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EMC GROUP ADVISORY
Level 2, 90 William Street
Melbourne VIC 3000
PH: 61 (3)9605 5902
MOB: 0438012438/0408595220
info@EMC Group Advisory.com.au
Dear Madam/Sir,
Letter of Engagement and appointment to advise you
We aredelighted that you have asked us to provide you with professional advice and assistance.
Accordingly, this letter sets out the proposed terms and conditions of our appointment with immediate effect to provide that advice and assistance.
Confidentiality
We agree to use all reasonable efforts to keep confidential any and all confidential information provided by you and/or any other principal or professional adviser involved in the advice and assistance provided by us.
We agree not to disclose any confidential information to any other party without your agreement or the agreement of any other party providing the confidential information to me, unless we are obliged to do so by force of law or applicable regulation.
We agree that all information we receive in connection with the advice and assistance provided to you will be confidential information, unless we are told otherwise by the party providing that information or the information is already in the public domain.
Nature of our advice and assistance
We agree to provide professional advice and assistance as required to help you consider and evaluate [insert description] in respect of [insert details as appropriate].
We would expect that our advice and assistance would be provided verbally or in writing as appropriate and include, amongst other things:
- Meeting with [insert details] on an as required basis.
- Liaising with your appointed professional advisors.
- Negotiating with [insert details].
- [other]
Our advice will not constitute legal or other specialist advice and will necessarily be based upon, rely on and/or be subject to such legal advice as you obtain from your legal and other professional advisers.
Fees and expenses
You agree to pay us the following fees forour advice and assistance:
- An initial fee of $XXX plus GST
- A monthly retainer fee of $XX,000 plus GST in respect of each calendar month commencing #.
You also agree to reimburse us for any out of pocket expenses incurred by us with your prior approval in connection with this appointment.
Our fees will be invoiced monthly in arrears, together with a claim for reimbursement of any expenses properly incurred and payable at the date of invoice.
You agree that all invoiced amounts are to be paid, plus GST, within 14 days of the invoice date.
Limitations of my liability
In order to provide you with timely and reasoned advice and assistance we need to be provided with all relevant information. You therefore agree to keep us informed as to facts and developments which may be of significance, and accept that if we are not aware of all relevant facts, circumstances and views, we cannot be held liable for any advice to the extent that knowledge of those facts, circumstances and views could have caused us to give different advice.
You agree that we cannot and will not be held liable by you for any advice or assistance we provide which is based upon information (or lack of information) provided by you or your other advisers or consultants and on which it is reasonable for us to rely, but which is incorrect, incomplete, inaccurate or in any other way misleading. You also agree that we will not be liable for advice based upon incorrect, incomplete, inaccurate or misleading information from any other source, including public sources, where it is reasonable in all the circumstances for us to rely upon that information.
Termination
This appointment is agreed to be for an initial term of three (3) months and thereafter will be renewed on a month by month basis only by mutual agreement.
Draft Advice
You acknowledge that you may not rely on any draft or interim advice provided by us.
Electronic mail
If we transmit any electronic mail or other document to you electronically in the course of providing advice and assistance, you release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that electronic mail or document arising from the transmission, for any delay or non-delivery of that electronic mail or document and for any damage caused to your system or any files by the transmission (including as a result of any computer virus).
Whole agreement
This letter and the agreement it records represents the entire agreement in connection with our engagement.
Interpretation
This letter and the agreement it records are subject to the laws of the State of Victoria. If and to the extent that all or any part of this letter is or becomes inaccurate or inappropriate in the circumstances, or is struck down for any reason, you and us agree to as nearly and to the extent possible give effect to the intent of this letter and the agreement it records.
Acceptance
Your agreement to these terms and conditions will be confirmed by you making payment to us of the initial fee advised herein and due hereunder before we commence provision of our services to you.
Yours sincerely
EMC Group Advisory
Director