Website Terms and Conditions

 

1. ENGAGEMENT
   1. These terms of service (Terms of Service), together with the above Event Brief (Brief) (together, the Agreement), govern the provision of the Services and Deliverables by Aplenty Pty Ltd (Aplenty, us, we) to the Client (you) for the Event. 
   2. The Agreement commences on the date on which you agree in writing to the terms of the Brief or give us instructions to begin the work set out in the Brief, whichever comes earlier (Commencement Date), and continues until the parties have completed their respective obligations under the Agreement, unless the Agreement ends earlier in accordance with clause 9 (Term). 
   3. The Agreement can only be amended if the parties agree in writing (email to suffice) or otherwise in accordance with clause 2(h).  
   4. The Brief prevails over the Terms of Service in the event of any inconsistency. 
       
2. SERVICES AND DELIVERABLES
   
   1. We agree to supply the Services and Deliverables for the Event.  
   2. We will make one set of revisions to the proposed Menu for the Event as part of our Fees.  We reserve the right to charge for additional changes to the menu.
   3. We are not required to commence the Services and the Event Date will not be secured until you sign the Agreement and make the required payment set out in the Payment Schedule. 
   4. We will not supply the Excluded Services & Deliverables. You agree that the Excluded Services & Deliverables will incur Additional Charge/s. 
   5. We will allow for the Permitted Menu Changes. Further menu changes will incur Additional Charge.
   6. We may engage sub-contractors to perform all or any part of our obligations under this Agreement in our discretion.  
   7. You agree to provide any feedback and approvals requested by us in relation to the Services by the dates required.  If we request feedback or an approval by a certain date and you do not come back to us, we may not be able to supply the Services and Deliverables as listed in the Brief.
   8. If you wish to change the Services and/or Deliverables listed in the Brief (Variations):
      1. You should make your request to us in writing;
      2. Certain requests must be made by the Variations Deadline or we are not able to consider them;
      3. We will notify you by email if we can accommodate the Variations request (we do not guarantee that we can provide all Variations) and advise you of any further service fees, additional third party costs, adjusted delivery times and other relevant terms (Varied Terms); 
      4. We will not commence work on any Variations unless you have agreed to the Varied Terms in writing; and 
      5. We may require you to sign an updated Brief including all Variations.
          
3. OUR RIGHTS
   
   1. You hereby grant us the following rights in relation to the Event:
      1. access to the Event venue during hours reasonably instructed by us; and
      2. any other Additional Rights.
   2. Nothing in this Agreement prevents us from providing similar services to the Services for third parties during the Term.
       
4. OUR STANDARDS
   1. We will supply the Services and Deliverables:
      1. With due care and skill; and
      2. In accordance with all relevant laws and standards that legally apply to Aplenty when supplying the Services and Deliverables for the Event including in relation to the service of food and alcohol.
          
5. CLIENT OBLIGATIONS
   
   1. You agree to:
      1. Supply us with any information, documentation, feedback, approvals, facilities and assistance that we need from time to time by deadlines set by us (Client Obligations);
      2. Follow the terms of this Agreement and pay all invoices on time; and
      3. Be collaborative, easily contactable, open and considerate in your dealings with us, our staff, our contractors and our other representatives.
   2. If you are not able to follow the Client Obligations, the Services may be delayed or negatively impacted, and we are not liable for any Loss you may suffer as a result.
      
       
6. SERVICE FEES, EXPENSES AND PAYMENT TERMS
   
   1. In consideration for the Services, you agree to pay the Fees and Expenses (together, the Estimated Costs).  You also agree to pay any Additional Costs under this Agreement where stated.  
   2. You acknowledge and agree that the Estimated Costs are calculated on the basis of information given to us by you in relation to the Event.  If this information is incomplete or misleading, or you change the Event (leading to an increase in the work required from us), we reserve the right to increase the Estimated Costs accordingly, upon providing you with written notice.
   3. You agree to pay all Fees, Expenses and Additional Charges in accordance with the Payment Schedule, which may include a deposit or initial instalment payment (Deposit). Subject to clause 8(a), the Deposit is non-refundable if you change your mind and do not wish to proceed with the Event. 
   4. We will issue you with valid tax invoices for all charges under this Agreement. All invoices issued prior to the Event Date must be paid in full before the Event Date unless otherwise agreed by us.  If an invoice is not paid prior the Event Date as required by this clause, we may cancel the Services and this Agreement.
   5. You agree to pay all payments due under this Agreement into our nominated bank account set out on our invoices. 
   6. Charges are listed exclusive of GST unless stated.  You agree to pay GST on top of amounts charged to you under this Agreement, where validly stated on our invoice.
   7. You agree that ‘time is of the essence’ when making payments under this Agreement. 
   8. We reserve the right to charge Interest on any and all overdue payments under this Agreement and to refer any debts to a debt collector or solicitor. All costs incurred by us in doing so will be payable by you. 
       
