effective delivery of any agreed Schedule, or that are requested by the Client from time to time, even if such services are not expressly listed in a Schedule.

Unless expressly stated otherwise in writing:

Such services shall be deemed part of the engagement
AXQ is entitled to charge for such services on the same commercial basis as the relevant Schedule, or at AXQ’s prevailing rates
No new Schedule is required where services are a natural extension of the agreed scope

AXQ will act reasonably in determining whether services fall within this clause.
Where services materially expand scope, AXQ may issue a supplemental Schedule or revised fee arrangement.

30.10 Time-Cost Override Clause

Notwithstanding any fixed fee, estimate, cap, or Schedule pricing, AXQ Pty Ltd reserves the right to charge for services performed on a time-cost basis where:

The scope materially expands beyond what was reasonably contemplated;
Urgent, reactive, or unplanned work is required;
The Client causes delay, inefficiency, or rework;
External events (regulatory, political, commercial, or third-party) materially increase effort or complexity.

Time-cost charges shall be calculated at AXQ’s prevailing rates unless otherwise agreed in writing.
No failure to issue a revised Schedule constitutes a waiver of this right.

30.11 Quantum Meruit & Unjust Enrichment Fallback

Without limiting any other rights, where services are provided by AXQ Pty Ltd:

At the Client’s request;
With the Client’s knowledge or acquiescence; or
In circumstances where it would be unjust for the Client to retain the benefit without payment,

AXQ is entitled to remuneration on a quantum meruit basis for the reasonable value of services rendered, irrespective of whether a Schedule was finalised, executed, or remained incomplete.

This clause survives termination and applies in equity, contract, and restitution.

30.12 Course-of-Dealing & Implied Instruction Clause

The Client acknowledges that instructions, authority, and scope may arise through a course of dealing, including but not limited to:

Repeated requests for similar services;
Ongoing acceptance of work without objection;
Reliance on AXQ to act in continuity with prior engagements;
Conduct that reasonably indicates assent to services being performed.

Such conduct constitutes valid instruction and acceptance for the purposes of these Terms, and the Client waives any argument that services were unauthorised solely due to the absence of a new or amended Schedule.

30.13 Retainer Bleed, Overrun & Priority Provision

Where services are provided under a retainer arrangement:

Retainers apply to actual time and effort incurred, not merely reserved availability;
Unused retainer amounts do not roll over unless expressly agreed;
Where work exceeds retainer coverage (“bleed”), AXQ may charge the excess at prevailing rates without prior approval.

AXQ may, at its discretion:

Apply overrun charges to the next billing cycle; or
Require retainer top-up as a condition of continued priority service.

Failure to maintain agreed retainer levels may result in de-prioritisation or suspension of service

31. Costs Recovery & Debt Escalation

31.1 Recovery of Outstanding Amounts

If any amount payable to AXQ Pty Ltd remains unpaid beyond the due date, AXQ may, without prejudice to any other rights:

Suspend or terminate services immediately;
Withhold deliverables, work product, or access;
Commence recovery action.

31.2 Recovery Costs

The Client is liable for all reasonable costs incurred by AXQ in recovering unpaid amounts, including but not limited to:

Legal fees (on a solicitor–client basis)
Debt collection agency fees
Internal recovery and management time
Court fees and disbursements

These costs are recoverable as a debt due.

32. Interest on Overdue Amounts

32.1 Interest Accrual

AXQ Pty Ltd may charge interest on any overdue amount at the rate of 2% per calendar month, calculated daily and compounded monthly, or the maximum rate permitted by law (whichever is lower).

32.2 No Waiver

Failure to charge interest on any occasion does not constitute a waiver of the right to do so in the future.

33. Set-Off & Application of Payments

AXQ Pty Ltd may apply any payment received:

First to recovery costs and interest;
Then to outstanding fees;
Then to principal amounts owed.

AXQ may also set off any amount owed by the Client against any amount otherwise payable by AXQ to the Client.

