Last updated: 01 January 2022
1.1 ‘We’ (‘us’, ‘our’ and ‘the Business’) means FWD Focus, it’s successors,assigns and any person acting on behalf of the authority of FWD Focus.
1.2 ‘You’ (‘your’ and ‘the Client/s’) means the person/s, company or unincorporated association availing of the Services of the FWD Focus.
1.3 ‘Website’ means www.fwdfocus.com.au
1.4 ‘Service’ means any service supplied by FWD Focus to its Clients such as marketing consulting, services and management.
1.5 ‘Agreement’ means the terms agreed and accepted between FWD Focus and the Client.
2.1 Any instructions received from you by us for the supply of Services and/or your acceptance of Services supplied by us shall constitute acceptance of the terms and conditions contained herein.
2.2 You are taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if you avail of the Service provided by us.
2.3 These terms and conditions may only be amended with our consent in writing and it shall prevail to the extent of any inconsistency with any other document on agreement between you and us.
2.4 These terms and conditions are meant to be read in conjunctions with the Terms and Conditions posted on the Website. If there are any inconsistencies between the two documents, then the Trading Terms contained in this document shall prevail.
3.1 FWD Focus provides you with solutions to the following:
3.1.1. Marketing Consulting
3.1.2. Marketing Services
3.1.3. Marketing Management
3.2 We will be reviewing each job details to ensure it meets these Trading Terms.
3.3 We reserve the right to reject any job that breaches these Trading Terms.
3.4 We may contact you if we need further information and/or clarification.
4. Pricing, Payment Terms and Packages
4.1.1. Prices will be indicated with the Amount plus GST, e.g. $100 plus GST
4.2 Payment Terms
4.2.1. You agree to pay the total price before any services are delivered or acquired;
4.2.2. Unless agreed otherwise between you and the Business.
Services include but are not limited to these three service categories. Requests for work may include but are not limited to these categories.
4.3.1. Marketing Consulting
220.127.116.11. This service entitles you to marketing consulting on an agreed arranged basis.
4.3.2. Marketing Services
18.104.22.168. This service entitles you to(a) Content Marketing(b) Video Creation and Marketing(c) Social Media Marketing(d) Brand Identity & Graphic Design(e) Market Research(f) Business Developmentfor aspects of work in one or more of these areas as agreed.
4.3.3. Marketing Management
22.214.171.124. This service entitles you to
management of one or more marketing activities as agreed.
5. The Client
5.1 Must provide all relevant information at the point of contact to us;
5.2 Once registered and a service is purchased, we will start work for you;
6. Electronic Transactions Act 2000
6.1 Electronic signatures shall be deemed to be accepted by either party provided that it complies 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.
6.2 Electronic communication in the form of email is an accepted form of written communication for this agreement.
7. Change in Control
The Client shall give the Business not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact telephone or fax number/s, or business practice). The Client shall be liable for any loss incurred by the Business as a result of the Client’s failure to comply with this clause.
8.1 The Business’s sole discretion and Price shall be as indicated on invoices provided by the Business to the Client in respect of Services availed.
8.2 The Business reserves the right to change the Price:
8.2.1. If a variation to the services which are to be supplied is requested; or
8.2.2. In the event of increase in the cost of third-party provider or any other related matters in connection with the Service which are beyond the Business’s control.
8.3 Time for payment for the Service being of the essence, the Price will be payable by the Client on the date/s determined by the Business, which will be the date specified on any invoice or other form as being the date for payment.
8.4 Payment may be made by electronic transaction.
8.5 Receipt by the Business of any form of payment other than cash shall not be deemed to be payment until it has been honoured, cleared or recognised.
8.6 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to the Business an amount equal to any GST. The Client must pay for any supply by the Business under this or any other agreement for the Services provided. The Client must pay GST, without deduction or set off 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.
9. Delivery of Services
9.1 At the sole discretion of the Business, delivery of the Services shall take place when all relevant information and access is provided.
9.2 The Business shall not be liable for any loss or damage whatsoever due to failure by the system to deliver the Services (or any of them) promptly or at all were due to circumstances beyond the control of the Business.
10. Security and Charge
10.1 In consideration of the Business agreeing to supply Service, 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).
10.2 The Client indemnifies the Business from and against all the Business’s costs and disbursement including legal costs on a solicitor and own client basis incurred in exercising the Business’s rights under this clause.
10.3 The Client irrevocably appoints the Business and each director of the Business as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 8 including, but not limited to, signing any document on the Client’s behalf.
11. Default and Consequences of Default
11.1 If you owe us any money, you shall indemnify us from and against all costs and disbursements incurred by us in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, our contract default fee, and bank dishonour fees).
11.2 Further to any rights or remedies we may have, if at any time under this contract, if you have made payment to us, and the transaction is subsequently reserved, you shall be liable for the amount of the reserved transaction, in addition to any further costs
incurred by us under this clause 11 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to your obligations under this agreement.
11.3 Without prejudice to any other remedies we may have, if at any time you are in breach of any obligation (including those relating to payment) under these terms and conditions we may suspend or terminate its Services to you. We will not be liable to you for any loss or damages you suffers because we has exercised its rights under this clause.
