1. Definitions

“The Firm” is hereinafter defined as “the Firm, the Franchisor, their bodies corporate, their authorised third parties and permitted assigns”.

“The client” in this document is hereby defined as “the person, firm, company, entity or corporation that is bound by these terms”.

“Service” is hereby defined as “an act, deed, duty or labour done by the Firm under the direction and control of the client for monetary compensation” in this document.

“Hire” is hereby defined as “a bailment, where a monetary compensation is given to the Firm for the temporary use of a thing for the agreed time, by the client” in this document.

“Dry Hire” is hereby defined as “a bailment, under the exclusive direction and control of the client” in this document.

“Wet Hire” is hereby defined as “a bailment, combined with the services of the Firm to operate the equipment” in this document.

“Repair” is hereby defined as “maintenance, repair and replacement of the client’s equipment, parts, hardware and software in accordance with the client’s request and consent, to the equipment’s operational intention and purpose” in this document.

“Fair Wear and Tear” is hereby defined as “the normal deterioration of the equipment caused by the reasonable use of the equipment” in this document.

2. Payments

a) The Firm requires credit card details in order to confirm a booking for cancellation purposes, rescheduling, or any damage caused to any of the Firm’s equipment, any additional charges, and etcetera.

b) Repair charges are based on the cost of labour, goods and replacement parts as of the date of the agreement.

c) The following is regarding EFT and credit card payment:

(i) All payments, (deposits included) are NON-REFUNDABLE.

(ii) Full payment via EFT (Direct Bank Deposit), PayPal or credit card is due fourteen days prior to the date that the service is required. If complete payment is not received by then, the Firm reserves the right to withhold the service. Deposit payments will not be refunded. The Firm will not be responsible for the inconvenience or misfortune caused by the failure to deliver the service.

(iii) Any full payments paid via credit card/PayPal or Direct Bank Deposit received later than the required fourteen days prior to the date that the service is required allows the Firm to change their work schedule without notice beforehand.

d) The following is regarding cash payment:

(i) If complete cash payment is not made before the commencement of the service, the Firm reserves the right to withhold the service without due notice. In this situation, the client will be liable to pay the Firm for the service regardless. The Firm will not be responsible for the inconvenience or misfortune caused by the failure to deliver the service.

e) The Firm reserves the right to make changes to the payment method and payment due date to reflect any changes arising from:

(i) any change in the collection time or time upon which the service is required by the client

(ii) any delay caused by other instructions of the client

(iii) failure of the client to give adequate information, notice, instructions, relevant access, etcetera

(iv) any delay caused by reasons beyond the Firm’s control, including but not limited to failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries

(v) any suspicion without prejudice to any other rights or remedies available to the Firm against the client that the client may seek non-fulfilment or breach of the contract

without due notice. The Firm will not be responsible for the inconvenience, cost or misfortune incurred by changes to the payment method and payment due date.

3. Fees Payable

a) The Firm reserves the right to change the prices of goods and services at any time without notice.

b) The Firm may request a deposit payable by the client at the time of acceptance by the client of the quotation or at the time when any booking is accepted by the Firm. Without prejudice to any other rights or remedies available to the Firm against the client, the Firm shall be entitled to retain such deposit. This and any other payments made prior to the date that the service is required (part or full) are non-refundable.

c) The Firm reserves the right by giving notice to the client at any time, to increase the charges to reflect any increase in the cost to the Firm arising from:

(i) any change in the collection time or time upon which the service is required by the client.

(ii) any delay caused by other instructions of the client.

(iii) failure of the client to give adequate information, notice, instructions, relevant access, etcetera.

