These terms set out the conditions on which AV 24/7 Pty Ltd ('AV 24/7') ACN 131 899 600 or any of its Related Bodies Corporate offers its services to you ("the Customer"). Unless otherwise specifically agreed in writing by AV 24/7, all orders placed by the Customer with AV 24/7 for supply of Goods and Services will be on the following terms and conditions.
AV 24/7 services involve the planning, execution and provision of lighting, audio, vision, staging and presentation apparatus for corporate and/or formal events. These Services include providing Goods for hire in the form of equipment and staging. This website is owned and operated by AV 24/7.
1.1 Parties to this Agreement
The following terminology applies to these Terms and Conditions: the terms "we", "us" and "our" refer to AV 24/7 and the terms "you", "your", "customer" and "purchaser" refers to you, the person accepting our terms.
1.2 Agreement to the Terms
By accessing this website and engaging in our Services, you agree that you accept the terms and conditions laid out below in full. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of our Services.
1.3 Changes to this Agreement
AV 24/7 reserves the right to update, change or replace any part of these terms by posting updates to our website. It is your responsibility to refer to this page to identify any changes. Any changes made to the website will also be subject to the Terms of Service. Your continued use of or access to the Services and website following the posting of any changes constitutes acceptance of those changes.
In order to use our Services, you must:
(i) be capable of entering into a legally binding contract;
(ii) have a valid address;
(iii) have a valid email address or phone number;
(iv) have access to a payment method e.g. credit/debit card
(v) confirm that you have read and understood our terms and conditions;
(vi) if entering into this Agreement on behalf of another entity, you confirm that you have authority to do so; and
(vii) be 18 years and older.
2. DEFINITIONS & INTERPRETATIONS
In this Agreement, the following terms have their corresponding meaning:
Agreement means this Agreement containing the terms and conditions.
Delivery Date means the date on which the Goods are to be delivered by AV 24/7 to the Delivery Location specified by the Customer as described within the Schedule.
Delivery Location means the site without the Goods are to be installed and operated during the Term as described in the Schedule.
Dry Hire means alternative method for supply of the Goods to a Customer in circumstances where AV 24/7 has, in its sole discretion, approved the Customer for a Dry Hire arrangement. The specific terms for delivery and return of the Goods for a Dry Hire arrangement are contained in this Agreement and all other provisions contained herein continue to apply to a Dry Hire arrangement.
Goods means the goods all equipment to be provided by AV 24/7 to the Customer pursuant to this Agreement as described in the Schedule.
GST has the meaning ascribed to that term in the Act entitled A New Tax System (Goods and Services Tax) Act 1999.
Invoice Terms means the terms for payment of the Price on delivery of an invoice by AV 24/7 to the Customer.
Late Fee means the fee described in the Schedule to be charge by AV 24/7 to the Customer if the Customer fails to provide access to the Delivery Location, or to return the Goods, on the Return Date.
Payment Terms means the requirements for payment of the Price imposed by AV 24/7 on the Customer as described in the Schedule.
Price means the total price charged by AV 24/7 for the supply of the Goods and Services pursuant to this Agreement as described in the Schedule.
Re-Delivery Fee means the fee imposed by AV 24/7 for the re- delivery of the Goods and Services to the Customer if the Customer fails to provide access to the Delivery Location at the original agreed time for delivery and the Goods and Services are to be re-delivered at an alternative time or date.
Related Bodies Corporate has the meaning ascribed to that term in the Corporations Act 2001.
Return Date means the date for the return of the Goods to AV 24/7 as described in the Schedule.
Services means any and all services to be provided by AV 24/7 to the customer in relation to the Goods during the Term as described in the Schedule.
Schedule means the schedule appearing at the commencement of this Agreement.
Term means the period commencing on the date of this Agreement and ending on the return of the Goods to AV 24/7.
We agree to provide our Goods and Services to the Customer in accordance with the Payment Terms.
