1. Goods/Services 1.1 The Goods/Services shall be as described on any invoices, quotation, work authorisation, or any other forms which are provided by the Seller to the Buyer.
2. Price and Payment 2.1 The Price shall be as indicated on invoices provided by the Seller to the Buyer in respect of the Goods/Services supplied. 2.2 Time for payment for the Goods/Services shall be of the essence and will be stated on the invoice, quotation, or any other order forms. If no time is stated then payment will be due seven (7) days following the date of the invoice. 2.3 Unless otherwise stated the Price does not include GST (Goods and Services Tax). In addition to the Price the Buyer must pay to the Seller an amount equal to any GST the Seller must pay for any supply by the Seller under this or any other agreement for the sale of the Goods/Services. The Buyer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Buyer pays the Price. In addition the Buyer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
3. Default & Consequences of Default 3.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Seller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 3.2 If the Buyer owes the Seller any money, the Buyer shall indemnify the Seller from and against all costs and disbursements: (a) incurred; and/or (b) which would be incurred and/or (c) for which by the Buyer would be liable; in regard to legal costs on a solicitor and own client basis, internal administration fees, the Seller’s contract fees owing for breach of these terms and conditions’, including, but not limited to, contract default fees and/or recovery costs (if applicable), as well as bank dishonour fees. 3.3 Further to any other rights or remedies the Seller may have under this contract, if a Buyer has made payment to the Seller, and the transaction is subsequently reversed, the Buyer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Seller under this clause 3 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Buyer’s obligations under this contract.
4. Privacy Policy 4.1 All emails, documents, images or other recorded information held or used by the Seller is Personal Information, as defined and referred to in clause 4.3, and therefore considered Confidential Information. The Seller acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1988 (“the Act”) including the Part IIIC of the Act being Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB) and any statutory requirements, where relevant in a European Economic Area (“EEA”), under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). The Seller acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Buyer’s Personal Information, held by the Seller that may result in serious harm to the Buyer, the Seller will notify the Buyer in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Buyer by written consent, unless subject to an operation of law. 4.2 Notwithstanding clause 4.1, privacy limitations will extend to the Seller in respect of cookies where the Buyer utilises the Seller’s website to make enquiries. The Seller agrees to display reference to such cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Buyer’s: (a) IP address, browser, email client type and other similar details; (b) tracking website usage and traffic; and (c) reports are available to the Seller when the Seller sends an email to the Buyer, so the Seller may collect and review that information (“collectively Personal Information”) If the Buyer consents to the Seller’s use of cookies on the Seller’s website and later wishes to withdraw that consent, the Buyer may manage and control the Seller’s privacy controls via the Buyer’s web browser, including removing cookies by deleting them from the browser history when exiting the site.
4.3 The Buyer agrees for the Seller to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) about the Buyer in relation to credit provided by the Seller.
4.4 The Buyer agrees that the Seller may exchange information about the Buyer with those credit providers and with related body corporates for the following purposes: (a) to assess an application by the Buyer; and/or (b) to notify other credit providers of a default by the Buyer; and/or (c) to exchange information with other credit providers as to the status of this credit account, where the Buyer is in default with other credit providers; and/or (d) to assess the creditworthiness of the Buyer including the Buyer’s repayment history in the preceding two years.
4.5 The Buyer consents to the Seller being given a consumer credit report to collect overdue payment on commercial credit.
4.6 The Buyer agrees that personal credit information provided may be used and retained by the Seller for the following purposes (and for other agreed purposes or required by): (a) the provision of Goods; and/or (b) analysing, verifying and/or checking the Buyer’s credit, payment and/or status in relation to the provision of Goods; and/or (c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Buyer; and/or (d) enabling the collection of amounts outstanding in relation to the Goods.
4.7 The Seller may give information about the Buyer to a CRB for the following purposes: (a) to obtain a consumer credit report; (b) allow the CRB to create or maintain a credit information file about the Buyer including credit history.
4.8 The information given to the CRB may include: (a) Personal Information as outlined in 4.3 above; (b) name of the credit provider and that the Seller is a current credit provider to the Buyer; (c) whether the credit provider is a licensee; (d) type of consumer credit; (e) details concerning the Buyer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested); (f) advice of consumer credit defaults (provided the Seller is a member of an approved OAIC External Disputes Resolution Scheme), overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Buyer no longer has any overdue accounts and the Seller has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments); (g) information that, in the opinion of the Seller, the Buyer has committed a serious credit infringement; (h) advice that the amount of the Buyer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
4.9 The Buyer shall have the right to request (by e-mail) from the Seller: (a) a copy of the Personal Information about the Buyer retained by the Seller and the right to request that the Seller correct any incorrect Personal Information; and (b) that the Seller does not disclose any Personal Information about the Buyer for the purpose of direct marketing.
4.10 The Seller will destroy Personal Information upon the Buyer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.
4.11 The Buyer can make a privacy complaint by contacting the Seller via e-mail. The Seller will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Buyer is not satisfied with the resolution provided, the Buyer can make a complaint to the Information Commissioner at www.oaic.gov.au.