This document defines the terms and conditions of our working relationship. Unless otherwise agreed to in writing by both parties, the terms of this Agreement will commence on the date of acceptance of this proposal and completion of the booking form (if book form required).
All services that What’s On 4 (Easy Peasy Pty Ltd) may be contracted to produce or provide for the client will be subject to the following.
Agreement and Scope Period
1.1 Services supplied, costs and rates are limited to what is specifically set
1.2 The Advertising Contract will come into force on the completion of the booking form (unless specified by email correspondence) and will remain in force until it is concluded. Any additional services will require an additional agreement. We reserve the right to adjust our service and rates after this period.
Fees & Payment
Changes and additions outside the scope of this document will be quoted and invoiced to the client. The client will be advised of all costs, changes and additions before the commencement of the additional work.
2.1 Payment of the advertising shall be made by you to us via direct bank transfer made within 7 days of your submission of the Booking Form and the invoice been sent.
2.2 The client will be required to pay a non-refundable deposit of 30% of the project cost before commencement of work. Unless otherwise specified, all subsequent balances are due upon project delivery
2.3 If the client fails to pay an invoice, What’s On 4 reserves the right to withdraw the content or refuse completion and/or delivery of work until the last due balances are paid. All materials or property belonging to the client, as well as work performed, may be retained as security until all claims against the client are satisfied.
2.4 We will charge a late payment fee of 5% per week on the outstanding amount. The client is responsible for any debt collection fees that may be incurred.
2.5 In the event of cancellation of the project prior to completion the client must pay us a fee for work completed, based on the contract price and the expenses already incurred.
2.6 The payment of the Advertising Charge and must be made in Australian dollars.
3.1 What’s On 4 will not disclose to any third party or use, other than the purposes of this agreement, any knowledge or information imparted to or obtained by it during or in connection with the fulfilment of this agreement, which is of a confidential nature relating to business equipment, processes, products, services or business strategies offered or employed by the client.
4.1 What’s On 4 reserves the right to assign subcontractors or external suppliers to the project. Any subcontractors or external suppliers will be bound by the terms of this agreement.
5.1 The client is responsible for all trademark, service mark, copyright and patent infringement clearances. The client is also responsible for arranging, prior to publication, any necessary legal clearance of materials provided to What’s On 4 for this project. The client indemnifies What’s On 4 against any loss or damage arising directly or indirectly from any unauthorised use of photographs, text, or other Intellectual Property not under copyright ownership of the client.
The Advertising Services
6.1 We will provide the Advertising Services to you as described in the relevant section of the Booking Form or via email correspondence.
6.2 You shall provide the Content to us in the form prescribed in the Booking Form to enable us to provide the Advertising Services.
6.3 Where you submit Content or authorise the submission of Content to us, that submission shall be deemed by Us to be a request by you for the publication and use of that Content for the provision of the Advertising Services.
7.1 You shall ensure that the Content and the information or services made available through Our Websites is accurate, up to date and not misleading.
7.2 You shall ensure that the Content complies with the requirements of all relevant legislation for the time being in force or applicable to Australia.
7.3 We shall have no liability whatsoever for the accuracy of or representations made as part of the Content or any information or services made available through Our Websites.
7.4 You shall fully indemnify us against any claims, actions, or proceedings made or raised against us in respect of the Content or any information or services made available through Our Websites.
8.1 All text must be supplied in digital format (i.e word document).
8.2 Graphics and photographs are to be supplied in digital format to What’s On 4. Larger files will incur an extra cost due to increased time in Processing.
8.3 All logos and branding must be provided in an industry-standard format (preferences are JPG, PNG or EPS).
Limitation of Liability
9.1 The services and the work product of What’s On 4 are sold “as is”. In all circumstances, the maximum liability of its Designers, Directors, Officers, Employees, Design Agents and Affiliates to the client for damages for any and all causes whatsoever, and the client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net cost of this project as specified in this Agreement. In no event shall What’s On 4’s be liable for any lost data or content lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by What’s On 4.
Errors and Omissions
10.1 It is What’s On 4’s responsibility to check carefully for accuracy in all aspects, however, What’s On 4 is not liable for errors or omissions. The client indemnifies What’s On 4 against any loss or damage arising directly or indirectly from any errors and omissions.
10.2 Revisions What’s On 4 will provide two rounds of revisions of content after the submission of content before the website is completed. Extended revisions outside of this scope will be charged at a pre-arranged overtime hourly rate.
Termination of the Advertising Contract
11.1 If, after the expiry of any Service Period, payment of a further Advertising Charge is not made, the Advertising Contract and the provision of the Advertising Services shall automatically terminate.
11.2 If no expiry of the Service Period is applicable the service shall continue whilst Our Website that is applicable continues to be operated.
11.3 We reserve the right to terminate the Advertising Contract and remove the Content and/or Design from Our Websites for any reason.
11.4 We reserve the right to terminate the Advertising Contract and remove the Content and/or Design from Our Websites without providing a refund of the Advertising Charge to you if, in our reasonable opinion, your conduct, the Content or Your Website has brought or would bring us or any other customer of ours into disrepute if we continued to provide the Advertising Services.
12.1 What’s On 4 shall not be deemed in breach of this Agreement if What’s On 4 is unable to complete the Services or any portion thereof by reason of fire, earthquake, labor dispute, an act of God, death, illness or incapacity of What’s On 4 or any local, state, federal, national or international law, governmental order or regulation or any other event beyond What’s On 4 (collectively ‘Force Majeure Event’). Upon the occurrence of any Force Majeure Event, What’s On 4 will give notice to the client of its inability to perform or of delay in completing the Service and shall propose revisions to the schedule for completion of the Services.
As used throughout this Agreement:
“Agreement” means the entire content of this Terms and Conditions document, the Proposal document(s), Schedule(s), together with any supplements designated below, together with any exhibits, schedules or attachments.
“Content” means all materials, information, logos, photography, writings and other creative content.
“Copyrights” means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under Australian and International Copyright Law.
“Deliverables” means the services and work product specified in the Proposal to be delivered by What’s On 4 to the Client, in the form and media specified in the Proposal.
“Services” means all services and the work product to be provided to Client by What’s On 4 as described and otherwise further defined in the Proposal.
“Trademarks” means trade names, words, symbols, designs, logos or other devices or designs used in the Final Deliverables.
“Booking Form” means the form submitted by you to us to place an order for the Advertising Services to be provided.
“Intellectual Property Rights” means all existing and future copyright, design rights (whether registered or unregistered), database rights, patents, trademarks (whether registered or unregistered), semiconductor topography rights, plant varieties rights, internet rights/domains names, know-how, confidential information and any and all applications for any of the foregoing;
“Service Period” means renewable periods commencing on the Commencement Date.
“Client” means you, the advertiser.
“us” and “we” means What’s On 4 (Easy Peasy Pty Ltd).