(iv) any delay caused by reasons beyond the Firm’s control, including but not limited to failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.

d) In addition to the price for goods or replacement parts, the client will also need to pay the advertised delivery charge (if any).

e) If the Firm agrees to deliver goods outside of Australia, International Delivery Charges will apply. International Delivery Charges, applicable to the client’s relevant country, will apply.

f) By placing a booking, the client agrees to pay the price for the goods and services, any delivery charge, any additional delivery charge and any International Delivery Charge.

g) All prices and delivery charges, additional delivery charges and International Delivery Charges quoted, unless otherwise stated, are in Australian dollars and are inclusive of GST.

h) If a repair is required urgently, a rush fee can be charged upon request of the client in order to receive the repair service sooner. A rush fee per item may apply and are non-refundable.

i) In the event of the client’s failure to collect property after receiving notification a storage charge may apply.

4. Additional fees payable under this agreement shall be calculated as follows:

a) For the late return of hire equipment and essential items, a daily penalty shall be payable for each day that the equipment is not returned. This is equal to the cost of a full day(s) hire for each day the equipment is not returned, with an added penalty of 15%. This can be taken out of the bond or the credit card and any other means. Any accessories (including but not limited to leads, carry cases, stands, boxes and bottles) and non-essential items need to be returned within a three day gestation period of the date that the equipment is required to be returned. After which the full cost of the accessories and an administration fee will be charged out of the bond or the credit card and any other means.

b) For returns or pick ups conducted outside of the Firm’s office hours, a penalty shall be payable for each fifteen minutes, proportionate to the cost of the service. This can be taken out of the bond or the credit card and any other means.

c) A sum equal to the manufacturer’s retail price of any part of the hire equipment lost or stolen for which the client is liable under this agreement. This can be taken out of the bond or the credit card and any other means.

d) The cost of repairs to the hire equipment for which the client is liable under this agreement. This can be taken out of the bond or the credit card or any other means.

e) All costs incurred by the client for loss or damage to equipment can be taken out of the bond or the credit card and any other means. If this fails, the client will be invoiced with a seven day gestation period. If the invoice is not paid by the client in full by the due date a daily penalty shall be payable for each day until all charges are paid. This added penalty is equal to 15% of the total amount owing.

f) In the event that the client’s booking requires to be postponed, each case will be evaluated and possibly rescheduled at the discretion of the Firm. This may incur a rescheduling fee starting from 50% of the cost of the service, and any additional fees and is subject to availability of goods and services.

g) The expenses of the Firm, legal (such as but not limited to lawyers, debt collectors, background checks and court costs), civil claim interest ordered, administration fees, warrant fees and etcetera, occasioned by the client’s breach of this agreement. This can be taken out of the bond or the credit card or any other means.

h) In the event that the client seeks a chargeback against the Firm, the Firm reserves the right to resist the chargeback. The expenses of the Firm, legal (such as but not limited to lawyers, debt collectors, background checks, court costs and etcetera), the chargeback, administration fees, the cost to resist the chargeback and any additional costs (including but not limited to any additional fees, interest incurred and etcetera) will be incurred by the client.

5. Expectations of the Client & Client Conduct

a) The Firm does not tolerate violent, aggressive or abusive behaviour from anyone under any circumstances. The Firm reserves the right to terminate their services at any time they feel their personal safety is under threat.

b) The client agrees to pay the total additional fees and to observe the terms and conditions contained in this agreement.

c) The client agrees to take responsibility for equipment provided by the Firm as part of the service for the agreed period.

d) All hire equipment shall remain the property of the Firm and is provided to the client solely on a bailor for reward basis.

e) The client shall not permit any persons to use the dry hire equipment other than themselves, such as family, friends, staff members or other persons, or not sublease all or any part of the equipment without the express written permission from the Firm. Lighting, sound and any other equipment must not be used by other entertainers or by any other person(s) except with the written permission of Firm management prior to the event.

f) The client shall not allow the hire equipment to be affixed to any premises and shall deal with the equipment in such a manner as to protect the title of the Firm to the equipment.

g) The client shall not utilise the hire equipment for any outdoor performances without first obtaining written consent from the Firm.

h) The client agrees to allow the Firm to have full access to the hire equipment at any time, having given reasonable notice to the client.

i) It is up to the client to ask any relevant questions on the working instructions of the equipment, if not it shall be conclusively presumed as between all parties that the client has full knowledge on how to use the equipment.

