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Trading Terms

Trading Terms – On Point Support

Last updated: 1 February 2020

1. Definitions

1.1 ‘We’ (‘us’, ‘our’ and ‘the Business’) means On Point Support, it’s successors, assigns and any person acting on behalf of the authority of On Point Support.

1.2 ‘You’ (‘your’ and ‘the Client/s’) means the person/s, company or unincorporated association availing of the Services of the On Point Support.

1.3 ‘Website’ means www.onpointsupport.com.au

1.4 ‘Service’ means any service supplied by On Point Support to its Clients such as administrative, operations, marketing and sales.

1.5 ‘Agreement’ means the terms agreed and accepted between On Point Support and the Client.

2. Acceptance

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. Services

3.1 On Point Support provides you with a platform to outsource your business’ tasks, projects or ongoing work. We provide solutions to the following:

3.1.1. Virtual Marketing and Sales

3.1.2. Virtual Administration and Operations

3.1.3. Virtual EA and PA

3.1.4. Virtual Reception

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 Pricing

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.

4.3 Services

Services include but are not limited to these four service categories.

Requests for work may include but are not limited to these categories.

4.3.1. Virtual Marketing and Sales

4.3.1.1. This service entitles you to

(a) Sales support and inbound sales

(b) Internet research

(c) Lead generation

(d) Customer relationship management (CRM).

4.3.2. Virtual administration and Operations

4.3.2.1. This service entitles you to

(e) Seamless client/customer service

(f) Job scheduling

(g) Email and document templates

(h) Procedures and processes

(i) Invoicing

(j) Reporting.

4.3.3. Virtual EA and PA

4.3.3.1. This service entitles you to

(k) Diary and email management

(l) Travel arrangements

(m) Agendas and minutes, charting, presentations and other documents

(n) Proofreading

(o) Transcription.

4.3.4. Virtual Reception

4.3.4.1. This service entitles you to

(p) Handle incoming phone calls as required

(q) Dedicated phone line, transfers and after-hours voicemail

(r) Customised greeting and script

(s) Standard messages include caller name, contact details and reason for

call

(t) Additional optional features.

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. Price

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’s

opinion the Client will be unable to make a payment when it falls due;

(b) any Client becomes insolvent or bankrupt, 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

(c) a receiver, manager, liquidator (provisional or otherwise) or similar person

is appointed in request of the Client or any asset of the Client.

12. Cancellation

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 of

this 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 the

preceding 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/or

status in relation to the provision of Services; and/or

(c) processing of any payment instructions, direct debit and/or credit facilities

requested 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 Client

including 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 credit

provider;

(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 the

amount requested);

(f) advice of consumer credit defaults, overdue accounts, loan repayment or

outstanding monies which are overdue by more than sixty (60) days and for

which written notice for request or payment has been made and debt

recovery action commenced or alternatively that the Client no longer has

any overdue accounts and the Business has been paid or otherwise

discharged and all surrounding that discharge (e.g. dates of payment);

(g) information that, in the opinion of the Business, the Client has committed a

serious infringement;

(h) advice that the amount of the Client’s overdue payment is equal to or more

than 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 the

right to request that the Business correct any incorrect information about

the Client retained by the Business and the right to request that the

Business 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. General

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.