STANDARD TERMS AND CONDITIONS FOR SUPPLY OF SERVICES
In this document the following words shall have the following meanings:
1.1 “Customer” means any person who purchases Services from the Supplier;
1.2 “Supplier” means Krow Employment Consulting Pty Ltd of 430 Little Collins Street, Melbourne, 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.
2.1 These Terms and Conditions shall apply to the supply of all 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 Prices are set out in the Services Schedule and are subject to change without notice. Once a service has been ordered, the price shall remain fixed for the Customer.
3.2 Payments are to be made to the Supplier, strictly net, without any deduction or discount other than stated herein or in the relevant invoice or statement.
3.3 Payments are to be made within seven (7) days of the date of the invoice unless a credit application has been submitted by the Customer and approved by the Supplier.
3.4 Interest is payable on all overdue accounts calculated on a daily basis at the rate of 2% per month as from the due date for payment until payment is received by the supplier.
4 GOODS AND SERVICES TAX
4.1 Goods and Services Tax (“GST”) is not included in the quoted price.
4.2 The GST is imposed on the Supplier is in respect of goods or services supplied, the Customer must pay the Supplier the amount of such GST in addition to the quoted price.
4.3 The Supplier must give the Customer written notice of the amount of any GST payable under this clause within a reasonable time.
5 CANCELLATION OF SERVICES
5.1 Any request to cancel a service must be submitted in writing by the Customer to the Supplier.
5.2 The Supplier reserves the right to invoice the Customer for all the services provided up to and including the date a request to cancel a service is received by the Supplier.
6 CUSTOMER’S OBLIGATIONS
To enable the Suppliers to perform its obligations the Customer shall:
6.1 Co-operate with the Supplier.
6.2 Provide the Supplier with any information reasonably required by the Supplier.
6.3 Keep the supplier notified of their correct name, postal address, phone, fax or e-mail address.
6.4 Comply with such other requirements as agreed between the parties.
6.5 Comply with statutory requirements.
7 SUPPLIER’S OBLIGATIONS
7.1 The Supplier will perform the services with reasonable skill and care and to a reasonable standard in accordance with recognized standards and codes of practice.
7.2 Services will be delivered by a due date or service milestone agreed to by the Supplier and Customer.
7.3 Comply with statutory requirements
8 SERVICE GUARANTEE
8.1 If a service is not delivered by the agreed due date or service milestone, there will be no charge for that service.
8.2 If a service does not meet the requirements specified in a referral or service request, the Supplier will take reasonable steps to amend the service to Customer requirements at no extra cost.
9 LIMITATION OF LIABILITY
9.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury. However, the Supplier not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of negligence, breach of contract or otherwise in excess of the price of the services.
9.2 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.
10 DISPUTE RESOLUTION
Any dispute arising out of or in connection with any service shall be settled by amicable negotiation with the Supplier. Should attempts at amicable negotiation fail, any such dispute shall, upon written request be referred to mediation through ADR process.
11 INTELLECTUAL PROPERTY
All intellectual property and tools used to provide a service are protected under copyright and cannot be copied, used or reproduced without the written consent of the Supplier.
12 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.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforcable 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 unenforcable provision eliminated.
14 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.
15 NOTIFICATION OF CHANGES
The Supplier reserves the right to change these Terms and Conditions. Any changes will be advised on the Suppliers website. All Customers will be given 30 days notice of any changes and referred to the Supplier’s website for details. Any changes will only effect services that are referred on or after the commencement date.
These terms and conditions form part of the agreement between the Customer and the Supplier. Referral for a service indicated the Customer understands, agrees to and accepts the full Terms and Conditions contained herein.