j) The client must make note that any batteries or chargers provided by the Firm are offered as a mere courtesy with the equipment. The Firm does not guarantee that they are fully functional or will definitely work. The client is responsible for the equipment.

k) Upon request, the client may check all equipment before entering into a booking.

l) The Firm strongly recommends that every client dry hiring equipment from the Firm should possess a thorough understanding of the equipment.

m) It is the responsibility of the client to make sure that the necessary permissions and licenses, such as performing rights licenses, are in place and for ensuring the safety and security of the equipment.

n) For atmospheric effects, including but not limited to smoke machines, bubble machines, confetti and snow machines, it is the client’s responsibility to ensure that they have the relevant permission from the venue for use of these services. Should there be any additional charges for the cleaning up of the discharge from these machines, this is to be stood by the client.

o) The client is responsible for ensuring adherence to all health and safety regulations, fire controls and first aid obligations that any other equipment provided by the client and utilised with the equipment provided is up to the required standard for so utilising.

p) It is the responsibility of the client to make sure that there is a suitable location for setting up the equipment and an adequate power supply.

6. Event Conduct & Venue Specifications

a) The Firm requires adequate time, as determined by the Firm, to enter a venue and set up prior to the start time and also a similar time allowance at the end of the function to pack up.

b) The client is to provide and/or pay for parking for one vehicle, as near to the event area as possible.

c) If the client is booking other entertainment as well as hiring the Firm’s services, the client is responsible for ensuring that there is the sufficient amount of space available for the aforementioned entertainment and hire, as well as sufficient space for where the client requires the Firm to set up.

d) All bookings will be taken by the Firm as a confirmation that the venue will have possession of the necessary entertainment and liquor licences on the date of the event. The Firm is not responsible if the venue is found to be in breach of the terms of their license.

e) Equipment supplied is subject to change depending on the requirements of the venue (i.e. size and acoustics), number of guests and availability of equipment.

f) It is the client’s responsibility to ensure that the equipment booked is suitable for use at the event and the event venue. No refunds, part or full, will be given for non-use of specific equipment, goods or services that cannot be used, for reasons including but not limited to any venue restrictions imposed. Not all equipment is designed to fit through narrow doorways and/or up staircases. It is the client’s responsibility to inform the Firm of any restrictions, such as access or noise restrictions, that may impede set up or restrict equipment use.

g) The Firm will not take responsibility for ejecting any unwanted persons from any venue. The client will be advised of any problems that the Firm may have in this respect with any of the client’s guests.

h) The Firm will not be responsible for any damage or loss to private or public property caused by the client or any other person(s).

i) The Firm will not be responsible for any damage or loss to private or public property caused by third party equipment.

j) Only the Firm may operate wet hire equipment. Under no circumstances may unauthorised personnel tamper, move or attempt to use equipment owned by the Firm. The Firm will not accept responsibility for damage to property, or injury to persons caused directly by third party intervention.

k) It is the responsibility of the client to make sure that there is an adequate provision of electrical power to the space where the client requires the Firm to set up. The Firm requires access to power outlets dedicated purely for equipment. Any damage caused to the Firm’s equipment by an inadequate power supply or power interruption is the responsibility of the client and any charges the Firm incurs in its rectification must be borne by the party liable for the damage. The client is fully responsible for any damage caused to the equipment resulting from the use of noise limiters and the subsequent cut off and reintroduction of power.

l) If the Firm is linking equipment within a fixed in-house audio system, the Firm reserve the right to refuse to do so if the equipment is considered to be unsafe or likely to cause damage to any component linked to it. The client is liable if post inspections prove that damage has been caused by faulty equipment other than the Firm’s.