7. INTELLECTUAL PROPERTY & CREDIT
   
   1. You give us a licence to use your IP for the purpose of performing our obligations under this Agreement.  You warrant that our use of your IP will not infringe any third-party intellectual property rights.
   2. As a condition of us entering into this Agreement and providing the Services, you agree: 
      1. To allow us to take and use photographs and videos of the Event, for our self-promotional, marketing or demonstrative purpose (including in awards and pitches); and
      2. That we may use your name and logo as part of any published client list on our website or otherwise.  
   3. You agree to credit us in relation to our Services on the Event in promotional or editorial content, or as otherwise directed by us.
       
8. AUSTRALIAN CONSUMER LAW
   
   1. Nothing in this Agreement restricts, limits or excludes any rights you may have under the Australian Consumer Law or any other law.
   2. If you acquire our Services under this Agreement as a Consumer, they will be supplied in accordance with any applicable Consumer Guarantees. Otherwise, to the full extent permitted by law, we exclude any warranty or condition in relation to services supplied under this Agreement, which would otherwise be implied, including that they will be suitable or fit for any particular purpose.
       
9. LIABILITY AND INDEMNITY
   
   1. You are liable for and indemnify us and our representatives against any Loss or Claim suffered by us or our representatives in respect of any breach of this Agreement by you.
   2. Subject to clause 8(a) and to the extent permitted by law, if you are a Consumer under this Agreement, our liability to you for any Loss or Claim suffered by you in respect of services supplied to you under this Agreement, including in respect of any failure to comply with any Consumer Guarantees, is limited to (at our election):
      1. Resupplying the Services again; or 
      2. Paying the cost of having the Services supplied again.
   3. Subject to clause 8(a) and to the extent permitted by law, neither party is liable to the other party for any kind of Consequential Loss arising out of or in connection with this Agreement.
   4. Subject to clause 8(a) and to the extent permitted by law, we are not liable for any Loss you may suffer in relation to the Services or this Agreement, where the Services are restricted or impacted by a Force Majeure Event.
       
10. CANCELLATION AND ENDING THE AGREEMENT
    
    1. If you wish cancel the supply of the Services the Refund Policy applies.  You agree that any charges under the Refund Policy are not penalties, but a genuine pre-estimate of Loss suffered by us in relation to the cancellation and covers Loss relating to inter alia the work we have already done in relation to the Event, rescheduling of human resources, administration costs, cancelling suppliers, returning equipment, loss of income and bringing forward other clients’ projects.
11. We are permitted to cancel the Services for the Event Date due to a Force Majeure Event, and if we do, we will: 
12. offer to postpone the Services to a date that works for you;
13. if you do not wish to accept a postponement, we will refund you all monies paid at date of cancellation); and
14. we are not liable for any Loss you may suffer in relation to the cancellation.
15. Either party (the Party) may cancel supply of the Services in writing with immediate effect:
    1. If the other party materially breaches this Agreement; and
    2. This cannot be fixed or if it can be fixed, the other party does not fix it within 7 days after the Party gives written notice of the material breach.
16. We may cancel the supply of the Services under clause 6(d) and if we do, we will refund you all monies paid at the date of cancellation although we may firstly set-off any monies owing to us under clause 9(a).
17. If the supply of the Services is cancelled under clause 10, this Agreement will terminate once the parties complete their remaining obligations.
     
18. GENERAL
    1. Capitalised words may be defined in clause 12.1, throughout the body of these Terms of Service or in the Brief.
    2. This Agreement forms the entire agreement between the parties as to its subject matter and changes to this Agreement must be agreed in writing by the parties.
    3. This Agreement will be governed by the laws of New South Wales, Australia. The parties agree that the courts of New South Wales, Australia (or where applicable, the Federal Court of Australia) will have exclusive jurisdiction of this Agreement.
    4. Unless expressly permitted in this Agreement, you must not assign or novate your rights and obligations under this Agreement to another person without our prior written consent. 
    5. Any formal communication required under this Agreement must be in writing (email to suffice, except for any breach notices which must be hand delivered or sent by registered post). 
    6. Each party agrees that it will not disclose the Confidential Information of the other party acquired in relation to this Agreement including our pricing without the party’s consent, except that the Confidential Information may be disclosed to a party’s representatives on a ‘need to know’ basis, to a party’s professional advisors and as required by law. 
    7. If the whole or any part of this Agreement is void, unenforceable or illegal, it will be severed, and the remainder of this Agreement will continue in full.