The following conditions are the standard terms of engagement of H&E Group Pty Ltd. Except where agreed in writing, these terms apply to all Services undertaken by H&E Group and its agents. These terms prevail where inconsistency exists between these terms and any other documentation.
Payment of any invoice implies acceptance of the following terms and conditions in full.
1.0 Validity: Quotations are valid for 7 days from the date the quote or proposal is sent, unless otherwise stated
2.0 Payment terms: Invoices will be sent prior to the commencement of Service and unless otherwise stated on the invoice the standard payment terms are as follows:
2.1 Material costs are to be paid 100% upfront upon agreement of quoted price
2.2 Websites – 50% deposit payment is required to begin design and development. Services cannot begin until this payment has been received. This deposit is also non refundable. A further 25% is required upon presentation of the first ‘live’ website stage, and the remaining 25% is due to be paid prior to the site going live. A website will not be made live until full payment has been received.
2.3 Ongoing Brand Management / Monthly support – must be paid in full at the beginning of the invoiced period (usually one month). H&E Group reserve the right to halt marketing services if invoices are unpaid during the period.
In the case of any account being referred to a debt collection company, all legal and recovery cost will be charged to the client.
3.0 Cancellation: Termination or suspension of this contract must be done in writing within reasonable time. In the case of Monthly Brand Management and Marketing Support, one month’s notice must be given. H&E Group reserves the right to recover any losses, damages or expenses incurred prior to termination or as a result of termination. No refund of monies paid will be made if accounts are terminated within the month at the instruction of the client.
4.0 Intellectual Property: All documentation including proposals, strategy, reports, scopes, electronic copies and information in connection with or arising from the Service is the property of H&E Group, until such time as the final invoice has been paid in full. All Services provided by H&E Group are done in the strictest of confidence.
5.0 Breach of contract: If the client breaches the contract in any form H&E Group shall be entitled to retain any information and documentation. In the occurrence of any breach of contract, cancellation or non-payment, all documentation must be returned within 7 days.
6.0 Commencement & Completion Date: H&E Group will only commence Service once satisfied that they are in receipt of all required information and documentation from the client, and the clients’ agents if applicable, inclusive of a signed letter of acceptance, or digital acceptance, of the Proposal and consultancy agreement. The client indemnifies H&E Group from any damages as a result from delays in Service. The client indemnifies H&E Group from any damages as a result of its agents.
7.0 Professional Indemnity: H&E Group agents & activities are covered by professional indemnity insurance and can provide certificate of currency on request.
8.0 Liability: H&E Group is indemnified against any claim by, or liability to, a third party arising from, in respect of or in connection with the Services and all expenses we incur defending or settling such claim or liability.
9.0 Additional work: If H&E Group are required to complete additional work above and beyond quoted amount in relation to original scope, the client must provide in writing within reasonable time, confirmation of a variation order. Work will not commence until agreement of price for relevant additional work has been made. H&E Group reserves the right of not undertaking any additional work.
10.0 Clients obligation to provide information: The client or its agent must provide H&E Group with all required information for the provision of the Services. Inclusive of all documentation, relevant briefs, artwork, electronic resources, written acceptance of Proposal and consultancy agreement, any background information and any information that will impact on the Service. H&E Group do not accept any liability in connection with information provided by the client the client’s agent and it is taken to be accurate, correct and true.
11.0 Publication: H&E Group reserves the right to publish articles, photographs, designs and other illustration relating to this Service. H&E Group will keep all personal information confidential unless required to be provided by law.
12.0 Work limits: H&E Group are responsible for completing work written in the Proposal only. The engagement of Service is also subjected to any exclusion or conditions written within Proposal document.
Agent: Any personnel or entity acting on the behalf of the client or H&E Group;
Agreement: The agreement executed by the parties in connection with the Service, including this consultancy agreement and Proposal;
Client: The person or entity who has engaged the Service of H&E Group;
Documentation: Written or electronic information pertaining to the Service;
Terms: The terms of engagement;
Liability: Means liability for loss or damage, whether arising under, in connection with or for the breach of the agreement, or in connection with the performance or non-performance of the Services and any additional Service, whether such liability arises in contract, in tort including negligence, under statute or otherwise, and whether arising in connection with one or more events;
H&E Group: Means H&E Group Australia Pty Ltd (ABN 55 613 765 816).
Proposal: Proposal or quote of work and price to engage for described Service.
Materials: Product and services purchased from 3rd party suppliers on behalf of the client in order to deliver the Services.
Services: The provision of marketing management or website consultancy pertaining to the Proposal.
Version 1.1 1st March 2017