7. During the continuance of the agreement for the dry hire of equipment the client shall:

a) Keep the equipment at the location specified in the terms and conditions and in its own possession and not remove the equipment from the agreed location without the prior written consent from the Firm.

b) Not part with possession of the equipment or any part thereof at any time during the period of hire without the written consent of the Firm.

c) Take all necessary steps to ensure that the equipment will be safe and without risk to health and safety when properly used. The client shall take these necessary steps by providing appropriate verbal and written warning, including but not limited to where pyrotechnics and/or strobe lighting is to be used.

d) Preserve on the equipment the Firm and any manufacturer’s identification number or mark or any nameplate that is or should be upon the equipment.

e) Not make any alterations, modifications, additions or technical adjustments to or, attempt any repairs to the equipment without the prior written consent of the Firm and the client acknowledges that any items or non-expendable material not returned to the Firm will be charged to the client.

f) Use the equipment for its intended purpose.

g) Hire the equipment from the Firm for the agreed hire period.

8. Firm – Pick Up & Delivery of Equipment

a) If the client requests the Firm to deliver equipment, the Firm requires a seven hour time period for pick up and delivery. The Firm is not obligated to wait more than fifteen minutes upon time of arrival at the specified location. If the Firm needs to wait more than fifteen minutes there will be additional fees, proportionate to the time spent waiting, decided upon by the Firm.

b) All delivery payments (both for equipment and delivery/pick up services) must be made in full before the date of delivery.

c) The client must also ensure that the Firm is provided with adequate parking arrangements between the times that the equipment will be delivered and picked up.

d) The client must also ensure easy accessibility for the delivery and pick up of all equipment.

9. Client – Pick Up & Delivery of Equipment

a) The client agrees to return the equipment to the premises of the Firm between the times stated on the booking form or otherwise as agreed in writing.

b) The client must carry three forms of I.D. including a current driver’s license, the credit card specified over the phone as well as a utility bill from within the last three months of the date of the service.

c) The Firm strongly encourage that the client should test the equipment before leaving the warehouse to ensure that it is in proper working condition. It shall be conclusively presumed as between the Firm and the client that the equipment has been received in good condition and is in every way satisfactory for the client’s purposes.

d) Where pick up times have been arranged the Firm makes no guarantee to wait beyond the specified time.

e) In the event of a late return of any equipment, an additional fee will apply.

f) In addition to the daily penalty, the client agrees to be responsible for any loss suffered by the Firm as a result of the equipment not being returned at the end of the service period.

g) For the purpose of identification the Firm reserves the right to refuse service to any client travelling in a taxi-cab, Uber or anything of a similar nature.

10. Collection of Completed Repairs

a) The Firm strongly encourage that the client should test the equipment before leaving the warehouse to ensure that it is in proper working condition. It is the responsibility of the client to ensure that the equipment is in proper working condition prior to accepting the return of the equipment.

b) The client must carry three forms of I.D. including a current driver’s license, the credit card specified over the phone as well as a utility bill from within the last three months of the date of the service.

c) The client agrees to be responsible for any loss suffered by the Firm as a result of the equipment not being retrieved at the end of the service period.

11. Subject to Availability

a) The client acknowledges that parts or components utilised in repair services may be second hand.

b) Any representations made about stock or part availabilities are accurate to the last known stock level and are subject to change. If the Firm cannot supply a particular service, product or part the Firm will notify the client as soon as possible.

c) With regard to repair services, the Firm shall obtain the clients’ express permission to repair or to fit repaired units where new parts quoted for are unavailable or not obtained within a reasonable time.

12. Maintenance, Loss or Damage to the Firm’s Equipment

a) The Firm shall be liable for Fair Wear and Tear on the equipment.

b) The client shall be responsible for the costs incurred in making good any loss or damage to the equipment whatsoever, costs incurred at recommended retail price less any discounts available, without deduction for depreciation.

c) The client shall be liable for accidental or malicious damage caused to the equipment by the public, including theft, fire, water, any unforeseen act of God, or by unduly rough or negligent or malicious handling of the equipment by any persons, any faults in the vehicles transporting the equipment or by any faults at the venues at which the equipment is being used.

