Terms and conditions

These terms and conditions and the Order Form together form the agreement (“Agreement”) between:

 

Contractor: Magnet-Me ACN 54 619 839 208

 

Client:  The party listed in the Customer Details section of the Booking Form.

 

Background

 

The Contractor takes photographs at functions and prints them on magnets for function attendees to keep. The Client wishes to engage the Contractor to supply the services listed in the Event Information section of the Order Form (“Services”). By completing and submitting the Order Form, the Client agrees to these terms and conditions and agrees to pay the fees in the quote provided by Magnet Me in the Order Form (“Fees”).

 

Definition

  1. Commencement Date” means the date that the Booking Form is completed and submitted by the Client.
  2. Order Form” means the order form available, completed and submitted by the Customer at magnetme.com.au.

Services

  1. The Contractor agrees to supply the Services to the Client in accordance with the terms of this Agreement.
  2. The parties may amend the scope of the Services by written agreement.

Terms of Agreement

  1. The term of this Agreement (“Term”) begins on the Commencement Date and will remain in full force and effect until the completion of the Services, unless terminated earlier in accordance with clauses 9 and 13 to 16.

Payment

  1. In consideration for the Contractor providing the Services to the Client, the Client agrees to pay the Fees to the Contractor.
  2. Where the Commencement Date is more than seven business days before the Services will be provided, the Client must pay to the Contractor:
    • a deposit equal to 30% of the Fees on the date of this Agreement (“Deposit”); and
    • a balance payment equal to the unpaid portion of the Fees on or before the date that is seven business days before the Services will be provided.
  3. Where the Commencement Date is less than seven business days before the Services will be provided, the Client must pay to the Contractor the entire Fees within twenty-four hours of the date of this Agreement.
  4. The Contractor may terminate this Agreement in its absolute discretion by written notice if the Client does not make the payments by the dates required by clauses 7(a) or 8.
  5. The Client acknowledges and agrees that unless and until the payments required by clauses 7(a) or 8 (as applicable) are made, the Contractor is not required to provide the Services.

Ownership of Intellectual Property

  1. All patents, copyrights, inventions, designs, trade marks whether registered or unregistered, and any application or right to apply for a registration of any of the rights listed in this clause (“Intellectual Property”) that is developed or produced under this Agreement, remains the absolute property of the Contractor. To the extent that any Intellectual Property is created by the Client, the parties agree that this Intellectual Property automatically vests in the Contractor and the Client must, if required by the Contractor, take any and all steps to transfer such Intellectual Property to the Contractor. The Client further waives any and all moral rights that it may have in relation to the Intellectual Property.
  2. The Client acknowledges and agrees that images taken as part of the Contractor’s provision of the Services the event may be used for promotional and advertising purposes, including (but not limited to) on the Contractor’s website, and the Client provides its consent to such use. The Contractor will consult with the Client in the event that the Client requests that certain images not be used in (or be removed from) promotional and advertising material on the basis that the images may be personally damaging to anyone.

Termination and amendment of Services

  1. The parties may terminate this Agreement by mutual agreement.
  2. The Client may request the Contractor amend the scope of the Services, and the Contractor agrees to consult with the Client in good faith to agree such changes to the Services, including any changes to the dates and times for performance of the Services. Where the Contractor is not able to provide the Services in accordance with the Client’s requested change, the Contractor may terminate this Agreement, in which case the Client agrees that the Deposit is deemed forfeited to the Contractor.
  3. If at any time while the Contractor is providing the Services, the Contractor or its employee’s or agents, in its absolute discretion, consider that either:
    • the Services are being provided in a manner that may cause danger to any person or property; or
    • the Contractor’s employees feel threatened, harassed or intimidated,

then the Contractor may immediately cease to provide the Services, and any Fees paid are deemed forfeited to the Contractor.

  1. The Contractor may terminate this agreement in its absolute discretion at any time up until the date that is one week before the scheduled provision of the Services. If the Contractor terminates this agreement under this clause, the Contractor will return all Fees or Deposit already paid by the Client as soon as reasonably practicable.

Hiring, Delivery, Work Space and Service

  1. The cost of all delivery, set up and removal of the Contractor’s equipment are included in the Services.
  2. The Client warrants and agrees that the owner of any location in which the Services will be provided has, both at the date of this Agreement and on the date that the Services will be provided, given its agreement to:
    • the Contractor providing the Services in that location; and
    • provide a quiet, secure and private area within the location for the Contractor to provide the Services. In this regard, the Contractor requires space for a table that is 1 metre squared, with close, unobstructed and safe access to a standard Australian power outlet.
  3. Please print and keep safe all terms and conditions.