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1.1 “Partnership” shall mean Gary & Christine Neate, trading as “Boardroom Innovations”
1.2 “Client” shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on any invoice, quotation, or other form as provided by the Partnership to the Client.
1.3 “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Client on a principal debtor basis.
1.4 “Services” shall mean all Services supplied by the Partnership to the Client, and areas described on the invoices, quotations, work authorisation or any other forms as provided by the Partnership to the Client.
1.5 “Price” shall mean the price payable for the services as agreed between the Partnership and the Client in accordance with clause 4 of this contract.
2.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
3.1 Any instructions received by the Partnership from the Client for the supply of Services supplied by the Partnership shall constitute acceptance of the terms and conditions contained herein.
3.2 Where more than one Client has entered into this agreement, the Clients shall jointly and severally liable for the payments of the Price.
3.3 Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent of the Partnership.
3.4 The Client shall give the Partnership not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client or any change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or business practice). The Client shall be liable for any loss incurred by the Partnership as a result of the Client’s failure to comply with this clause.
3.5 The Client acknowledges that the provision of services will not begin until the Partnership receives written confirmation from the Client.
4.1 At the Partnership’s sole discretion the Price shall be either:
(a) as indicated on invoices provided by the Partnership to the Client in respect of Services supplied; or
(b) the Partnership’s quoted Price (subject to clause 4.2) which shall be binding upon the Client provided that the Client shall accept the Partnership’s quotation within thirty (30) days.
4.2 The Partnership reserves the right to change the Price in the event of a variation to the Partnership’s quotation.
4.3 At the Partnership’s sole discretion a deposit may be required.
4.4 At the Partnership’s sole discretion:
(a) payment shall be due on completion of services; or
(b) payment shall be due on a weekly instalment basis for longer term assignments – i.e. payment due immediately after each week’s work is completed.
4.5 Time for payment for the Services shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.
4.6 Payment will be made by EFT, cash, cheque, bank cheque, or by any other method as agreed to between the Client and the Partnership. Payment may only be made by credit card (plus a surcharge of up to 2.5% of the Price), when that payment method is allowed by the Partnership.
4.7 GST and other taxes and duties that may be applicable shall be added to the Price, except when they are expressly included in the Price.
5.1 Interest on overdue invoices shall accrue daily from the due date for payment, until the date of payment, at a rate of 2.5% per calendar month.
5.2 If for any reason a Client’s payment is dishonoured, the Client shall be liable for any dishonour fees incurred by the Partnership.
5.3 If the Client is in default of any payment due, the Client shall be liable for all costsand disbursements incurred by the Partnership in pursuing the debt, including legal and collection agency costs.
5.4 If at any time the Client is in breach of any obligation (including those relating to Payment), the Partnership may suspend or terminate the supply of services to the Client and any of its other obligations under the terms and conditions. The Partnership will not be liable to the Client for any loss or damage the Client suffers because the Partnership has exercised its rights under this clause.
5.5 If any account remains overdue after 30 days then an amount of ten percent (10.00%) of the amount overdue shall be levied for administration fees which will be immediately due and payable.
6.1 The Client and/or the Guarantor/s agree for the Partnership to obtain credit report information from a credit reporting agency, in relation to the Client and Guarantors.
6.2 The Client and/or the Guarantor/s agree that the Partnership may exchange information about the Client /and or Guarantors, with credit providers named as trade referees by the Client., for the following purposes:
to assess an application by the Client.
to exchange information with other credit providers as to the status of this credit account.
to assess the credit worthiness of Client and/or Guarantor/s.
7.1 The above terms and conditions and any contract to which they apply shall be governed by the laws of Victoria and are subject to the jurisdiction of the courts of Victoria.
7.2 The Partnership shall be under no liability to the Client for any loss of profit suffered by the Client, arising out of a breach by the Client of these terms and conditions.
7.3 The Client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by the Partnership.
7.4 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm, or other event beyond the reasonable control of either party.
7.5 The failure by the Partnership to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Partnership’s right to subsequently enforce that provision.