Terms and Conditions of Business
By issuing a Purchase Order you will agree to retain Paper Plane Innovations Facilitators Pty Limited ABN 98 105 484 491 to provide the services described in the quotation dated 12th September 2005 on the following terms and conditions:
We will charge you the fees as set out in the Quotation (exclusive of GST) or as otherwise advised in writing to you for the provision of our services together with all related expenses including any travelling costs, hotel accommodation and meals reasonably incurred.
Our accounts are payable as follows: 50% of the fees seven (7) days in advance of the scheduled services date and 50% on the seventh day after the date of our invoice (“the due date”). All invoices outstanding more than seven days after the due date shall carry interest at 4% above Commonwealth Bank’s base lending rate from time to time on a monthly accumulative basis.
Unless it has been specifically included in the Proposal, the cost and expense of any graphic work, designer work, or copywriting will be at an additional cost.
GST will be charged as applicable.
We undertake to maintain confidentiality of all information you provide. We will not disclose details to any third party except as required by law or where we employ sub-contractors to carry out any of the services and then only on condition that we impose a corresponding confidentiality obligation on that subcontractor.
All trademarks, patent, design rights, copyright or other intellectual property created by us in the course of delivering our services shall at all times remain our property. The output captured from the contributions of the participants on the day will remain your property.
We shall not be required to produce, print or publish or promote in any way any matter which in our opinion is or maybe of an illegal or libellous nature or otherwise engage in any infringement of proprietary or other rights of any third party or of any code of practice or Act of parliament.
If any of our personnel are required to attend your premises or other premises you must maintain adequate insurance cover in respect of any injury, accident or death which might result and provide evidence of such cover on request.
A cancellation fee will be payable by you within seven (7) days of demand if you cancel the scheduled services detailed in the Proposal within two months of its scheduled commencement as follows:
(i) Cancellation 22-28 days prior to scheduled commencement incurs a cancellation fee of 25% of the total fee.
(ii) Cancellation 15-21 days from the scheduled commencement incurs a cancellation fee of 50% of the total fee; and
(iii) Cancellation within 14 days of the scheduled commencement incurs a cancellation fee of 100% of the total fee.
Notwithstanding the above, if we are able to re-sell those dates to other clients, after receiving notification of the cancellation, no cancellation fee will be incurred and any cancellation fee paid will be refunded.
The cancellation of scheduled services within the above periods will cause us loss and damage because confirmed services times may not be resold. Accordingly, the cancellation fees represent a genuine pre-estimate of the loss to us caused by cancellation.
We may cancel our contract with you at any time before the session for which services are being provided by giving you written notice. We shall then promptly repay to you any sums paid in advance for our services less any costs and expenses we have reasonably incurred. We shall not be liable for any loss or damages whatever arising from such cancellation.
In addition to the above rights of cancellation, the performance of this contract is subject to cancellation by us or such variation as we may find necessary as a result of inability to secure labour, materials or suppliers or as a result of any act of God, war, strike, lock-out or other industrial dispute, fire, flood, drought or legislation or other cause beyond our control.
We shall be under no liability for any consequential loss, damage or expenses of whatever kind or however caused (including loss of profits) which you may suffer as a result of the provision of our services whether or not arising out of a breach by us of our contract with you or by reason of our negligence. In particular, the results of all decisions made in any session for which our services have been provided shall remain your responsibility.
These terms and conditions of business shall apply to our contract with you for the provision of services detailed in the Proposal or otherwise supplied to you. They shall be to the exclusion of all other terms and conditions and any variations must be agreed between us in writing.
Whilst your acceptance of our proposal, order for our services or other agreement, or your continuing instructions will amount to your acceptance of these terms of business, we should ask you to sign, date and return the enclosed copy so we can be confident that you understand the basis on which we are providing our services to you.