Provided the Customer has complied with the Payment Terms described in this Agreement, AV 24/7 will, on the Delivery Date, supply the Goods to the Delivery Location and provide the Services in respect of those Goods.
The Customer must ensure that access to the Delivery Location is made available to AV 24/7 for inspection on a date agreed by the parties prior to the Delivery Date.
AV 24/7 will, on the Return Date, attend at the Delivery Location for the removal of the Goods. The Customer acknowledges that the Return Date may fall on a weekend or public holiday and the Customer must ensure that access to the Delivery Location will be available for return of the Goods on that date.
If the Customer fails to provide to AV 24/7 access to the Delivery Location at the agreed time on the Delivery Date or the Return Date, additional fees made be imposed as described in this Agreement.
If the Customer wishes to extend the Return Date, the Customer must request the extension from AV 24/7 as soon as practicable. AV 24/7 may, in its sole discretion, refuse to approve any requested extension of the Return Date and is under no obligation to provide its reasons for doing so.
4. DRY HIRE
If AV 24/7 approves a Customer as being an experienced business operating the same or similar goods, AV 24/7 may, in its sole discretion, approve a Dry Hire arrangement in which case the various provisions of this Agreement specifically relating to a Dry Hire will apply. All other provisions of this Agreement continue to apply to any Dry Hire arrangement save for where specific provisions apply.
If this Agreement relates to a Dry Hire arrangement, the Customer must collect the Goods on the Delivery Date and must return the Goods to AV 24/7 on the Return Date.
If this Agreement relates to a Dry Hire arrangement and the Customer fails to return the goods to AV 24/7 on the Return Date, additional fees may be imposed as described in this Agreement.
If this Agreement relates to a Dry Hire arrangement and the Customer wishes to extend the Return Date, the Customer must request the extension from AV 24/7 as soon as practicable. AV 24/7 may, in its sole discretion, refuse to approve any requested extension of the Return Date and is under no obligation to provide its reasons for doing so.
The price for any Goods and Services provided by us is contained under the Schedule. Additional fees may be charged in any but not limited to the following:
(i) access to the Delivery Location not being provided;
(ii) Goods not being returned on the Return Date; or
(iii) any other unforeseeable or foreseeable hindrances to providing the Goods or Services.
In the event a Customer fails to provide access to the Delivery Location at the agreed time on the Delivery Date, a re-delivery fee may be applied by us.
If the Customer fails to provide to AV 24/7 access to the Delivery Location at the agreed time on the Return Date, AV 24/7 may charge the Customer a continuing rental fee for the Goods which will be calculated at the Price for the Goods on a pro rata basis from the Return Date until such time as AV 24/7 is granted access to the Delivery Location for the return of the Goods. A daily Late Fee may be imposed for every day after the Return Date that the Goods are not returned.
If this Agreement is a Dry Hire arrangement and the Customer fails to return the Goods on the Return Date, AV 24/7 may charge the Customer a continuing rental fee for the Goods which will be calculated at the Price for the Goods on a pro rata basis from the Return Date until such time as the Customer returns the Goods to AV 24/7. A daily Late Fee may be imposed for every day after the Return Date that the Goods are not returned.
The Price must be received by in full from the Customer 48 hours prior to the Delivery Date. If the payment Price has not been received in cleared funds by us, we at our sole discretion can elect to not provide the Goods and Services to you.
If you have an account with us, we can at our sole discretion allow for payment to occur pursuant to the Invoice Terms.
You the Customer agree to pay the Price pursuant to the Payment Terms.
You agree to provide us with access to the Delivery Location at the agreed time for the purposes of supplying our Goods and Services.
You accept responsibility regarding the whether the Goods are appropriate and acceptable for the intended purpose or event. You acknowledge and agree to the extent permitted by law that you have not only relied on representations, promises or undertakings by us or anyone affiliated with AV 24/7 except as expressly outlined in this Agreement.
The Goods must only be used for the purpose for which the Goods are supplied.
