“Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.
“Sitecraft” means Sitecraft Pty Ltd ATF Sitecraft Trust No 1 & Sitecraft Trust No 2 & Sitecraft Trust No 3 T/A Sitecraft, its successors and assigns or any person acting on behalf of and with the authority of Sitecraft Pty Ltd ATF Sitecraft Trust No 1 & Sitecraft Trust No 2 & Sitecraft Trust No 3 T/A Sitecraft.
“Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting Sitecraft to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
if there is more than one Client, is a reference to each Client jointly and severally; and
if the Client is a partnership, it shall bind each partner jointly and severally; and
if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and
includes the Client’s executors, administrators, successors and permitted assigns.
“Goods” means all Goods or Services supplied by Sitecraft to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
“Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: 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) and pricing details.
“Price” means the Price payable (plus any GST where applicable) for the Goods and/or Equipment hire as agreed between Sitecraft and the Client in accordance with clause 5
“GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).
The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts Delivery of the Goods.
In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.
Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.
The Client acknowledges that the supply of Goods on credit shall not take effect until the Client has completed a credit application with Sitecraft and it has been approved with a credit limit established for the account.
In the event that the supply of Goods requested exceeds the Client’s credit limit and/or the account exceeds the payment terms, Sitecraft reserves the right to refuse Delivery.
Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.
Sitecraft shall only be responsible for their performance to the party that contracts them to undertake the Services and shall not be responsible to any third party irrespective of their relationship to the Client.
Where the Client requesting or organising Sitecraft to provide Services is acting with or on behalf of any third party and that third party is intended to be responsible for the payment (or any part thereof) of the Price then in the event that the third party does not pay for the Services when due, the Client acknowledges that they shall be liable for the payment of the Price as if they had contracted the Services on their own behalf.
Any advice, recommendation, information, assistance or service provided by Sitecraft in relation to Goods or Services supplied is given in good faith to the Client, or the Client’s agent and is based on Sitecraft’s own knowledge and experience and shall be accepted without liability on the part of Sitecraft. Where such advice or recommendations are not acted upon then Sitecraft shall require the Client or their agent to authorise commencement of the Services in writing. Sitecraft shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Services.
The Client acknowledges and accepts that the supply of Goods for accepted orders may be subject to availability and if, for any reason, Goods are not or cease to be available, Sitecraft reserves the right to vary the Price with alternative Goods as per clause 2. Sitecraft also reserves the right to halt all Services until such time as Sitecraft and the Client agree to such changes.
Errors and Omissions
The Client acknowledges and accepts that Sitecraft shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
resulting from an inadvertent mistake made by Sitecraft in the formation and/or administration of this Contract; and/or
contained in/omitted from any literature (hard copy and/or electronic) supplied by Sitecraft in respect of the Services.
In the event such an error and/or omission occurs in accordance with clause 1, and is not attributable to the negligence and/or wilful misconduct of Sitecraft; the Client shall not be entitled to treat this Contract as repudiated nor render it invalid.
The Client acknowledges that:
all descriptive specifications, illustrations, drawings, data, dimensions, ratings and weights stated in Sitecraft’s or the manufacturer’s fact sheets, price lists or advertising material, are approximate only and are given by way of identification only. The Client shall not be entitled to rely on such information, and any use of such does not constitute a sale by description, and does not form part of the Contract, unless expressly stated as such in writing by Sitecraft;
while Sitecraft may have provided information or figures to the Client regarding the performance of the Goods, the Client acknowledges that Sitecraft has given these in good faith, and are estimates based on industry prescribed estimates.
The Client shall be responsible for ensuring that the Goods ordered are suitable for their intended use.
Price and Payment
At Sitecraft’s sole discretion the Price shall be either:
as indicated on any invoice provided by Sitecraft to the Client; or
the Price as at the date of Delivery of the Goods according to Sitecraft’s current price list; or
Sitecraft’s quoted price (subject to clause 2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
Sitecraft reserves the right to change the Price if a variation to Sitecraft’s quotation is requested. Any variation from the plan of scheduled Services or specifications of the Goods (including, but not limited to, any variation as a result of fluctuations in currency exchange rates or increases to Sitecraft in the cost of taxes, levies, materials and labour) will be charged for on the basis of Sitecraft’s quotation and will be shown as variations on the invoice.
