Terms & Conditions
TMC PRODUCTIONS PTY LIMITED
(T/A The Monkey’s Cobbler, Displayground)
ABN 33 148 942 741
PART A – STANDARD TERMS
(a) TMC Productions Pty Limited ABN 33 148 942 741 (“We, Our, Us or Company”) requires that all the following terms and conditions apply to all quotations and transactions made by the Company in respect of the supply of any of its good and services unless otherwise agreed in writing by the Company.
(b) The Company reserves the right at its sole discretion, to change, modify, add or remove any portion of these terms and conditions, in whole or in part, at any time. Notification of changes in these terms and conditions will be posted on the Site.
(c) You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site. You also agree that you will ensure that this information is kept up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
PART B – SERVICES
(a) You agree that the Services to be provided by Us are provided upon the terms and conditions in this Agreement.
(b) We shall use all reasonable commercial efforts to provide the Services in an efficient and timely manner using reasonable skill, care and diligence to an appropriate professional standard and in accordance with applicable laws.
(c) You are responsible for supplying all source materials, logos, images and other such matter as is required or requested for completion of the Services. Late Charges will be incurred to any materials items delivered by You later than date/s specified in the agreed Project Schedule. Exceptions will be made only when prior notification is given and approved by us, no later than time of booking. No new shows will be accepted from 10 business days prior to the event date. Changes are allowed to the show presentation at the STILLS and BUILD stages of client approvals, without incurring penalties up until 5 business days prior to the event. We will determine at the time of booking whether the approval BUILD stage will be made available to You. Any changes applied from 5 business days prior to the event date will incur a charge of $200.00 (excl. GST) per hour.
(d) We will not be liable for any delay in providing the Services where such delay is a consequence of any act or omission on Your part or on the part of any other third party.
PART C – CHARGES AND REFUND POLICY
(a) Our Charges are stated in various places on the Site and in this Agreement. The Charges shown on the Site, and the amount payable by You for Our Services, are based on the selections made by You and the information provided to Us at the time of placing Your registration and order for Our Services on the Site. Should you wish at any time to acquire additional Services or vary the Services that We provide to You, additional Charges will apply.
(b) Our Charges do not include costs for third party content, printing, couriers, postage, dubbing, filming, photography or any other third party goods or services unless included in the itemised description in the quotation.
(c) Once Your registration form and order has been submitted, We will provide a Project Schedule setting all relevant details of the Services to be provided by Us for your Specified Event.
(d) If You request and We agree to provide any additional goods and/or services or any variations to the goods or services that We provide to You, We may adjust Our Charges to take account of the costs of supplying any additional goods and/or services to You and You agree to pay any such adjusted Charges. Without limiting the foregoing, changes to the project scope, deliverables, and/or late corrections will incur extra Charges at the hourly rate of $200.00 (excl. GST). This includes any changes to an approved brief and/or design.
(e) You must pay all Charges to Us within 14 days of receipt of Our tax invoice unless otherwise agreed in writing by Us. No refunds or credits will be provided after 14 days of the account billing date. At Our sole discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by Us.
(f) Any payments by You must be made in Australian dollars in clear funds by way of electronic funds transfer to an account nominated by Us or in such other manner as We may agree in writing from time to time.
(g) You must pay interest to Us on any monies payable under this Agreement which may from time to time be overdue, and also any damages which You may be liable to pay to Us, at a rate equal to 1% per month, or the maximum amount allowed by law, if lower.
(h) Unless otherwise stated, all Charges payable under this Agreement are exclusive of goods and services taxes.
(i) You will be liable for 100% of any outstanding Charges in the event that You wish to cancel all or any of Our Services at any time after You purchase Our Services on Our Site
PART D – INTELLECTUAL PROPERTY RIGHTS, LICENCE AND CONFIDENTIAL INFORMATION
(a) The Company retains all rights, including all trademarks, designs, copyright and intellectual property rights of any nature together with any underlying software code, in any goods and services and any related Documentation which it provides, including, but not limited to, any content, creative work, layout, presentation or similar that We provide to You in performance of the Services, and all improvements, enhancements, modifications to, or derivations from, those goods or services or Documentation.
(b) Subject to the terms and conditions of this Agreement, with effect from the date of first supply of the Services to You, We grant You a non-exclusive, non-transferable, non-sublicensable single use licence to use the Services purchased by You one time for a Specified Event. This licence does not include the right to use the Services independently of the Specified Event for which it was licensed. If You wish to use Our Services multiple times or for any other event or purpose, You must contact Us and obtain Our express written permission to use Our Services for that purpose and additional Charges will apply.