You acknowledge and agree that you will be responsible for any and all damage sustained to the Goods including but not limited to accidental damage, fire damage, vandalism and water damage. You agree that you will be liable for any losses and repair or replacement costs which will be charged by us in the event of any damage.
If this Agreement is a Dry Hire arrangement the Customer Warrants that it has sufficient skills and experience with the Goods to safely install and operate the Goods and takes full responsibility for the correct use of the Goods. The Customer must only use the Goods for the purpose for which the Goods are supplied and all Goods must only be operated in accordance with the manufacturer's instructions. If technical support is required by the Customer in respect of the Goods, AV 24/7 may provide such technical support by telephone at a charge to the Customer of $50 (plus GST) per call.
The Customer warrants:
(i) that it will obtain all necessary licences (including music licences) and approvals required for the use of any third party intellectual property in respect of its event.
(ii) not, unless this is a Dry Hire arrangement, and will not allow anyone else to, install, operate, change, unplug, pack down, move or remove any Goods or move Goods from the location where they have been installed by AV 24/7. If AV 24/7 provides its consent to the Customer dealing with the Goods, the Customer must follow the instructions of AV 24/7 precisely and correctly.
(iii) keep the Goods safe and ensure that the location at which the Goods will be installed is a safe location for the installation and use of the Goods.
(iv) keep the Goods in a careful and proper manner and prevent interference with the Goods.
(v) ensure that the Goods are kept at the Delivery Location and not moved without prior consent of AV 24/7.
(vi) not to sell, charge, pledge or part with possession of the Goods.
9. TITLE AND RISK
We at all times hold all rights, title and interest in the Goods. The Customer acknowledges and agrees that it has no interest in the Goods and shall claim no right, title or interest in the Goods.
The Customer acknowledges that its use of any licensed software accompanying the supply of the Goods and Services (including licence by Microsoft) is subject to the licence agreement for use of such software and the Customer accepts the terms and conditions of such licence.
Risk in the Goods immediately passes to the Customer when the Goods are leave the possession or control of AV 24/7 or its employees
We reserve the right to cancel, reschedule, alter the Agreement with respect to the use of our Services at our sole discretion within reason.
Cancellation requests by you must be made into writing at firstname.lastname@example.org no later than 30 days prior to the Delivery Date. Cancellation fees may be applied by us depending on the scale of our preparation for the Delivery Date.
Cancellation are further covered in Clause 17.
11. INTELLECTUAL PROPERTY
Our Services, website and content are the exclusive property of AV 24/7. The supply of the Goods and Services by AV 24/7 does not include any licence or consent for the use of any third party intellectual property including any copyright, design, trade mark, rights in or to play music or film, or in any graphic, printed or other material or media of any kind or use of any confidential information in any way used at or forming part of the Customer's event.
You acknowledges and agree that AV 24/7 can use photographs and images taken of the Customer's event and other materials created or provided for such event ("Materials") for promotional purposes including as examples of the work provided by AV 24/7 and in any brochure, newsletter, manual, report, website or other media, and such use may include the Customer's business or company name or other intellectual property as it appears in the Materials without liability or compensation to the Customer.
You agree that AV 24/7 may alter the Materials and AV 24/7 determines in its sole discretion including removing the name or other intellectual property of the Customer without obtaining the Customer's prior approval.
You agree that AV 24/7, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Goods procured using the service, or for any other claim related in any way to your use of the Service or any Goods, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Where the jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
13. FORCE MAJEURE
Except as required by law, AV 24/7 is not liable for any loss, inconvenience, damage, additional expense, injury, delay or any other claim of obligation in relation to acts beyond our reasonable control:
(i) Changes to event information, programme, performers or performance dates, including the cancellation or rescheduling of events;
(ii) Actions or omissions on the part of independent contractors or others outside of our control;
(iii) Unknown or unforeseen defects in any venue, vehicle, device or material; or
(iv) Events which are unforeseeable or not preventable by reasonable diligence on our part including, but not limited to: war, fire, floods, unusually severe weather, acts of God, acts of Government, acts of terrorism, accident, failure of machinery, labour disturbances and acts or omissions of telecommunications and delivery service operators beyond our reasonable control.