34. Personal Guarantees & Responsible Officer Liability

34.1 Director / Officer Guarantee

Where the Client is a corporation, AXQ Pty Ltd may require one or more directors, officers, or controlling persons to execute a personal guarantee securing payment of all amounts due.

34.2 Continuing Liability

Such guarantees may be continuing in nature and survive termination of any Schedule or engagement.

35. Confidentiality Breach & Liquidated Damages

35.1 Material Confidentiality Obligations

The Client acknowledges that unauthorised disclosure of AXQ’s confidential information, strategies, materials, or methodologies may cause irreparable harm not adequately compensable by damages alone.

35.2 Liquidated Damages

Without limiting injunctive or equitable relief, AXQ Pty Ltd may elect to claim liquidated damages for confidentiality breaches in an amount specified in the applicable Schedule or engagement documentation, being a genuine pre-estimate of loss.

35.3 Injunctive Relief

AXQ reserves the right to seek urgent injunctive or equitable relief without the need to prove actual loss.

36. No Class Actions & Representative Proceedings

To the maximum extent permitted by law, the Client agrees that:

Any dispute must be brought in the Client’s individual capacity;
No class, collective, or representative proceedings may be commenced against AXQ Pty Ltd.

37. Priority, Resource Allocation & Discretion

AXQ Pty Ltd retains discretion over:

Allocation of personnel and resources;
Sequencing and prioritisation of work;
Deployment of senior or specialist staff.

Priority may be influenced by retainer status, risk profile, urgency, and compliance considerations.

38. Survival & Enforcement

Clauses relating to:

Fees and recovery
Interest and set-off
Guarantees
Confidentiality
Indemnities
Jurisdiction and governing law

survive termination and remain enforceable to the fullest extent permitted by law.

39. Costs Recovery & Debt Escalation

39.1 Recovery of Outstanding Amounts

If any amount payable to AXQ Pty Ltd remains unpaid beyond the due date, AXQ may, without prejudice to any other rights:

Suspend or terminate services immediately;
Withhold deliverables, work product, or access;
Commence recovery action.

39.2 Recovery Costs

The Client is liable for all reasonable costs incurred by AXQ in recovering unpaid amounts, including but not limited to:

Legal fees (on a solicitor–client basis)
Debt collection agency fees
Internal recovery and management time
Court fees and disbursements

These costs are recoverable as a debt due.

40. Interest on Overdue Amounts

40.1 Interest Accrual

AXQ Pty Ltd may charge interest on any overdue amount at the rate of 2% per calendar month, calculated daily and compounded monthly, or the maximum rate permitted by law (whichever is lower).

40.2 No Waiver

Failure to charge interest on any occasion does not constitute a waiver of the right to do so in the future.

41. Set-Off & Application of Payments

AXQ Pty Ltd may apply any payment received:

First to recovery costs and interest;
Then to outstanding fees;
Then to principal amounts owed.

AXQ may also set off any amount owed by the Client against any amount otherwise payable by AXQ to the Client.

42. Personal Guarantees & Responsible Officer Liability

42.1 Director / Officer Guarantee

Where the Client is a corporation, AXQ Pty Ltd may require one or more directors, officers, or controlling persons to execute a personal guarantee securing payment of all amounts due.

42.2 Continuing Liability

Such guarantees may be continuing in nature and survive termination of any Schedule or engagement.

43. Confidentiality Breach & Liquidated Damages

43.1 Material Confidentiality Obligations

43.2 Liquidated Damages

43.3 Injunctive Relief

AXQ reserves the right to seek urgent injunctive or equitable relief without the need to prove actual loss.

44. No Class Actions & Representative Proceedings

To the maximum extent permitted by law, the Client agrees that:

Any dispute must be brought in the Client’s individual capacity;
No class, collective, or representative proceedings may be commenced against AXQ Pty Ltd.

45. Priority, Resource Allocation & Discretion

AXQ Pty Ltd retains discretion over:

Allocation of personnel and resources;
Sequencing and prioritisation of work;
Deployment of senior or specialist staff.

Priority may be influenced by retainer status, risk profile, urgency, and compliance considerations.

