Emba ConsultingThis page is a working draft.
These engagement terms are a plain-English draft prepared for review by Emba's legal adviser. They are not yet in force and do not form a binding contract. Where an engagement is under way, the terms that apply are those set out in the signed services agreement, assignment confirmation or work order for that engagement.
Who these terms cover
They cover two groups: clients who engage Emba for business analysis, advisory or specialist talent (labour hire), and the candidates and contractors Emba represents to, or places with, a client.
These general terms sit alongside the specific written agreement for each engagement. Where a signed engagement document and these terms differ, the signed engagement document prevails.
Our services
Emba Consulting Pty Ltd (ABN 43 684 216 706) provides business analysis, technology advisory, security-aware delivery support and specialist talent.
Engagements and assignments
- Each engagement is confirmed in writing before work starts. An assignment confirmation or work order sets out the role, rate, term, location and any client-specific conditions.
- Emba does not represent a candidate to a client without the candidate's consent, and does not commit a contractor to an assignment without their agreement.
- Changes to an engagement are agreed in writing between the parties.
Rates, invoicing and payment
Contractors engaged through their own company invoice Emba against approved timesheets and add GST where registered. Candidates engaged as PAYG employees are paid through Emba's payroll with tax and superannuation handled by Emba. Rates, payment terms and approval steps are those set in the engagement document.
Timesheets and approvals
Work performed is recorded on timesheets approved by the client before invoicing. External submissions, invoices and pay runs move only after a human approval step, in line with Emba's operating model.
Confidentiality and data
Client information, candidate details and commercial context are handled with care and used only where there is a legitimate business purpose. How Emba collects, uses and retains information is described in the privacy summary.
Work health and safety
Client and Emba share duties for a safe workplace under applicable work health and safety law. Contractors and employees on assignment follow the safety requirements of the client's site.
Consent comes first.
Registering or expressing interest does not authorise blanket submission. Emba reviews suitability first and represents a candidate to a client only with that candidate's consent. Consent can be withdrawn at any time by contacting hello@emba.au or through the candidate portal.
Candidate details are not sold and are not circulated to build speculative shortlists.
Warranties and liability
Emba provides its services with reasonable care and skill. To the extent permitted by law, liability is limited as set out in the engagement document. Nothing in these terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, including consumer guarantees under the Australian Consumer Law.
Term and termination
An engagement runs for the term stated in its engagement document. Either party may end an engagement in line with the notice and conditions set out in that document. Amounts properly payable for work already performed remain due.
Governing law and updates.
These terms are intended to be governed by the laws of Victoria, Australia, with the parties submitting to the courts of that jurisdiction. The precise governing-law wording will be confirmed on legal review.
Emba may update these terms from time to time. The version that applies to an engagement is the one in effect when the engagement is confirmed. Questions about these terms can be sent to hello@emba.au.
This page is a plain-English draft summary of intended engagement terms. Formal legal wording and any binding terms must be reviewed and settled by Emba's legal adviser before they are relied on.