You are responsible to AV 24/7 for any loss, costs, expenses and damage incurred in connection with any claim or demand made by any third party arising out of your breach of this Agreement, or your breach of any law or of the rights of a third party relating to your use of our services and through any act of negligence on your behalf.
You agree to indemnify, defend and hold harmless AV 24/7 and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
We warrant that the Goods are of merchantable quality and fit for the purpose for which they were designed. All other warranties whether express, implied, statutory or otherwise, relating in any way to the Goods or Services are, to the extent permitted by law are excluded.
We will use reasonable endeavours to attend the Delivery Location at the agreed time for delivery of and return of the Goods. If AV 24/7 is delayed then the Customer will be notified but such delay will not entitle the Customer to terminate this Agreement.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
18.1 Immediate Termination
In the event AV 24/7 is unable to supply the Goods of Services to the Customer for any reason, AV 24/7 may immediately terminate this Agreement. If AV 24/7 is delayed by more than 24 hours in supplying the Goods and no alternative arrangement for supply of the Goods and Services has been agreed, the Customer may immediately terminate this Agreement. If this Agreement is terminated by AV 24/7 or the Customer, AV 24/7 will, within 14 days of termination, provide to the Customer a full refund of the Price (including any additional payments made by the Customer) pursuant to this Agreement.
18.2 Termination Prior to Delivery Date
In the event the Customer provides to AV 24/7 notice of its intention to terminate this Agreement, AV 24/7 may refund the Price and any other payments made by the Customer to AV 24/7 pursuant to this Agreement. The amount of refund that the Customer may be entitled to will depend on the notice period provided by the Customer as described below:
(i) More than 30 days' notice – 100% refund
(ii) More than 14 days' notice – 75% refund
(iii) More than 7 days' notice – 50% refund
(iv) More than 48 hours' notice – 25% refund
(v) Less than 48 hours' notice – No refund.
Any approved refund will be provided to the Customer within 14 days of receipt of the notice of termination. Each party acknowledges and agrees that any amount retained by AV 24/7 is in recovery of any loss or damage suffered by AV 24/7 as a result of the termination.
18.3 Termination by AV 24/7 – No Refund
We reserve the right to terminate this Agreement and recover Goods from the Customer in any but not limited to the following circumstances:
(i) Any breach of the Agreement;
(ii) The Delivery Location becoming unsafe or placing the Goods at risk;
(iii) Customer failure to honour payments pursuant to the Payment Terms;
(iv) the Customer becomes, threatens or risks entering into any form of insolvency; or
(v) death of the Customer.
AV 24/7 will not provide a refund upon termination in any of the above circumstances and any outstanding amount payable to AV 24/7 will immediately become due. We reserve all rights to recover any outstanding debts.
On termination AV 24/7 shall be released from any and all further obligations under this Agreement.
All notice is to be provided in writing and delivered in the following methods:
(i) electronic communication i.e. email;
19. INDEPENDENT LEGAL ADVICE
You agree that you have read and understood the terms of this Agreement and acknowledge that you have had the opportunity to obtain independent legal advice with respect to the overall terms of this Agreement.
20. GOVERNING LAW
This Agreement is governed by the law in force in New South Wales, Australia. Both parties irrevocably submit to the non-exclusive jurisdiction of Courts exercising jurisdiction in New South Wales, Australia.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
No waiver by us, in exercising any right, power or provision in these Terms and Conditions shall constitutes a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
You acknowledge and agree that after receiving a copy of these Terms and any instruction provided to AV 24/7 to proceed with this contract, such instructions of request will constitute acceptance by the Customer of these Terms regardless of whether the Customer has signed the Terms.
This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
24. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and extinguishes all prior agreements or deeds and understandings between the parties.
If you have any further questions about the above terms please forward your enquiry to email@example.com.