46. Survival & Enforcement

Clauses relating to:

Fees and recovery
Interest and set-off
Guarantees
Confidentiality
Indemnities
Jurisdiction and governing law

survive termination and remain enforceable to the fullest extent permitted by law.

47. Security Interests & PPSA (Australia)

47.1 Grant of Security Interest

To the maximum extent permitted by law, the Client grants AXQ Pty Ltd a security interest in all present and after-acquired property of the Client to secure payment of all amounts owing under these Terms or any Schedule.

47.2 PPSA Registration

AXQ may register its security interest under the Personal Property Securities Act 2009 (Cth) (PPSA). The Client waives any right to receive notice of registration, verification statements, or amendments.

47.3 Priority & Enforcement

AXQ may take any enforcement action permitted under the PPSA upon default, without prejudice to other remedies.

48. Step-In Rights (Distressed or High-Risk Engagements)

Where an engagement becomes distressed, obstructed, or materially compromised, AXQ Pty Ltd may, where commercially or strategically necessary:

Step into operational, coordination, or control functions (to the extent lawfully permitted);
Implement protective or stabilisation measures;
Engage third parties to safeguard outcomes.

Step-in actions do not create fiduciary duties or guarantees of outcome and do not waive AXQ’s rights under these Terms.

49. Entire Agreement & No-Reliance

These Terms, together with any Schedule and written engagement documents, constitute the entire agreement between the parties.

The Client acknowledges that it has not relied on any representation, warranty, or statement not expressly set out in writing and waives any right or remedy arising from such reliance, to the maximum extent permitted by law.

50. Counterparts & Electronic Execution

These Terms and any Schedules may be executed:

In counterparts;
Electronically;
By digital signature or electronic acceptance.

Each executed counterpart constitutes an original, and together they form one binding agreement.

51. Assignment & Subcontracting

AXQ Pty Ltd may assign, novate, or subcontract any part of its rights or obligations without consent, provided this does not materially prejudice the Client.

The Client may not assign or transfer rights or obligations without AXQ’s prior written consent.

52. Public Statements, Confidential Engagements & NDAs

AXQ Pty Ltd may conduct engagements on a confidential or undisclosed basis.
Clients must not publicise, disclose, or acknowledge AXQ’s involvement without prior written consent.

AXQ may require separate non-disclosure agreements for sensitive or high-risk matters.

53. Interpretation & Commercial Construction

These Terms must be interpreted:

To give effect to their commercial purpose;
Without presumption against the drafting party;
In a manner favouring enforceability over invalidity.

Headings are for convenience only and do not affect interpretation.

54. Dispute Resolution & Escalation (Australia → Arbitration Fallback)

54.1 Good Faith Negotiation

In the event of any dispute, controversy, or claim arising out of or in connection with these Terms or any Schedule, the parties must first attempt to resolve the dispute through good faith negotiations between senior representatives.

54.2 Mediation

If the dispute is not resolved within fourteen (14) days, either party may require the dispute to be referred to mediation administered by a recognised mediation body in Australia, unless urgent interlocutory relief is required.

54.3 Arbitration Fallback

Where mediation fails or is refused, AXQ Pty Ltd may elect (at its discretion) to refer the dispute to binding arbitration seated in Australia, conducted in accordance with applicable Australian arbitration rules.

The arbitral decision shall be final and binding, subject only to rights preserved by Australian law.

54.4 Injunctive Relief Preserved

Nothing in this clause limits AXQ’s right to seek urgent injunctive, equitable, or protective relief in any court of competent jurisdiction.

55. Moral Rights Waiver & Campaign Materials

55.1 Moral Rights

To the maximum extent permitted by law, the Client irrevocably consents to and waives any moral rights in relation to materials, content, campaign assets, strategies, communications, or works created, adapted, or commissioned by AXQ Pty Ltd in connection with any engagement.

55.2 Use, Adaptation & Reuse

AXQ may:

Edit, adapt, reformat, or repurpose materials
Combine works with other materials
Use learnings, structures, and non-identifying concepts across engagements

This clause survives termination and applies globally.