d) In the event of any audio, lighting, visual equipment (including but not limited to microphone, amplifier, lighting, speaker and leads) being returned not in the same condition as they went out, or not in proper working order, the client shall be liable for the repair or replacement.

e) The client must notify the Firm in writing informing of any loss, damage or claim relating to the equipment within the hour of any such problem(s) arising.

f) If any equipment is stolen, forfeited pursuant to an offence under the law, or a criminal offence occurs during the service period the client must notify the Firm in writing within the hour of any such problem(s) arising as well as making an official report to the nearest police station as soon as possible.

g) All maintenance and repairs to the equipment shall be undertaken by the Firm provided that (where relevant) the client at their expense returns the equipment or any part thereof to the Firm’s premises for inspection and provided further that such of the equipment or any part thereof is accepted by the Firm as defective.

h) All equipment returned to the Firm shall be fully inspected and all costs incurred by the Firm in reconditioning the equipment (Fair Wear and Tear excluded) shall be met by the client.

i) Due to the fragile nature of lamps, refunds are not offered for blown lamps.

13. Defects

a) The Firm checks all equipment immediately prior to it being sent out.

b) The client understands that the Firm’s equipment is second hand equipment, and is not always in brand new condition.

c) The Firm does not give any warranty as to the quality of the equipment nor as to its fitness for the purposes of the client. The Firm does not warrant the equipment corresponds with any description given verbally.

d) The Firm is not liable for any problems arising from the use of faulty third party equipment, supplied by the client or otherwise.

e) All hire equipment is to be returned in the same condition it went out. The client is responsible for any damage to the Firm’s equipment caused by the client or any person at the client’s function. The client agrees to be charged for the full cost of any repairs or replacements required (the Firm will, however, substantiate any repair cost with repairer quotes). The client will be contacted within seven business days in regards to damage made and the price of rectification; or the Firm’s progress in analysing the matter. This can be taken out of the bond or the credit card or any other means.

f) The Firm is not obligated to provide repair to or replacement of equipment upon notification of defects by the client.

14. Refunds

a) Once entered into this contract, refunds are only permitted in accordance with

(i) the terms of this contract; and

(ii) the Australian Consumer Law, to the extent that the prior does not contravene the latter.

b) In accordance with the Australian Consumer Law the client is not entitled to a refund if they are simply unhappy with the Firm or change their mind.

c) All refunds are taken on a case by case basis, and are NOT GUARANTEED by this contract.

d) Refunds or partial refunds may be given in the case of equipment being faulty at the fault of the Firm.

e) Any disputes are to remain private between the client and the Firm, and signed documentation stating that they adhere to this is to be signed before any refunds can be given.

f) Should the client breach this contract by publicly renouncing the Firm on any third party public forum, online, verbal, printed, etcetera; the Firm retains the right to refuse a refund and to pursue the matter further whether that be private between the client and the Firm, or legal action.

15. Cancellations

a) Should the client wish to cancel the contract, a cancellation fee of 100%, the cost of inspection, as well as any additional fees, is charged to the credit card provided or any other means. This is non-refundable.

b) This cancellation fee is in process as soon as the booking is made, with no gestation period and with no exceptions.

c) All prior payments, whether they be deposits or full payments are non-refundable.

d) The Firm reserves the right to charge the cancellation fee in the event that the client is unable to move forward with the contract due to insufficient I.D., specified service amount, insufficient funds, not collecting goods or services between the agreed upon timing set by the Firm, etcetera.

e) The Firm reserves the right to terminate the contractual agreement and charge the cancellation fee in the event that the Firm does not receive communication from the client within a reasonable time period.

f) Without prejudice to any other rights or remedies, the Firm reserves the right to refuse service to any customer and may terminate the contractual agreement without reason upon reasonable notice to the client.

16. Repossession of Firm Property

a) The Firm may take repossession of the equipment if the client is in breach of any term or condition within this agreement and if any equipment is damaged in any way.

b) The Firm may enter upon any premises where the equipment is located and take immediate possession of all equipment, all without court order or other process of law and all without any liability but without prejudice to all rights or remedies available to the Firm in respect of the non-payment or any other breach of the agreement by the client, or if the Firm believes that the agreement has been breached by the client.

c) The Firm may take immediate repossession of any equipment in the event that it is being handled in a manner that is or appears to be unduly rough or negligent or malicious by any persons.