11.4 Without prejudice to our other remedies at law we shall be entitled to cancel any part of any Service to you which remains unfulfilled and all amounts owing to the Business shall, whether or not due payment become immediately payable if:
(a) any money payable to the Business becomes overdue, or in the Business’sopinion the Client will be unable to make a payment when it falls due;
(b) any Client becomes insolvent or bankrupt, convenes a meeting with itscreditors or proposes or enters into an arrangement with creditors, or makesan assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar personis appointed in request of the Client or any asset of the Client.
12.1 The Business may cancel any contract to which these terms and conditions apply or cancel delivery of Service at any time before the Services are delivered by giving written notice to the Client. On giving such notice the Business shall repay to the Client any sums paid in respect of the Price, less any amounts owing by the Client to the Business for Services already delivered. The Business shall not be liable for any loss or damage whatsoever arising from such cancellation.
12.2 In the event that the Client cancels the Service, the Client shall be liable for any loss incurred (whether direct or indirect) by the Business as a direct result of cancellation (including, but not limited to, any loss of profits).
12.3 Cancellation of Service by the Client is subject to the stipulations under our service agreement.
13. Privacy Act 1988
13.1 The Client agrees for the Business to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Client in relation to credit provided by the Business.
13.2 The Client agrees that the Business may exchange information about the Client with those credit providers and with related body corporates for the following purposes:
(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange the information with other credit providers as to the status ofthis credit account, where the Client is in default with other credit providers;and/or
(d) to assess the creditworthiness of the Client’s repayment history in thepreceding two years
13.3 The Client consents to the Business being given a consumer credit report to collect overdue payment to commercial credit.
13.4 The Client agrees that personal credit information provided may be used and retained by the Business for the following purposes (and for other agreed purposes or required by):
(a) the provisions of Services; and/or
(b) analysing, verifying and/or checking the Client’s credit, payment and/orstatus in relation to the provision of Services; and/or
(c) processing of any payment instructions, direct debit and/or credit facilitiesrequested by the Client; and/or
(d) enabling the collection of amounts outstanding in relations to the Services.
13.5 The Business may give information about the Client 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 Clientincluding credit history.
13.6 The Business may give information about the Client to a CRB for the following purposes:
The information given to the CRB may include:
(a) personal information as outlined in 12.1 above;
(b) name of the credit provider and that the Business is a current creditprovider;
(c) whether a credit provider is licensee;
(d) type of consumer credit;
(e) details concerning the Client’s application for credit or commercial credit(e.g. date of commencement/termination of the credit account and theamount requested);
(f) advice of consumer credit defaults, overdue accounts, loan repayment oroutstanding monies which are overdue by more than sixty (60) days and forwhich written notice for request or payment has been made and debtrecovery action commenced or alternatively that the Client no longer hasany overdue accounts and the Business has been paid or otherwisedischarged and all surrounding that discharge (e.g. dates of payment);
(g) information that, in the opinion of the Business, the Client has committed aserious infringement;
(h) advice that the amount of the Client’s overdue payment is equal to or morethan one hundred and fifty dollars ($150).
13.7 The Client shall have the right to request from the Business;
(a) a copy of the information about the Client retained by the Business and theright to request that the Business correct any incorrect information aboutthe Client retained by the Business and the right to request that theBusiness correct any incorrect information; and
(b) that the Business does not disclose any personal information about the Client for the purpose of direct marketing
13.8 The Business will destroy personal information upon the Client’s request or if it is no longer required to be maintained and/or stored in accordance with the law.
13.9 The Client can make a privacy complaint by contacting the Business. The Business will respond to that complaint within seven (7) days of receipt and will take all responsible 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 www.oaic.gov.au
14.1 The failure by the Business to enforce any provisions of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Business’s right to subsequently enforce that provision. If any provisions 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.
14.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales, the state in which the Business has its principal place of business and are subject to the jurisdiction of the courts in that state.
14.3 The Business 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 a breach by the Business of these terms and conditions (alternatively the Business’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Services).
14.4 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 the Business nor to withhold payment of any invoice because part of that invoice is in dispute.
14.5 The Business may license or sub-contract any of its rights and obligations without the Client’s consent.
14.6 The Client agrees that the Business may amend these terms and conditions at any time. If the Business makes a change to these terms and conditions, then that change will take effect from the date which the Business notifies that Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for the Business to provide any Services to the client.
14.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
14.8 The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.
14.9 We make no warranties that the Services are fit for purpose.
14.10 We are not liable for any injury, death or other damage that arises during the installation of our Services nor from the use of our Services.
14.11 If any term in this agreement is found to be legally void, invalid or unenforceable this does not void the remaining terms of the agreement.
14.12 Any disagreement is to be attempted to be resolved by mediation at the Client’s expense prior to legal proceedings being commenced.
15. Limitation of Liability
15.1 The Client hereby disclaims any right to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Client by the Business and the Client acknowledges that the Services were availed relying solely upon the Client’s skill and judgment.
15.2 Insofar as the Client, notwithstanding provisions of this clause, may have any claim for damages against the Business, its servants or agents either on contract or in tort and whether arising from negligence or otherwise (it being the intention of this clause that no such damages may be recovered) the same shall be limited to an amount of Services actually paid by the Client in respect of that portion of the particular Services which gave rise to such claim.