Terms of Service
AZAMAN ANALYTICS
Effective Date: June 2024
Operating Entity: Adnan Zaman trading as Azaman Analytics
ABN: 4365 1839 030
Email: adnan.zaman@azamananalytics.com
Mobile: 0409 066 634
1. INTRODUCTION & ACCEPTANCE
These Terms of Service ("Terms") govern the provision of enterprise data architecture, operational finance consulting, and all related services ("Services") provided by Adnan Zaman, trading as Azaman Analytics ("Consultant", "we", "us", or "our"), to the client engaging the Services ("Client", "you", or "your").
By executing a Statement of Work (SOW), accepting a formal proposal, or instructing us to commence work, the Client agrees to be bound by these Terms. These Terms, together with any SOW, constitute the entire agreement between the parties.
2. NATURE OF THE RELATIONSHIP
2.1 Independent Contractor Status: Azaman Analytics operates exclusively as an independent enterprise contractor. Nothing in these Terms shall be construed to create an employer-employee, partnership, or joint venture relationship.
2.2 Zero Employment Friction: As an independent B2B contractor operating under an active Australian Business Number (ABN), the Consultant is solely responsible for all personal income tax, superannuation, and other statutory obligations. The Client is not liable for PAYG withholding, payroll tax, or employee entitlements.
2.3 Global Mobility & Remote Execution: The Consultant is a dual citizen of Australia and Bangladesh. All Services are delivered 100% remotely and natively synced to Australian Eastern Standard Time (AEST), regardless of the Consultant’s physical global coordinates during the time of execution.
3. SCOPE OF SERVICES & DELIVERY
3.1 Engagement Models: Services may be provided under various engagement models, including but not limited to:
● Diagnostic / Wedge Projects: Fixed-fee, short-term architectural audits.
● Fractional Enterprise Architecture (Retainers): Ongoing monthly strategic consulting.
● Milestone-Based Pipeline Engineering: Fixed-term coding and deployment (e.g., Python/SQL automation).
● Strategic Day-Rate Consulting: Long-term organizational integration and staff augmentation.
3.2 Statements of Work (SOW): The specific details of each engagement, including deliverables, timelines, and fees, will be outlined in a separate SOW or formal written proposal prior to commencement.
4. FINANCIAL TERMS & INVOICING
4.1 Fees: All fees for Services will be specified in the applicable SOW and are quoted in Australian Dollars (AUD) unless explicitly stated otherwise (e.g., USD or GBP).
4.2 Goods and Services Tax (GST): Where applicable under Australian law, GST will be added to the quoted fees.
4.3 Payment Terms: * Retainers: Invoiced on the 1st of each month, payable strictly within 7 days.
● Milestone Projects: Invoiced according to the payment schedule in the SOW (typically 50% upfront, 50% upon deployment/UAT).
● Day-Rate Consulting: Invoiced fortnightly or monthly, payable strictly within 14 days.
4.4 Late Payments: Azaman Analytics reserves the right to pause all execution and withhold the delivery of final code, architectures, or reports until all outstanding invoices are cleared in full.
5. CONFIDENTIALITY & DATA GOVERNANCE (CPS 234 ALIGNMENT)
5.1 Protection of Information: The Consultant acknowledges that they will have access to highly sensitive financial, treasury, and proprietary data. The Consultant agrees to hold all Client data in the strictest confidence and use it solely for the purpose of executing the agreed Services.
5.2 APRA & Regulatory Compliance: Azaman Analytics designs architectures specifically to assist Clients with regulatory compliance (e.g., BASEL III, IFRS, APRA Connect). However, the Client acknowledges that the ultimate legal and fiduciary responsibility for statutory submissions and Information Security (CPS 234) remains entirely with the Client’s Board and C-Suite.
5.3 Use of Automation & AI Tools: In the engineering of SQL/Python pipelines, the Consultant utilizes advanced proprietary frameworks, automation software, and Artificial Intelligence (AI) orchestration tools. The Consultant guarantees that no raw, identifiable Client data (PII) or sensitive financial figures are fed into public AI models. All AI orchestration is restricted purely to structural syntax generation and algorithmic logic.
6. INTELLECTUAL PROPERTY (IP)
6.1 Client Ownership: Upon receipt of full payment, the Client shall retain full ownership of the final, bespoke deliverables (e.g., specific Python scripts, SQL architectures, or analytical reports) created specifically for their operational environment.
6.2 Consultant’s Pre-Existing IP: The Consultant retains all rights to their pre-existing methodologies, analytical models, baseline code libraries, and strategic frameworks used to deliver the Services. The Client is granted a perpetual, non-exclusive license to use these underlying elements only as they are incorporated into the final deliverables.
7. WARRANTIES & LIMITATION OF LIABILITY
7.1 Standard of Care: The Consultant warrants that all Services will be performed with the high degree of skill, care, and diligence expected of a Tier-1 Enterprise Data Architect.
7.2 No Absolute Guarantee: While our architectures are rigorously tested (UAT) to mathematically reconcile data, Azaman Analytics does not guarantee that the Client will pass every regulatory audit, as enterprise environments are subject to variables outside the Consultant's control.
7.3 Liability Cap: To the maximum extent permitted by Australian law, the total liability of Azaman Analytics (whether in contract, tort, or otherwise) arising out of or in connection with the Services shall be strictly limited to the total amount of fees paid by the Client for the specific Service giving rise to the claim in the three (3) months preceding the event.
8. TERMINATION
8.1 Notice Period: Either party may terminate a retainer or day-rate engagement by providing written notice as specified in the applicable SOW (typically 14 or 30 days).
8.2 Immediate Termination: Azaman Analytics may terminate the agreement immediately if the Client fails to pay invoices when due or severely breaches confidentiality or data governance protocols.
8.3 Effect of Termination: Upon termination, the Client must immediately pay for all Services rendered and work-in-progress completed up to the date of termination.
9. GOVERNING LAW & JURISDICTION
These Terms and any engagements executed under them shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. Both parties submit to the exclusive jurisdiction of the courts of New South Wales.
End of Terms of Service.