We, and similar expressions, refer to Housley Communications Pty Limited (ACN 126 182 885). You, and similar expressions, refer to you, our proposed customer.
1. Quotations and proposals. Any quotation or proposal we provide is not an offer capable of acceptance. Without limiting those general words, any quote or proposal will become stale after 6 months.
2. Not obliged to accept registration. We are not obliged to accept any proposal or application from you.
3. Our conditions always apply. If we do supply goods or services to you (whether or cash, or on credit) these conditions apply.
4. Our conditions overrule any other form. These conditions prevail even if they are inconsistent with anything in any earlier or later form or other document.
5. Payment. Unless we agree otherwise, payment for any goods or services to be provided by us, must be as follows. Payment must be made at least one week in advance in each case. However, where we so agree in relation to particular goods or services, only 50% is payable in advance, and the balance must be paid within 7 days after the goods have been provided or service has been rendered.
6. Delivery costs. You must pay all freight, packing, delivery and insurance costs if we agree to deliver any goods (such as course materials) to you.
7. Credit. We may decide to give you credit, but we are not obliged to do so merely because we have previously given you credit. If we decided to give you credit, you must pay within 30 days of the due date and you are bound by these conditions and any additional condition that we set in giving you credit. We may decline to give you further credit at any time. If we do so, that does not affect the conditions which apply to any amounts which you then owe to us.
8. Overdue payments. If any amount you owe us is not paid within 7 days of the due date then: all money that you owe us on any account becomes immediately payable despite any previously agreed credit conditions; we may suspend performance of or cancel any outstanding agreements; and you must pay interest to us at 8% per annum on any overdue payment. Interest is calculated as follows: commencing on the 7th day after the due date for the overdue payment on the balance of the overdue payment; up to and including the day of payment of the overdue amount, or (if that is not a normal working day for us) up to our next normal working day. You must pay us an amount of interest which is payable, immediately when we ask.
9. Our warranty for services. If you are not satisfied with the quality of any service we provide to you for which you have paid, then, at your option, we will either provide that service to you again, or refund or credit the monies you have paid. For this warranty to apply, we must receive written notification from you within 7 days after the service has been provided.
10. Circumstances in which our warranty does not apply. However, in the case of any service we provide to you for less than our normal fee, your entitlement under the above warranty is limited to a refund or credit (at your option) of any amount you have paid and you are not entitled to choose to have us provide the service again.
11. Full liability for injury or physical damage. We do not seek to limit our legal liability for any personal injury, or for any reduction in the value of physical property (things that can be touched), which is caused by our negligence (accidental lack of care). However, where we are liable for personal injury or for the reduction in value of physical property, we are not liable for any associated indirect or consequential loss or damage; without limiting those general words, in those cases we are not liable for lost profits, lost savings, lost time, loss of or damage to goodwill, loss of or damage to data or records, or claims made against you by others.
12. Unexpected delay. This clause applies if something happens which is beyond our reasonable control which makes it impossible, more difficult or more expensive for us to perform our obligations in our usual way. In those cases we may either cancel or modify our services or wait until it is again possible for us to perform our obligations in our usual way without additional difficulty or expense and we are not liable for any delay which results. That includes, but is not limited to, the rescheduling of any relevant service. Without limiting those general words, that applies where we have problems due to accidents, strikes, transport difficulties or stock shortages, late deliveries of our supplies.
13. Exclusion of implied conditions. The law implies various terms, conditions and warranties which might apply to us supplying goods or services to you. We exclude all of those conditions and warranties to the fullest extent permitted by law.
14. Competition and Consumer Act etc limits. Provisions of the Competition and Consumer Act and other statutes in some cases either cannot be excluded, restricted or modified; or can only be restricted or modified to a limited extent. If any provisions of those types do apply, then to the extent permitted by law our liability under those provisions is limited as follows. Our liability in relation to goods is limited at our option to replacement of the goods or the supply of equivalent goods; or repair of the goods; or payment of the cost of replacing the goods or of acquiring equivalent goods; or payment of the cost of having the goods repaired. Our liability in relation to services is limited at our option to the supplying of the services again; or the payment of the cost of having the services supplied again.
15. Other damages claims excluded. We are not liable for any damage for breach or negligence or otherwise, except as stated. Damage includes lost profits, lost savings, lost time, loss of or damage to goodwill, loss of or damage to data or records, and claims made against you by others. We are not liable for any loss or damage, even if connected with default or negligence by us, to the extent that the loss or damage was caused or contributed to by your own negligence or by the negligence of others.
16. Variations. We reserve the right to vary the proposed timing, place and content of any scheduled seminar, training course, presentation or the like from time to time, at our absolute discretion. We may do that provided we have reasonable grounds for believing that the varied arrangement is substantially similar to that previously offered or represents an improvement. We also reserve the right to vary the number of bookings to be taken.
17. Cancellation by you. You may cancel a registration for a seminar, training course, presentation or the like subject to the following. You must give us a cancellation notice in writing, and pay a cancellation fee as follows. If we receive proper notice, but less than 7 days in advance, you must pay a cancellation fee of 100% of the fees. If we receive proper notice more than 7 days in advance, you must pay a cancellation fee of 50% of the fees. We have the right to apply any payment we have received in advance, towards the cancellation fee. We may waive part or all of the cancellation fee where proper notice is received more than 14 days in advance. Where you have booked for a seminar, training course, presentation or the like, but are unable to attend, an alternate person may attend in your place provided they have any requisite qualifications.
18. Intellectual property. We or the relevant owner, retain full ownership of all intellectual property rights in and in relation to all materials we develop or supply. Any materials supplied to you must be used solely by you for your purposes alone. Any other use is not permitted without our prior permission. Materials may not be on-sold or copied or reused for further training. Additional copies may be available – please contact us for details.
19. Privacy. You consent to us collecting, disclosing and using your personal information in the manner and for the purposes set out below. You acknowledge that your personal information collected by us, will be primarily used by us to: enable us and any of our related companies to make an assessment of you and your credit rating, and for our subsequent administration; and for marketing to you. You consent to us and any of our related companies collecting, keeping and using your personal information in that manner. We need certain personal information about you to enable us to do the things mentioned above.
20. Amendment. These conditions can only be amended by one of our authorised officers signing a document which states the amendment, and the transaction to which the amendment applies.
21. Blanks. We may complete any blanks in any relevant document, on your behalf.
22. Applicable law. All of our transactions with you are governed by the law applicable in New South Wales, Australia