At Sitecraft’s sole discretion a non-refundable deposit may be required.
Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by Sitecraft, which may be:
on Delivery of the Goods;
before Delivery of the Goods;
by way of instalments/progress payments in accordance with Sitecraft’s payment schedule;
thirty (30) days following the end of the month in which a statement is posted to the Client’s address or address for notices;
the date specified on any invoice or other form as being the date for payment; or
failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by Sitecraft.
Payment may be made by cash, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and Sitecraft.
Sitecraft may in its discretion allocate any payment received from the Client towards any invoice that Sitecraft determines and may do so at the time of receipt or at any time afterwards. On any default by the Client Sitecraft may re-allocate any payments previously received and allocated. In the absence of any payment allocation by Sitecraft, payment will be deemed to be allocated in such manner as preserves the maximum value of Sitecraft’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by Sitecraft nor to withhold payment of any invoice because part of that invoice is in dispute.
Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to Sitecraft an amount equal to any GST Sitecraft must pay for any supply by Sitecraft under this or any other agreement for the sale of the Goods/hire of the Equipment. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client 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.
Delivery of Goods
Delivery (“Delivery”) of the Goods is taken to occur at the time that:
the Client or the Client’s nominated carrier takes possession of the Goods at Sitecraft’s address; or
Sitecraft (or Sitecraft’s nominated carrier) delivers the Goods to the Client’s nominated address even if the Client is not present at the address.
At Sitecraft’s sole discretion the cost of Delivery is either included in the Price or is in addition to the Price.
Sitecraft may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
Any time specified by Sitecraft for Delivery of the Goods is an estimate only and Sitecraft will not be liable for any loss or damage incurred by the Client as a result of Delivery being late. However both parties agree that they shall make every endeavour to enable the Goods to be delivered at the time and place as was arranged between both parties. In the event that Sitecraft is unable to supply the Goods as agreed solely due to any action or inaction of the Client, then Sitecraft shall be entitled to charge a reasonable fee for redelivery and/or storage.
Risk to Goods
Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery.
If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the Client, Sitecraft is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Sitecraft is sufficient evidence of Sitecraft’s rights to receive the insurance proceeds without the need for any person dealing with Sitecraft to make further enquiries.
If the Client requests Sitecraft to leave Goods outside Sitecraft’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk.
Accuracy of Clients Plans and Measurements for Orders
Sitecraft shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, Sitecraft accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.
In the event the Client gives information relating to measurements and quantities of the Goods required to complete the services, it is the Client’s responsibility to verify the accuracy of the measurements and quantities, before the Client or Sitecraft places an order based on these measurements and quantities. Sitecraft accepts no responsibility for any loss, damages, or costs however resulting from the Client’s failure to comply with this clause.
The Client shall ensure that Sitecraft has clear and free access to the work site at all times to enable them to undertake the Services. Sitecraft shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of Sitecraft.
Title to Goods
Sitecraft and the Client agree that ownership of the Goods shall not pass until:
the Client has paid Sitecraft all amounts owing to Sitecraft; and
the Client has met all of its other obligations to Sitecraft.
Receipt by Sitecraft of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
It is further agreed that until ownership of the Goods passes to the Client in accordance with clause 1:
the Client is only a bailee of the Goods and must return the Goods to Sitecraft on request;
the Client holds the benefit of the Client’s insurance of the Goods on trust for Sitecraft and must pay to Sitecraft the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;
the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for Sitecraft and must pay or deliver the proceeds to Sitecraft on demand;
the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of Sitecraft and must sell, dispose of or return the resulting product to Sitecraft as it so directs;
the Client irrevocably authorises Sitecraft to enter any premises where Sitecraft believes the Goods are kept and recover possession of the Goods;
Sitecraft may recover possession of any Goods in transit whether or not Delivery has occurred;
the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Sitecraft;
Sitecraft may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.
Personal Property Securities Act 2009 (“PPSA”)
In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPS
Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods and/or collateral (account) – being a monetary obligation of the Client to Sitecraft for Services – that have previously been supplied and that will be supplied in the future by Sitecraft to the Client.
