STANDARD TERMS AND CONDITIONS FOR SUPPLY OF SERVICES 1 INTERPRETATION In this document the following words shall have the following meanings:
“Customer” means any person who purchases Services from the Supplier;
“Supplier” means Xtreme Marketing Pty Ltd trading as Xtreme Marketing of 2/67 Hardware Lane, Melbourne, Victoria 3000;
1.3 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2 GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the supply of Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
3 PRICE AND PAYMENT
3.1 Payment of the price shall usually be paid in instalments of 50/25/25 upon accepting the formal proposal for marketing services and by contract or Service Level Agreement terms as applicable. Payment can be made by cash, electronic bank transfer or by cheque. Payment in arrears will be by prior agreement only.
3.2 There will be a separate charge for translated documentation including website content, brochures and any additional marketing material that is requested.
3.3 The Supplier will send an electronic report to the customer where necessary. If any further copies are requested, in any format, there will be an administration charge.
3.4 The Supplier reserves the right to modify, update or run promotions on any service at any time. The Supplier reserves the right to change the price of any service at any time. Once a service has been ordered, the price shall remain fixed for the Customer. Under no circumstances shall the Supplier refund the difference should the price of that service decrease.
4 CUSTOMER’S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
4.1 Co-operate with the Supplier;
4.2 Provide the Supplier with any information reasonably required by the Supplier;
4.3 Keep the supplier notified of their correct name, postal address and any phone, fax or e-mail information.
4.4 Comply with such other requirements as agreed between the parties.
4.5 Comply with all other statutory requirements – particularly in regards to data protection and confidentiality.
5 SUPPLIER’S OBLIGATIONS
5.1 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
5.2 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects at the point of dispatch.
5.3 Delivery of marketing material will be within 14-21 working days of receipt of the application and payment unless otherwise agreed by contract/Service Level Agreement. Delivery of results will generally be within 30 working days.
6 LIMITATION OF LIABILITY
6.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury. However the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Services.
6.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
6.3 The Supplier cannot accept liability for items lost in the post en route to XTREME MARKETING AUSTRALIA.
7 CANCELLATIONS Returns/refunds policy:
Where a Customer cancels their order of service after the signing of the contract/service level agreement any content or material created must be returned or destroyed from either party if asked to do so. As work as commenced on the project XTREME MARKETING AUSTRALIA will not be liable for any refunds up to the stage where it is at.
8 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
9 XTREME MARKETING AUSTRALIA’s INTELLECTUAL PROPERTY
All contents created and produced by XTREME MARKETING AUSTRALIA may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means without the prior express written permission of XTREME MARKETING AUSTRALIA. Format and layout of any marketing material is the property of XTREME MARKETING AUSTRALIA.
10 COPYRIGHT
Any marketing material provided may only be used in the format in which the Supplier issues them, be it written form on paper, provided in an electronic format or in any other medium. Marketing material may not be used in any other format other than that supplied. Customers may not at any time, without prior written permission of the Supplier, make copies or reproductions (in whatever form) of the materials. Where any such copy is considered reasonably necessary, the Supplier will provide written permission.
11 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
12 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of Australia and the parties hereby submit to the exclusive jurisdiction of the Australian courts. DISCLAIMER Xtreme Marketing Australia (www.xtrememarketing.com.au) regularly use links to direct users to additional or related information on other websites. These websites are not under the control of Xtreme Marketing Australia and we are not responsible for the content of these sites. Other websites are linked or listed as a convenience only and should not be seen as an endorsement of any kind. We cannot guarantee that these links will work all of the time and have no control over the availability of the linked pages. Registered Address: Xtreme Marketing PTY LTD, 2/67 Hardware Lane, Melbourne, VIC, Australia 3000 Company No 632 089 555 Company registered in Australia Rev Date March 6th 2019.