56. Data Sovereignty, Cross-Border Transfer & Cyber Risk

56.1 Data Handling

AXQ Pty Ltd may collect, store, process, and transfer data within Australia or internationally where reasonably necessary to deliver services.

56.2 Cross-Border Transfer

The Client expressly consents to cross-border data transfers, including to jurisdictions with different data protection regimes, subject to reasonable safeguards.

56.3 Cyber & Systems Risk

AXQ does not warrant that systems will be free from cyber incidents, unauthorised access, or technical failure.
To the maximum extent permitted by law, AXQ is not liable for losses arising from cyber events beyond its reasonable control.

56.4 Client Security Obligations

Clients must implement reasonable security measures and promptly notify AXQ of any data breach or suspected compromise affecting the engagement.

57. Acceptance, Execution & Binding Effect

57.1 Website Acceptance

Use of AXQ Pty Ltd’s website, submission of enquiries, or engagement with services constitutes acceptance of these Terms and Conditions.

57.2 Contractual Acceptance

These Terms become binding upon the earliest of:

Execution of a Schedule or engagement document;
Written acceptance (including email or electronic confirmation);
Instruction to commence services;
Continued receipt or use of services.

57.3 Authority to Bind

The individual accepting these Terms warrants they have authority to bind the Client entity and, where applicable, its directors or controlling persons.

58. Electronic Communications & Notices

58.1 Electronic Dealings

The Client consents to receiving notices, invoices, instructions, and communications electronically.

58.2 Deemed Receipt

Electronic communications are deemed received:

On transmission if sent during business hours; or
On the next business day if sent outside business hours.

59. Execution Priority & Tiered Risk Engagements

59.1 Risk Tier Classification

AXQ Pty Ltd may classify engagements into Standard, Sensitive, or Critical risk tiers based on complexity, exposure, and urgency.

59.2 Enhanced Terms

Sensitive or Critical engagements may require:

Additional indemnities
Increased retainers
Accelerated billing
Expanded authority limitations
Supplemental confidentiality or security measures

Such requirements may be imposed by written notice and take effect immediately.

60. Suspension for Risk, Non-Compliance or Exposure

AXQ Pty Ltd may immediately suspend services where:

Continued engagement exposes AXQ to unacceptable risk;
The Client fails to comply with instructions, laws, or payment terms;
There is credible threat of reputational, regulatory, or legal harm.

Suspension does not waive accrued rights or payment obligations.

61. No Partnership, Joint Venture or Fiduciary Duty

Nothing in these Terms creates a partnership, joint venture, fiduciary relationship, or employment relationship between AXQ Pty Ltd and the Client.

AXQ acts solely as an independent contractor unless expressly agreed otherwise in writing.

62. Independent Decision-Making & Client Responsibility

The Client retains ultimate responsibility for:

Decisions taken
Actions implemented
Compliance with laws
Outcomes arising from services

AXQ’s role is advisory, operational, or execution-based only to the extent agreed and does not displace Client responsibility.

63. Headings, Construction & Drafting Neutrality

Headings are for convenience only and do not affect interpretation.
These Terms are to be construed without presumption against AXQ Pty Ltd as the drafting party.

64. Final Severability & Enforceability Safeguard

If any provision is held invalid, illegal, or unenforceable:

It is severed to the minimum extent necessary; and
The remaining provisions continue in full force and effect.

65. Final Clause – Commercial Intent

These Terms are intended to be commercially enforceable, risk-allocating, and outcome-oriented, reflecting engagements that may involve complexity, urgency, public exposure, and material consequence.

The parties agree these Terms give effect to that intent.

Contact & Formal Correspondence (Non-Contractual Statement)

For the purposes of notices, formal correspondence, regulatory enquiries, or legal communications relating to these Terms and Conditions or any engagement with AXQ Pty Ltd, contact details will be those published from time to time on AXQ Pty Ltd’s official website or corporate records.

AXQ Pty Ltd may update its contact details without amending these Terms.