The Client undertakes to:
promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Sitecraft may reasonably require to;
register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
register any other document required to be registered by the PPSA; or
correct a defect in a statement referred to in clause 3(a)(i) or 11.3(a)(ii);
indemnify, and upon demand reimburse, Sitecraft for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
not register a financing change statement in respect of a security interest without the prior written consent of Sitecraft;
not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) in favour of a third party without the prior written consent of Sitecraft;
immediately advise Sitecraft of any material change in its business practices of selling Goods which would result in a change in the nature of proceeds derived from such sales.
Sitecraft and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
Unless otherwise agreed to in writing by Sitecraft, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.
The Client must unconditionally ratify any actions taken by Sitecraft under clauses 3 to 11.5.
Subject to any express provisions to the contrary (including those contained in this clause 11), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
Only to the extent that the hire of the Equipment exceeds a two (2) year hire period with the right of renewal shall clause 11 apply as a security agreement in the form of a PPS Lease in respect of Section 20 of the PPSA, in all other matters this clause 11 will apply generally for the purposes of the PPSA.
Security and Charge
In consideration of Sitecraft agreeing to supply the Goods, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
The Client indemnifies Sitecraft from and against all Sitecraft’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Sitecraft’s rights under this clause.
The Client irrevocably appoints Sitecraft and each director of Sitecraft as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 12 including, but not limited to, signing any document on the Client’s behalf.
Defects, Warranties and Returns, Competition and Consumer Act 2010 (“CCA”)
The Client must inspect the Goods on Delivery and must within seven (7) days of Delivery notify Sitecraft in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow Sitecraft to inspect the Goods.
Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
Sitecraft acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Sitecraft makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. Sitecraft’s liability in respect of these warranties is limited to the fullest extent permitted by law.
If the Client is a consumer within the meaning of the CCA, Sitecraft’s liability is limited to the extent permitted by section 64A of Schedule 2.
If Sitecraft is required to replace the Goods under this clause or the CCA, but is unable to do so, Sitecraft may refund any money the Client has paid for the Goods.
If the Client is not a consumer within the meaning of the CCA, Sitecraft’s liability for any defect or damage in the Goods is:
limited to the value of any express warranty or warranty card provided to the Client by Sitecraft at Sitecraft’s sole discretion;
limited to any warranty to which Sitecraft is entitled, if Sitecraft did not manufacture the Goods;
otherwise negated absolutely.
Subject to this clause 13, returns will only be accepted provided that:
the Client has complied with the provisions of clause 1; and
Sitecraft has agreed that the Goods are defective; and
the Goods are returned within a reasonable time at the Client’s cost (if that cost is not significant); and
the Goods are returned in as close a condition to that in which they were delivered as is possible.
Notwithstanding clauses 1 to 13.8 but subject to the CCA, Sitecraft shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
the Client failing to properly maintain or store any Goods;
the Client using the Goods for any purpose other than that for which they were designed;
the Client continuing the use of the Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
the Client failing to follow any instructions or guidelines provided by Sitecraft;
fair wear and tear, any accident, or act of God.
Notwithstanding anything contained in this clause if Sitecraft is required by a law to accept a return then Sitecraft will only accept a return on the conditions imposed by that law.
Where Sitecraft has designed, drawn or developed Goods for the Client, then the copyright in any designs and drawings and documents shall remain the property of Sitecraft. Under no circumstances may such designs, drawings and documents be used without the express written approval of Sitecraft.
The Client warrants that all designs, specifications or instructions given to Sitecraft will not cause Sitecraft to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify Sitecraft against any action taken by a third party against Sitecraft in respect of any such infringement.
The Client agrees that Sitecraft may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which Sitecraft has created for the Client.
Default and Consequences of Default
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 Sitecraft’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
If the Client owes Sitecraft any money the Client shall indemnify Sitecraft from and against all costs and disbursements incurred by Sitecraft in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Sitecraft’s contract default fee, and bank dishonour fees).
Further to any other rights or remedies Sitecraft may have under this Contract, if a Client has made payment to Sitecraft, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Sitecraft under this clause 15 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract.
