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NO SALE NO PAY ACCOUNT TERMS AND CONDITIONS

All details as shown below except where specific details and terms agreed in writing from Surroundpix Pty Ltd


Signature of authorised ordering staff member will be required on each orderform. 
Ordering staff member must have signed an agreement to the terms and conditions
An invoice will be sent upon order to the agent/agency for $99/$198 for the admin fee per property,  and it will specify the remaining credit amount to be paid if the property sells. 
The admin fee is non refundable and is due to be paid within 7 days from ordering.
I hereby agree authorise Surroundpix Pty Ltd to charge this fee upon unconditional exchange of contracts for the properties ordered.

I understand and agree I am personally liable for this debt if the bill is not paid under the terms and conditions of this offer as agreed.

I understand I am liable for any collection fees accumulated in addition to this bill if I do not pay within the period allowed by the terms.

I agree that I will notify Surroundpix Pty Ltd when the property is off market, withdrawn, deposit taken or sold to facilitate invoicing.

I understand that if the property listed does not sell, then I have no further obligation to pay.
Surroundpix - Surroundpix Pty Ltd reserves the right to offer the vendor to purchase the media products in the event the agent does not sell the property. 
We will only do this once notified of the property being withdrawn from your sales list. Vendors have no obligation to purchase, but may  choose to buy the media pack themselves. Its also prevents the next agent from using this media for free. 
If they choose not to purchase the media, then the media is not to be used for marketing the property. If the media provided by surroundpix  is used in any subsequent marketing by the seller, then this bill is instantly due and payable by them regardless of it being sold or not. 
1. Definitions
1.1 "Surroundpix" shall mean Surroundpix Pty Ltd T/A Surroundpix its successors and assigns or any person acting on behalf of and with the authority of Surroundpix Pty Ltd
T/A Surroundpix.
1.2 "Client" shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorisation or other form as  provided by Surroundpix to the Client. 
1.3 "Guarantor" means that person (or persons), or entity, who agrees to be liable for the debts of the Client on a principal debtor basis.
1.4 "Services" shall mean all Services supplied by Surroundpix to the Client and includes any advice or recommendations.
1.5 "Price" shall mean the price payable for the Services as agreed between Surroundpix and the Client in accordance with clause 11 of this contract.
2. Acceptance
2.1 Any instructions received by Surroundpix from the Client for the supply of Services and/or the Client's acceptance of Services supplied by Surroundpix shall constitute acceptance  of the terms and conditions contained herein. 
2.2 Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent of Surroundpix.
2.4 The Client shall give Surroundpix not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client if a corporation or any change in the
Client's name and/or any other change in the Client's contact details. The Client shall be liable for any loss incurred by Surroundpix as a result of the Client's failure to comply with  this clause. 
2.5 Services are supplied by Surroundpix only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Client's order
notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.
3. Price And Payment
3.1 At Surroundpix's sole discretion the Price shall be either:
(a) as indicated on invoices provided by Surroundpix to the Client in respect of Services supplied; or
(b) Surroundpix's current price as at the date of the delivery of the Services according to Surroundpix's current Price list; or
(c) Surroundpix's quoted Price (subject to clause 11) which shall be binding upon Surroundpix provided that the Client shall accept Surroundpix's quotation in writing within thirty  (30) days. 
3.2 Surroundpix reserves the right to change the Price in the event of a variation to Surroundpix's quotation.
3.3 It is the Client's responsibility to notify Surroundpix immediately on the day that the sale of the said property becomes unconditional and binding upon the Client.
Surroundpix shall issue an invoice immediately on receipt of such advice.
3.4 Time for payment for the Services shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due fourteen (14) days  following the date of the invoice. 
3.5 Payment will be made by cheque, or by bank cheque, or by credit card (plus a surcharge of up to three percent (3%) of the Price), or by electronic funds transfer, or by any  other method as agreed to between the Client and Surroundpix. 
3.6 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
4. Delivery Of Services
4.1 At Surroundpix's sole discretion delivery of the Services shall take place when the Client takes possession of the Services at the Client's nominated address (in the event that  the Services are delivered by Surroundpix or Surroundpix's nominated carrier). 
4.2 At the Client's request, Surrounpix shall deliver the services either:
(a) by standard delivery, on the second day following the photography shoot; or
(b) by Express Turnaround, on the day following the photography shoot.
4.3 At Surroundpix's sole discretion the costs of Delivery are:
(a) included in the Price; or
(b) in addition to the Price; or
(c) for the Client's account.
4.4 Delivery of the Services to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.
4.5 The failure of Surroundpix to deliver shall not entitle either party to treat this contract as repudiated.