17. Uncollected Property

a) Any property that is not collected within thirty days of notification to collect will become the property of the Firm. At this time the Firm reserves the right to dispose of, use the property and components or peripherals in any matter that the Firm should choose to, or may be sold by the Firm and applied to recover costs to the Firm. Any property which is not collected by the client and in respect of which payment for services carried out has not been made within thirty days of the client having been advised, may be sold by the Firm and the cost of the service, any storage charges and any additional fees may be deducted by the Firm from the net proceeds of the sale of the property. However, before proceeding to sell the property the Firm shall first give the client seven days written notice of its intention to do so which notice shall be sent to the contacts of the client last known to the Firm and shall be deemed to have been received by the client.

b) A storage fee will apply from after seven days of notification to collect.

18. Liability

a) The client shall be liable for the equipment under this agreement and indemnify the Firm for:

(i) any loss or damage to the equipment whilst it is on hire to the client, whether caused by the client or the client’s customers being in default of its obligations pursuant or otherwise.

(ii) any loss incurred due to the late return of equipment.

(iii) any injury caused to or death of the client caused by the equipment whilst on hire to the client (other than death or injury resulting from the negligence of the Firm), and any claim raised by any third party against the Firm in respect of damage to property.

(iv) any injury or death caused to such third party by the equipment whilst on hire to the client, and the value of any equipment seized or forfeited pursuant to an offence under the law and any loss or profit sustained as a consequence of such forfeiture or seizure.

b) Where any valid claim in respect of any equipment on hire which is based on any defect of the quality or condition of the equipment is notified to the Firm in accordance with this agreement, the Firm shall be entitled to replace the equipment on hire (or the part in question) free of charge or at the Firm’s sole discretion, refund the client the hire cost of the equipment (or a proportionate part of the cost, decided upon by the Firm) but it shall have no further liability to the client.

c) The Firm shall not be liable to the client or be in breach of the agreement by reason of any delay in providing a service, or any failure to provide a service, any of the Firm’s obligations in relation to the equipment or the services if the delay or failure was due to any cause beyond the Firm’s reasonable control, including but not limited to failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.

d) Upon completion of repair services the client must check all equipment and confirm that the repair service has been performed to their satisfaction. It shall be conclusively presumed as between the Firm and the client that the equipment has been received in good condition and is in every way satisfactory for the client’s purposes.

e) The Firm will not be liable for the loss, corruption or inability to retrieve data stored on equipment provided for repairs.

f) The Firm does not retrieve data and may have to erase data as part of the repair process.

g) The client accepts that there are risks of damage and loss associated with the repair and maintenance service of any equipment, parts, software or hardware. The client accepts that the Firm is not liable for any such damage or loss.

h) The Firm strongly encourage that the client should do a full backup of data and system prior to any repair and maintenance services being provided by the Firm.

i) Under no circumstances does the Firm take any responsibility for any third party equipment; including but not limited to its’ compatibility with Firm equipment.

19. Consequential Loss

In respect of the repair of equipment or hire of equipment or their use by the client, the Firm shall in no circumstances be liable to the client for consequential loss of any nature whatsoever (and whether caused by the negligence of the Firm, its employees or agents or otherwise) whether for loss of profit, loss of business or otherwise.