(c) Other than as expressly permitted by this Agreement, You must not:
(i) sell, transfer, assign, copy, modify or distribute the Services, including, any content, creative work, layout, presentation or similar that We provide to You in performance of the Services without Our prior written approval;
(ii) attempt to, or authorize any third party to, decompile, reverse engineer or otherwise attempt to gain access to the Services, the presentation, the content, the software, the software source code or unbundle any embedded software from any equipment;
(iii) remove any copyright or trademark notices on the Services or software;
(iv) alter, modify or copy the Documentation without Our prior written approval. Any permitted copies of the Documentation shall include Our copyright and other proprietary notices.
(d) You may receive proprietary and confidential information from Us in connection with this Agreement (Confidential Information). You agree to use Confidential Information solely for its intended purpose and not disclose any Confidential Information to any third party. You agree to use the same means to protect against unauthorized use and disclosure of Confidential Information that You use to protect Your own confidential information, and in no event less than a reasonable degree of care.
PART E – RISK AND LIABILITY
(a) The goods and services furnished under this Agreement are provided on an “as is” basis, without any warranties or representations express, implied or statutory, including, without limitation, warranties of accuracy, quality, performance, no infringement, merchantability or fitness for a particular purpose. All such warranties, including those of merchantability of or fitness for a particular purpose are, to the extent lawful, excluded
(b) To the extent that it is not lawful or possible to exclude conditions, warranties or rights implied or given in respect to this Agreement by law, Our liability for any breach of such implied conditions, warranties or rights will (but only to the extent allowed by law) be limited (at our option):
(i) in the case of goods supplied, to the replacement or repair of the goods or the supply of equivalent goods, the payment of the cost of repairing or replacing the goods or acquiring the equivalent goods;
(ii) in the case of services supplied, to the supplying of the services again or the payment of the cost of having the services supplied again.
(c) Without limiting the provisions of sub-clauses (a) and (b) above and despite any implications arising from any other clause in this Agreement, We are not liable to You in contract or in tort for, or in respect of, any direct or indirect loss or damage suffered by You or any other person arising out of any breach or other act or omission in connection with this Agreement.
(d) We are not liable for any failure to carry Our obligations under these terms and conditions where such failure is due to any cause beyond the reasonable control of the Company.
PART F – DEFAULT AND TERMINATION
A Default Event occurs if:
(a) You default in complying with any of Your other obligations under this Agreement and the default is not remedied within fourteen (14) days of Us giving You notice of the default;
(b) You are insolvent or unable to pay Your debts when they are due.
OUR RIGHTS IF YOU DEFAULT AND AT END OF THE AGREEMENT
(a) If a Default Event occurs, We will then be entitled to terminate the Agreement by written notice to You.
(b) At the end of the Agreement, however it is terminated, We are entitled to possession of any goods and services that We provide to You and You must promptly return all goods and services, Documentation and Confidential Information provided to You and stored in any medium.
(c) You will be obligated to pay an amount equivalent to:
(i) any Charges and any other monies then due but not paid;
(ii) Our costs of repossessing or attempting to repossess any goods or services; and
(iii) any other monies payable by You under this Agreement.
PART G – GENERAL PROVISIONS
(a) No delay or granting of time or other obligations by Us will affect Our rights to enforce Your obligations or exercise any right under this Agreement.
(b) No waiver by Us of Our rights will be implied from anything done or omitted by Us. Any express waiver by Us of any right will not be deemed to extend to any continuing or recurring default by You of Your obligations.
(c) Every provision of this Agreement is independent of every other provision. Any provision which is prohibited or unenforceable in any jurisdiction is, to the extent of the prohibition or unenforceability, deemed removed without invalidating, so far as possible, the remaining provisions.
(d) Any amendment to this Agreement must be reduced to writing and signed by the parties.
(e) This Agreement is governed by the law of the State of New South Wales, Australia and the parties submit to the jurisdiction of the court system of that State.
(f) If you have any questions, need further information as to the Site or Service provided by Us, or need to notify Us as to any matters relating to the Site or Service please contact Us at: firstname.lastname@example.org.
MEANINGS OF WORDS
Agreement means Our agreement with You including the Project Schedule and these terms;
Charges means all charges, costs and expenses payable by You under this Agreement;
Confidential Information has the meaning given in Part D.
Default Event means any of the events described in Part F.
Documentation means user manuals and other written materials for the Services provided by Us with respect to the use and maintenance of such Services.
Project Schedule means a Project Schedule to be provided by the Company to the Customer setting all relevant details of the Services to be provided by the Company and all relevant Charges;
Services means the services to be provided by the Company plus any other services we agree to supply to You.
Site means tmcproductions.com.au
Software shall mean any software supplied by the Company and delivered under this Agreement. The term “Software” shall also include any other new features, functionality or enhancements to the Software provided to You.
Specified Event means an award event or other event specified in Your registration form or in the Project Schedule (as applicable).
You, Your or Customer means the person named as the customer in the registration form.
We, Our, Us or Company means TMC Productions Pty Limited ABN 33 148 942 741 and/or any of its employees, servants or agents.