Enterprise Bargaining Analytics
Effective from: 1 July 2026These Engagement Terms govern services supplied by KLD LAB PTY LTD trading as Enterprise Bargaining Analytics (ABN 87 608 126 281) (EBA, we, us, our) to the client named in an accepted quote, proposal, or order form (Client, you, your).By accepting a quote or proposal, clicking acceptance online, or instructing us to proceed, you agree to these Terms.
1. Services and scope
1.1 EBA provides commercial labour cost modelling and analytics services.
1.2 Services include:
- Model My EBA (Product Service).
- Benchmark My EBA (Product Service).
- Bespoke consulting or modelling services where requirements are outside Product Services.
1.3 Services are limited to the agreed scope, assumptions, inputs, milestones, deliverables, and fees in the accepted quote or proposal.
1.4 Unless expressly agreed in writing, EBA does not provide legal, industrial relations, tax, accounting, payroll compliance, or financial product advice.
2. Contract formation and document order
2.1 A binding contract is formed when you accept a quote or proposal, or otherwise instruct EBA to proceed and EBA confirms acceptance.
2.2 Contract document order of precedence:
- Accepted quote, proposal, or order form.
- These Terms.
- Applicable schedules.
- EBA Privacy Policy.
2.3 A quote is valid until the expiry stated in that quote. EBA may revise or withdraw an unaccepted quote at any time before acceptance.
3. Client responsibilities
3.1 You must provide complete, accurate, and lawful information, documents, and instructions in a timely way.
3.2 You warrant that you have authority and rights to provide all material supplied to EBA.
3.3 EBA is not responsible for delay, rework, or errors caused by missing or inaccurate client inputs.
4. Fees, GST and payment
4.1 Fees are as stated in the accepted quote or proposal.
4.2 Unless stated otherwise, fees are exclusive of GST. GST is payable in addition where applicable.
4.3 Payment terms:
- If a milestone payment schedule is stated in the quote or proposal, that schedule applies.
- Otherwise, invoices are due within 7 days of issue.
4.4 EBA may require full payment before release of deliverables.
4.5 EBA may suspend work or withhold deliverables for overdue undisputed amounts.
5. Timing and variations
5.1 Timelines and turnaround estimates are provided in good faith and are not guarantees unless expressly stated in writing.
5.2 Timing depends on input quality and completeness, responsiveness, agreed assumptions, and external dependencies.
5.3 EBA will notify you of material expected delays once identified.
5.4 Minor changes may be accommodated where practical. Material changes may require a revised quote or approved variation before work continues.
6. Confidentiality and IP
6.1 Each party must keep the other party’s confidential information confidential and use it only for this engagement.
6.2 Confidentiality obligations do not apply where information is:
- required by law to be disclosed;
- lawfully in the public domain (other than through breach of these Terms); or
- independently developed without use of the other party’s confidential information.
6.3 EBA retains rights in its pre-existing materials, methods, templates, tools, software, and know-how.
6.4 Subject to payment of all fees, EBA grants you a non-exclusive, non-transferable licence to use deliverables for your internal business purposes and agreed use case.
6.5 You must not resell, white-label, or commercialise deliverables as a standalone external product without EBA’s prior written consent.
7. Purpose, corrections and limits
7.1 Deliverables support planning and decision-making based on agreed assumptions and supplied source data.
7.2 EBA uses reasonable care and skill but does not guarantee actual labour costs or outcomes will match model outputs.
7.3 EBA will rectify verified defects attributable to EBA’s work within the applicable rectification period.
7.4 Rectification periods are:
- Product Services (Schedules 1 and 2): 14 days from delivery, unless the quote states otherwise.
- Bespoke Consulting (Schedule 3): 30 days from delivery, unless the quote or proposal states otherwise.
7.5 Rectification does not cover incorrect client input, post-delivery assumption changes, client or third-party modifications, or out-of-scope variation requests.
8. Privacy, liability, termination and law
8.1 EBA handles personal information in line with applicable Australian privacy law and EBA’s Privacy Policy.
8.2 Nothing in these Terms excludes, restricts, or modifies rights that cannot be excluded under Australian law, including the Australian Consumer Law.
8.3 To the maximum extent permitted by law, EBA is not liable for indirect or consequential loss, including loss of profit, revenue, opportunity, goodwill, or reputation.
8.4 To the maximum extent permitted by law, EBA’s total aggregate liability is capped at the total fees paid, or payable, under the relevant quote or proposal.
8.5 Either party may terminate for material breach not remedied within 10 business days after written notice.
8.6 Either party may terminate for convenience with 14 days written notice, unless a different notice period is stated in the quote or proposal.
8.7 These Terms are governed by the laws of Victoria, Australia. Parties submit to the non-exclusive jurisdiction of Victorian courts.
Schedule 1: Model My EBA (Product Service)
9.1 Purpose: convert nominated agreement inputs into a transparent, configurable labour cost model output.
9.2 Typical inputs: nominated agreement PDFs, required intake fields, and optional supporting files.
9.3 Typical deliverables (as quoted): model workbook, evidence and assumptions register, summary and user guide outputs.
9.4 Boundary: this is modelling and analytics based on assumptions and source material, not legal advice or compliance certification.
Schedule 2: Benchmark My EBA (Product Service)
10.1 Purpose: provide high-level comparative labour cost analysis between a baseline agreement and nominated comparators.
10.2 Typical inputs: baseline agreement plus selected comparator agreements and/or award references, as quoted.
10.3 Typical deliverables (as quoted): benchmark summary report and supporting comparison tables or workbook.
10.4 Boundary: benchmark is comparative modelling, not a statement of competitor bid pricing, margins, productivity, or legal compliance outcome.
Schedule 3: Bespoke consulting or modelling services
11.1 Purpose: tailored services where Product Services do not meet your requirements.
11.2 Scope and deliverables are defined per proposal, including any milestones, acceptance criteria, and commercial terms.
11.3 Variations to bespoke scope are handled via revised proposal or written variation approval.
11.4 Rectification period: 30 days from delivery unless otherwise stated in the accepted proposal.