The terms and conditions applicable to our Services are below.
Provision of Services
We will supply Services to You at Your request and You will agree to accept such Services upon the terms and conditions described:
- in these Terms and Conditions;
- in any quotation We provide to You;
- in any other agreement executed by You and Us.
In event of any inconsistency between these Terms and Conditions and any other document, these Terms and Conditions will take precedence.
By accepting our quotation in writing and engaging our Services, You agree to comply in all respects with these Terms and Conditions and make full payment of the invoiced price.
You are responsible for the accuracy and legality of any correspondence including information, documents, advice, records or data that You provide to Us. You shall not be entitled to make any Claim or institute any legal proceedings against Us in relation to such information or documents.
You will keep Us indemnified for any costs, damages or liability that arises directly or indirectly out of the work We do.
- You will pay the Services fee within 14 days of the invoice date, unless stated otherwise.
- We may charge You ten percent (10%) interest per month calculated daily on all or any amounts not paid within 14 days of the invoice date.
We comply with the Privacy Act 1988.
You authorise Us to disclose to third parties such information as may be reasonably required by them to enable Us to provide the Services to You.
Exclusion of Implied Terms
Any guarantee, condition or warranty which would otherwise be implied in these Terms and Conditions is hereby excluded.
To the extent any legislation implies any guarantee, condition or warranty, our liability for breach of such guarantee, condition or warranty shall be limited to the provision of the Services again or the cost of having the Services supplied again.
You acknowledge that You have not engaged Us to provide Services in reliance upon any statement (written or verbal) made by Us, other than as expressly contained in these Terms and Conditions.
We will make reasonable endeavours to ascertain whether errors are contained in the documentation that You supply to Us. Notwithstanding the foregoing, We shall not be liable and You shall not be entitled to make a Claim in relation to any Loss or Damage that relates to any such errors. It is in all respects Your responsibility to ensure that the content and documentation supplied to You by Us is complete and accurate in all respects.
Without limiting the foregoing, should You publish or use any documents prepared by Us in the performance of Services we provide, You warrant that, prior to doing so You have carefully and comprehensively reviewed such documentation, to ensure that You are satisfied with its contents in all respects, and You shall not be entitled to make any Claim in relation to any such documentation that is published or used by You.
You warrant that none of the information, documents or data that You provide to Us constitutes or may constitute a breach of the intellectual property rights of any third party (including, but not limited to, rights in relation to copyright), and You shall indemnify Us should the use of such information, documents or data in any respect infringe such intellectual property rights of any person.
Ownership of the work
We retain control of the Work until We receive full payment of the invoiced amount. Until We receive full payment of the invoiced amount, We will give You reasonable access to the Work for review and approval purposes.
Once accepted by You, these Terms and Conditions and any other agreement executed by You and Us, comprise the whole of the agreement between You and Us.
The Services we provide are governed and construed in accordance with the laws of New South Wales. We and You submit to the jurisdiction of the Courts of that state.
We shall not be liable to You for any failure or delay to perform our Services arising out of any event not reasonably within Our control, including but not limited to fire, flood, lightning, Our health or medical condition, storm or tempest, strikes, lock outs or other industrial disputes, acts of war, explosion, government restriction, unavailability of equipment or any delay by You in submitting any content or documentation to Us or any other delay caused or contributed to by You.
- “Claim” means all liabilities, claims, actions, suits, proceedings, demands, losses, damages, costs, fees and expenses whatever incurred.
- “Loss or Damage” includes (without limit) direct loss or loss of profits or indirect, consequential, incidental, special, exemplary or punitive loss or damage howsoever caused (including through the negligence of You or others).
- “Work” and “Services” means the provision of advice, assistance, and documents we write and/or edit for Your business, or such other Services that We agree to provide to You.
- “We” and “Us” means the employees or agents of The Write Editors, and “Our” has a corresponding meaning.
- “You” means You as the client of The Write Editors, Your employees and agents, and “Your” has a corresponding meaning.