4.6 Surroundpix shall not be liable for any loss or damage whatsoever due to failure by Surroundpix to deliver the Services (or any of them) promptly or at all where due to
circumstances beyond the control of Surroundpix.
5. Client's Disclaimer
5.1 The Client hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to the Client by  Surroundpix and the Client acknowledges that the Services are bought relying solely upon the Client's skill and judgement. 
6. Risk
6.1 If Surroundpix retains ownership of the Services nonetheless, all risk for the Services passes to the Client on delivery.
6.2 The quality of media services provided by Surroundpix shall be of a professional standard and usable in promotion of the property for sale or auction. The Client agrees that  payment shall not be withheld or discounted due to the subjective opinions or lack of perceived artistic merit. 
7. Title
7.1 Surroundpix and the Client agree that ownership of the Services shall not pass until:
(a) the Client has paid Surroundpix all amounts owing for the particular Services; and
(b) the Client has met all other obligations due by the Client to Surroundpix in respect of all contracts between Surroundpix  and the Client. 
7.2 Receipt by Surroundpix 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 and until  then Surroundpix's ownership or rights in respect of the Services shall continue. 
8. Errors and Omissions
8.1 The Client shall inspect the Services on delivery and shall within five (5) days of delivery (time being of the essence) notify Surroundpix of any alleged defect, shortage in  quantity, errors, omissions or fai lure to comply with the description or quote. The Client shall afford Surroundpix an opportunity to inspect the Services within a reasonable time following delivery if the Client believes the Services are defective in any way. If the Client shall fail to comply with these provisions, the Services shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage. For defective Services, which Surroundpix has agreed in writing that the Client is entitled to reject, Surroundpix's liability is limited to either (at Surroundpix's discretion) replacing the Services or repairing the Services, except where the Client has acquired Services as a consumer within the meaning of the Trade Practices Act 1974 (CWlth) or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer's discretion either a refund of the purchase price of the Services, or repair or replacement of the Services. 
9. The Commonwealth Trade Practices Act 1974 ("TPA") and Fair Trading Acts ("FTA")
9.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia,  except to the extent permitted by those Acts where applicable. 
10. Intellectual Property
10.1 Where Surroundpix has designed, drawn, written or created photographs, copy or materials for the Client, then the copyright in such photographs, copy or materials shall remain  vested in Surroundpix, and shall only be used by the Client at Surroundpix's discretion. 
10.2 The Client warrants that all designs or instructions to Surroundpix will not cause Surroundpix to infringe any patent, registered design or trademark in the execution of the  Client's order and the Client agrees to indemnify Surroundpix against any action taken by a third party against Surroundpix in respect of any such infringement. 
10.3 The Client hereby authorises Surroundpix to utilise images of the Goods designed or drawn by Surroundpix in advertising, marketing, or competition material by Surroundpix.
10.4 Disks, artwork and film supplied by the Client and/or other authorised persons remain the property of the Client. Unless otherwise indicated in writing Surroundpix shall  assume these disks, artwork and film to be duplicate copies of the original. 
10.5 Surroundpix retains ownership of all photographs, copy, and materials produced or created by Surroundpix during the provision of Services, however Surroundpix
shall grant the Client a royalty free license to use such photographs, copy or materials in any media for promotional purposes only in selling the Clients property until the
expiration of the 2 year credit period, at which time if no payment has been received by Surroundpix, all photographs, copy or materials may no longer be used by the Client in
any way.
11. Default & Consequences of Default
11.1 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 one half percent (2.5%) per calendar  month (and at Surroundpix's sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 
11.2 In the event that the Client's payment is dishonoured for any reason the Client shall be liable for any dishonour fees incurred by Surroundpix.
11.3 If the Client defaults in payment of any invoice when due, the Client shall indemnify Surroundpix from and against all costs and disbursements incurred by Surroundpix in  pursuing the debt including legal costs on a solicitor and own client basis andSurroundpix's collection agency costs. 
11.4 Without prejudice to any other remedies Surroundpix may have, if at any time the Client is in breach of any obligation (including those relating to payment),
Surroundpix may suspend or terminate the supply of Services to the Client and any of its other obligations under the terms and conditions. Surroundpix will not be liable to the Client  for any loss or damage the Client suffers because Surroundpix has exercised its rights under this clause. 
11.5 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent
(10%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
11.6 Without prejudice to Surroundpix's other remedies at law Surroundpix shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all  amounts owing to Surroundpix shall, whether or not due for payment, become immediately payable in the event that: 
