Version 6.1 :: Revised 11 November 2019
1. Definitions and Interpretations
1.1 In this agreement
(a) “Australian Business Insolvency Guide” means the Company;
(b) “dollars” and “$” means Australian dollars ($AUD);
(c) “fees” means the Company’s fees (calculated in accordance with this agreement) which are inclusive of any applicable GST;
(d) “insolvencyguide.com.au” means the Company;
(e) “listing” means the advertising referred to in Paragraph 2 of this Agreement;
(f) “Minimum Cost” means the amount specified as the Minimum Cost for each Monthly Payment Plan pursuant to Paragraph 3.2;
(g) “Month” means a calendar month;
(h) “Monthly Fee” means a non-refundable amount payable by the Practice in accordance with the terms of Paragraph 3.2;
(i) “Monthly Package” means a service package offered by the Company and paid in twelve (12) equal monthly instalments under the names Basic Listing (Monthly Payment Plan), Premium Listing (Monthly Payment Plan) and Featured Listing (Monthly Payment Plan) as specified in Paragraph 3.2;
(j) “Prepaid Fee” means a non-refundable amount paid by the Practice in accordance with the terms of Paragraph 3.3;
(k) “Prepaid Package” means a service package offered by the Company and paid for prior to the commencement of listing under the names Basic Listing (Annual Payment Plan), Premium Listing (Annual Payment Plan) and Featured Listing (Annual Payment Plan) as specified in Paragraph 3.3;
(l) “ROI Media” and “ROI Media Australia” means the Company;
(m) “Signed” means the signing of this agreement in writing or signing by any electronic means and specifically includes the act of the Practice or their agent clicking on any SUBSCRIBE button on any page on the accountant.net.au website;
(n) “the Company” means Sherpa Way Pty Ltd ACN 629 024 282 (ATF The Shangri-La Unit Trust) ABN 47 401 411 568 Trading as ROI Media Australia and also trading as Australian Business Insolvency Guide of Level 4, 143 Charlotte Street Brisbane in the state of Queensland Australia, their successors and assigns;
(o) “the Practice” means the party specified on the Subscription page of the insolvencyguide.com.au website;
(p) “we”, “us” and “our” means the Company;
(q) “you” and “your” means the Practice.
2. Advertising Services
2.1 The Practice
has requested that the Company provide it with a page or pages to advertise on
the insolvencyguide.com.au website.
2.2 The Company has agreed to provide the Practice with the said page or pages.
3. Fees – How Calculated
3.1 The Company
will charge fees to the Practice under this Agreement in accordance with
Paragraphs 3.2 and 3.3 provided that the following terms shall always apply:
(a) The Company may vary these rates on thirty (30) days notice. This variation will be deemed accepted if the Practice does not object within seven (7) days.
(b) If the practice does object to the variation and no agreement can be reached this Agreement may be terminated in accordance with Paragraph 4.
3.1 Monthly Package Fees
The Company will charge fees for the Monthly Packages on the following basis:
|Monthly Package Name||Monthly Fee||Minimum Cost|
|Basic Listing (Monthly Payment Plan)||$0.00||$0.00|
|Premium Listing (Monthly Payment Plan)||$29.00||$348.00|
|Featured Listing (Monthly Payment Plan)||$99.00||$1,1188.00|
(a) The Monthly Fee
is payable for each of the twelve (12) months immediately following the signing
of this Agreement with such payments commencing on the date when the Agreement
(b) The Practice acknowledges that the minimum cost over twelve (12) months for the Monthly Package or Monthly Packages is the sum of the Monthly Fee applicable for the Monthly Package or Monthly Packages multiplied by twelve (12).
(c) The Monthly Fee shall be payable via Stripe Subscription or any other method notified by the Company.
(d) In the event that this Agreement is terminated in accordance with Paragraph 4 the Practice will be liable to pay immediately to the Company an amount equal to;
(i) the total of all Monthly Fees remaining unpaid; plus
(ii) any other monies owing to the Company at the termination date.
3.2 Prepaid Package Fees
The Company will charge fees for the Prepaid Packages on the following basis:
|Prepaid Package Name||Pre-Paid Fee|
|Basic Listing (Annual Payment Plan)||$0.00|
|Premium Listing (Annual Payment Plan)||$290.00|
|Featured Listing (Annual Payment Plan)||$990.00|
(a) The Prepaid Fee
is payable immediately upon signing of this Agreement.
(b) The Prepaid Fee shall be payable via Stripe or any other method notified by the Company.
(c) In the event that this Agreement is terminated in accordance with Paragraph 4 the Practice will be liable to pay immediately to the Company an amount equal to;
(i) the total of all Prepaid Fees remaining unpaid; plus
(ii) any other monies owing to the Company at the termination date.
4. Termination of this Agreement
4.1 The Practice
may terminate this Agreement at any time and for any reason.
4.2 The Company may terminate this Agreement for any lawful cause or if the Practice:
(a) Breaches this Agreement;
(b) Requires the Company to act unlawfully or unethically;
(c) Fails to give the Company adequate instructions;
(e) Fails to pay any fees due to the Company; or
(f) Loses legal capacity.
4.3 The Company will give the Practice not less than seven (7) days notice of its intention to terminate the Agreement.
4.4 The Practice may only terminate this agreement by giving one (1) month prior written notice to the Company.
4.5 If this Agreement is terminated by the Company or the Practice, the Company is entitled to all outstanding fees up to the termination date and in accordance with Paragraph 3 of this Agreement.
4.6 The Practice agrees to meet all of the Company’s costs in respect of enforcing or attempting to enforce their rights under the terms of this Agreement.
5.1 The Practice has read, understands and agrees to be bound by the terms of this Agreement.
6. Limitation of Liability
6.1 If any of the
services provided by the Company proves to be deficient or defective in any
manner then the liability of the Company shall be limited to providing a person
of their own choosing to rectify the defects or deficiencies.
6.2 The Practice shall indemnify the Company against all costs incurred by the Practice in identifying or rectifying any defect or deficiency in the services by a person other than a person appointed by the Company to rectify such defects or deficiencies.
6.3 The practice indemnifies the Company against the payment of any fees, charges, penalty interest, fines or any other costs arising as a result of the provision of any services howsoever caused, including acts of negligence by the Company.
7. Internet Access to Information and Data
The Practice acknowledges and agrees that they or any third party authorised by them may access, view and modify information or data in respect of the practice via the internet. The Practice agrees to assume the risks associated with accessing, viewing and modifying information and data via the internet whether such information or data is accessed, viewed or modified by them or any third party authorised by them and agrees that the Company accept no such risks. The Practice agrees to fully release and indemnify the Company from any claims which the Practice may otherwise have as a result of any person accessing, viewing, modifying or interfering with any information or data via the internet.
8. Jurisdiction This agreement is governed by the laws of Queensland, Australia and the Parties submit to the exclusive jurisdiction of the Courts in Brisbane, Queensland.