Without prejudice to Sitecraft’s other remedies at law Sitecraft shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Sitecraft shall, whether or not due for payment, become immediately payable if:
any money payable to Sitecraft becomes overdue, or in Sitecraft’s opinion the Client will be unable to make a payment when it falls due;
the Client has exceeded any applicable credit limit provided by Sitecraft;
the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
Compliance with Laws
The Client and Sitecraft shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services.
The Client shall obtain (at the expense of the Client) all licenses and approvals that may be required for the Services.
The Client agrees that the site will comply with any occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation.
If a dispute arises between the parties to this contract then either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within fourteen (14) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute. At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered by hand or sent by certified mail to the other party refer such dispute to arbitration. Any arbitration shall be:
referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators Australia; and
conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.
Without prejudice to any other remedies Sitecraft may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions Sitecraft may suspend or terminate the supply of Goods to the Client. Sitecraft will not be liable to the Client for any loss or damage the Client suffers because Sitecraft has exercised its rights under this clause.
Sitecraft may cancel any contract to which these terms and conditions apply or cancel Delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice Sitecraft shall repay to the Client any money paid by the Client for the Goods excluding any deposits. Sitecraft shall not be liable for any loss or damage whatsoever arising from such cancellation.
In the event that the Client cancels Delivery of Goods the Client shall be liable for any and all loss incurred (whether direct or indirect) by Sitecraft as a direct result of the cancellation (including, but not limited to, any loss of profits).
Further to the above clause 3 and clause 5.3, any deposit paid by the Client is non-refundable.
Cancellation of orders for Goods made to the Client’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.
All emails, documents, images or other recorded information held or used by Sitecraft is Personal Information, as defined and referred to in clause 2, and therefore considered Confidential Information. Sitecraft 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”). Sitecraft acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Client’s Personal Information, held by Sitecraft that may result in serious harm to the Client, Sitecraft will notify the Client 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 Client by written consent, unless subject to an operation of law.
The Client agrees for Sitecraft 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 Client in relation to credit provided by Sitecraft.
The Client agrees that Sitecraft may exchange information about the Client with those credit providers and with related body corporates for the following purposes:
to assess an application by the Client; and/or
to notify other credit providers of a default by the Client; and/or
to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two (2) years.
The Client consents to Sitecraft being given a consumer credit report to collect overdue payment on commercial credit.
The Client agrees that personal credit information provided may be used and retained by Sitecraft for the following purposes (and for other agreed purposes or required by):
the provision of Goods; and/or
analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods; and/or
processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
enabling the collection of amounts outstanding in relation to the Goods.
Sitecraft may give information about the Client to a CRB for the following purposes:
to obtain a consumer credit report;
allow the CRB to create or maintain a credit information file about the Client including credit history.
The information given to the CRB may include:
Personal Information as outlined in 2 above;
name of the credit provider and that Sitecraft is a current credit provider to the Client;
whether the credit provider is a licensee;
type of consumer credit;
details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
advice of consumer credit defaults, 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 Client no longer has any overdue accounts and Sitecraft has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
information that, in the opinion of Sitecraft, the Client has committed a serious credit infringement;
advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
The Client shall have the right to request (by e-mail) from Sitecraft:
a copy of the Personal Information about the Client retained by Sitecraft and the right to request that Sitecraft correct any incorrect Personal Information; and
that Sitecraft does not disclose any Personal Information about the Client for the purpose of direct marketing.
Sitecraft will destroy Personal Information upon the Client’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.
The Client can make a privacy complaint by contacting Sitecraft via e-mail. Sitecraft 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 Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at oaic.gov.au.
The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria in which Sitecraft has its principal place of business, and are subject to the jurisdiction of the courts in that state.
Subject to clause 13, Sitecraft shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Sitecraft of these terms and conditions (alternatively Sitecraft’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
Sitecraft may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Client’s consent.
The Client cannot licence or assign without the written approval of Sitecraft.
Sitecraft may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of Sitecraft’s sub-contractors without the authority of Sitecraft.
The Client agrees that Sitecraft may amend their general terms and conditions for subsequent future contracts with the Client by disclosing such to the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for Sitecraft to provide Goods to the Client.
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo, including but not limited to, any Government imposed border lockdowns (including, worldwide destination ports), etc, (“Force Majeure”) or other event beyond the reasonable control of either party.
Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.