20. Privacy

a) The privacy of the client’s personal information is important to the Firm.

b) The Firm may collect personal information directly from the client when the client register as a member of the Firm, when the client place an order, or when the client contact the Firm’s Customer Service Team. Personal information may include but is not limited to the client’s name, residential and/or postal address, telephone number and email address.

c) The client’s personal information is not collected if the client only browse this website.

d) The Firm may use the client’s personal information for the purposes for which the client give it to any of them and for their own internal purposes. The client agree that the Firm may use the client’s email address to send the client messages concerning the client’s membership account, any bookings the client place, information about the goods and services offered that the Firm thinks may be of interest to the client, etcetera. If the client would prefer not to receive promotional or other material from the Firm, they may advise the Firm in writing; and the latter will respect the client’s request. The client also agree that the Firm may contact the client to arrange delivery and collection of goods and services.

e) The client may request the Firm to remove the client’s personal information from its database by contacting the Customer Service Team in writing. The client understands that this may limit the services that the Firm can provide the client. The Firm reserves the right to use the client’s personal information for the purpose of pursuing legal action against the client.

f) Unless otherwise advised by the client, the Firm reserves the right to use any photography and videography taken during the service period for promotional purposes. The Firm will not do so if the client withdraws this authorisation.

g) If the client has any complaints relating to privacy issues the client must notify the Firm in writing. The client may also contact the Office of the Australian Information (OAIC). For further information visit www.oaic.gov.au or contact OAIC on 1300 336 002.

h) The client agrees:

(i) For the Firm to obtain from a credit reporting agency a credit report containing personal credit information about the client in relation to services provided by the Firm.

(ii) That the Firm may exchange information about the client with those credit providers either named as trade referees by the client or named in a consumer credit report issued by a credit reporting agency.

(iii) The client consents to the Firm being given a consumer credit report to collect overdue payment on commercial credit (pursuant to the Privacy Act 1988 (Cth)).

21. Firm’s Representations

The Firm shall not be liable whatsoever for any direct, consequential, incidental, special or indirect misrepresentation arising in any way whatsoever out of this agreement.

22. Termination & Breach of Contract

a) The Firm will take the reasonable precautions to avoid non-fulfilment of the contract by the Firm. However, in the event of non-fulfilment on the part of the Firm, the Firm will then only be liable for the sum up to and not exceeding the service cost. The Firm will not be liable for any further charges or compensation.

b) The Firm is entitled to terminate this contract without liability if for any reason beyond its control the Firm is unable to provide a service, due to fire or theft of equipment, illness, breakdown of vehicle, or any other event beyond the Firm’s control. The Firm will use all reasonable endeavours to locate a replacement. However, in the unlikely event of a non-fulfilment the Firm will deduct any expenses from the total amount of the service. All monies paid for services not provided will be refunded and this will be the limit of our liability to the client.

c) Under Health & Safety laws, the Firm can withdraw or refuse to perform in any unsafe building, access or venue where the safety of the Firm’s representatives or the public may be jeopardised. In this unlikely event, the booking will be terminated and the full booking fee payable.

d) Under Health & Safety laws, the Firm can withdraw or refuse to repair any unsafe equipment or hardware where the safety of the Firm’s representatives or the public may be jeopardised. In this unlikely event, the booking will be terminated and the full repair fee payable.

e) If the client shall make default in payment, or commit any other breach of the contract or if any arrestment, charge or other legal process shall be levied upon the clients’ property or assets, or if the client shall make or offer to make any arrangement or composition with creditors or become apparently insolvent or commit any act of bankruptcy, or if any petition of bankruptcy shall be presented or made against him, or if the client is a limited Firm, a resolution or petition to wind up such Firm (other than for the purposes of amalgamation or reconstruction) shall be passed or presented, or if a liquidator or receiver or administrator of such Firm’s undertaking, property, assets or any part thereof shall be appointed, the Firm shall have the right to immediately terminate the contract and to declare all sums due and to become due under the contract either for the full term of the service period as the case may be immediately due and payable. Failure of due and payable amount will incur a daily charge until payment has cleared.

23. Laws of Victoria

a) These terms will be governed by and interpreted in accordance with the laws of Victoria, Australia and the client irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.

b) If the client accesses the website in a jurisdiction other than Victoria, Australia, the client are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. The Firm makes no representations that the content of the website complies with the laws of any country outside Australia.

c) If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between the client and the Firm.

d) The failure by the Firm to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by the Firm.