(a) any money payable to Surroundpix becomes overdue, or in Surroundpix's opinion the Client will be unable to meet its payments as they fall due; or
(b) 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 
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
12. Security And Charge
12.1 Despite anything to the contrary contained herein or any other rights which Surroundpix may have howsoever:
(a) where the Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to
mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to Surroundpix or Surroundpix's nominee to secure all amounts and
other monetary obligations payable under these terms and conditions. The Client and/or the Guarantor acknowledge and agree that Surroundpix (or Surroundpix's nominee)  shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met. 
(b) should Surroundpix elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify Surroundpix from and  against all Surroundpix's costs and disbursements including legal costs on a solicitor and own client basis. 
(c) the Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint Surroundpix or Surroundpix's nominee as the Client's and/or Guarantor's true and  lawful attorney to perform all necessary acts to give effect to the provisions of this clause 11. 
13. Cancellation
13.1 Surroundpix may cancel any contract to which these terms and conditions apply or cancel delivery of Services at any time before the Services are delivered by giving written  notice to the Client. On giving such notice Surroundpix shall repay to the Client any sums paid in respect of the Price. Surroundpix shall not be liable for any loss or damage whatsoever arising from such cancellation. 
13.2 In the event that the Client cancels delivery of Services the Client shall be liable for any loss incurred by Surroundpix  (including, but not limited to, any loss of profits) up to the time of cancellation. Minimum cancellation fees shall apply as follows: 
(a) cancellation before 4pm the day before the appointment - no cancellation fee.
(b) Cancellation after 4pm the day before the appointment - 25% of the Price shall be payable.
(c) Cancellation within one (1) hour of the appointment time - 50% of the Price shall be payable.
14. Privacy Act 1988
14.1 The Client and/or the Guarantor/s agree for Surroundpix to obtain from a credit reporting agency a credit report containing personal credit information about the Client and  Guarantor/s in relation to credit provided by Surroundpix. 
14.2 The Client and/or the Guarantor/s agree that Surroundpix may exchange information about the Client and the Guarantor/s with those credit providers either named as trade  referees by the Client or named in a consumer credit report issued by a credit reporting agency 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 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 credit worthiness of Client and/or Guarantor/s.
14.3 The Client consents to Surroundpix being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
14.4 The Client agrees that personal credit information provided may be used and retained by Surroundpix for the following purposes and for other purposes as shall be
agreed between the Client and Surroundpix or required by law from time to time:
(a) provision of Services; and/or
(b) marketing of Services by Surroundpix, its agents or distributors in relation to the Services; and/or
(c) analysing, verifying and/or checking the Client's credit, payment and/or status in relation to provision of Services; and/or
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
(e) enabling the daily operation of Client's account and/or the collection of amounts outstanding in the Client's account in relation to the Services.
14.5 Surroundpix may give information about the Client to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Client; and/or
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
14.6 The Client consents to Surroundpix disclosing the Clients contact details to Real Estate Agents and/or Solicitors as required in the due course of carrying out the Services.
15. General
15.1 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. 
15.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New  South Wales. 
15.3 Surroundpix 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 Surroundpix of these terms and conditions. 
15.4 In the event of any breach of this contract by Surroundpix the remedies of the Client shall be limited to damages which under no circumstances shall exceed the Price of the  Services. 
15.5 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 Surroundpix nor to withhold payment of any  invoice because part of that invoice is in dispute. 
15.6 Surroundpix may license or sub-contract all or any part of its rights and obligations without the Client's consent.
15.7 Surroundpix reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then  that change will take effect from the date on which Surroundpix notifies the Client of such change. 
15.8 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.
15.9 The failure by Surroundpix to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Surroundpix's right to  subsequently enforce that provision. 
16. Application of these terms to all orders from the Client
16.1 These terms and conditions shall be applied to all signed or faxed orders from authorised staff to Surroundpix.
17 Admin Fee
17.1 The client agrees to pay the non refundable admin fee of $99/$198 per order, or as agreed in writing from Surroundpix.

Head Office

Level 2,
72 Pitt Street
Sydney NSW 2000

Contacts

Email: info@surroundplan.com.au

Phone:
1300 30 32 40

Links

Surroundpix