TERMS
All Terms & Conditions of Business are provided in full, in writing, with every Invoice. It is my policy that each page must be initialled and the final page signed and dated as proof of acknowledgement and acceptance of these terms.
General Invoice Terms
- Any hours specified are estimates that are subject to change +/- 10% without any additional fees.
- Any additional work outside the agreed scope of work is subject to additional charges.
- 10% non-refundable Deposit may be required to commence a project.
- Invoices will be sent and must be signed prior to any work commencing.
- Invoices must be paid in full within 7 business days of work commencing, unless otherwise negotiated in accordance with the project timelines.
Privacy
Where necessary, I may include outsourced web specialists, content providers, graphic designers, and other professionals.
I will remain upfront about who I invite onto the project to ensure transparent and honest collaboration between my clients and my sub-contractors.
All data and documents created in the duration of a project remain confidential unless otherwise agreed on.
Confidential information (any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and Client records) will not be disclosed, divulged, revealed, reported or used as required by law.
I will remain upfront about who I invite onto the project to ensure transparent and honest collaboration between my clients and my sub-contractors.
All data and documents created in the duration of a project remain confidential unless otherwise agreed on.
Confidential information (any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and Client records) will not be disclosed, divulged, revealed, reported or used as required by law.
Rates & Payments
Rates will be confirmed in writing before any work commences.
I reserve the right to adjust project rates should the scope of the project change, or the amount of work required at my end is increased significantly by the request of additional requirements.
Should there be any anticipated additional charges, I will notify you (most likely via email) and obtain explicit approval from you before proceeding. Such additional charges will be billed together in the next invoice.
A Non-refundable Deposit of 10% of the quote or invoice may be required prior to commencing the project. This Deposit ensures I can proceed with the work included in the agreement and will be negated from the final invoice. Legal advice will be consulted should a client fail to settle an outstanding account within 60 days of the invoice due date.
I reserve the right to adjust project rates should the scope of the project change, or the amount of work required at my end is increased significantly by the request of additional requirements.
Should there be any anticipated additional charges, I will notify you (most likely via email) and obtain explicit approval from you before proceeding. Such additional charges will be billed together in the next invoice.
A Non-refundable Deposit of 10% of the quote or invoice may be required prior to commencing the project. This Deposit ensures I can proceed with the work included in the agreement and will be negated from the final invoice. Legal advice will be consulted should a client fail to settle an outstanding account within 60 days of the invoice due date.
PENALTIES for Late Payments
Any late payments will trigger a fee of 5.00% per month, beginning from the date of final payment (usually 7 business days after work commences) on any amount still owing.
Cancellation Policy
Should you decide to terminate a project without sufficient notice, the full quoted cost of the project still applies. ‘Sufficient notice’ is determined based on the project and will be communicated to you prior to work commencing.
For consultation services, 50% of the total fee still applies if cancelled within 24 hours notice.
Deposits are Non-Refundable upon receipt of deposit & signed invoice.
In the event that I may cancel my involvement in your project for unforeseen reasons, all money paid shall be refunded for work not completed.
For consultation services, 50% of the total fee still applies if cancelled within 24 hours notice.
Deposits are Non-Refundable upon receipt of deposit & signed invoice.
In the event that I may cancel my involvement in your project for unforeseen reasons, all money paid shall be refunded for work not completed.
Use of Materials for Promotional Purposes
I love to showcase work and projects that I'm proud of. I reserve the right to promote my work in other media not necessarily owned by myself, such as websites, portfolios, presentations, events and print media.
Additional promotion of my work on your projects shall not breach the above privacy terms.
Throughout all opportunities I will endeavour to present a professional, true representation of your business.
If you do not want any of my work for your business to appear in promotional materials please advise in writing.
Additional promotion of my work on your projects shall not breach the above privacy terms.
Throughout all opportunities I will endeavour to present a professional, true representation of your business.
If you do not want any of my work for your business to appear in promotional materials please advise in writing.
Liability
Due to the nature of my industry, I cannot guarantee that my work will always be error-free and therefore cannot be liable to you or any third party for damages, including lost profits, lost savings or other incidental consequential or special damages arising out of the operation of or inability to operate social media accounts, websites or online profiles, even if you have advised me of the possibilities of such damages.
I also cannot be held responsible for issues or errors that arise as a result of changes/additions made to the social media profile, website or database by someone other than me.
I also cannot be held responsible for issues or errors that arise as a result of changes/additions made to the social media profile, website or database by someone other than me.
Capacity/independent Contractor
In providing the Services under this Agreement it is expressly agreed that I, Emma Thom, am acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
Notice
All notices, requests, demands or other communications required or permitted by the terms of any Agreement will be given in writing and delivered to the Parties of said Agreement as follows;
Emma Thom, 25 Clowes Street, Larrakeyah, Northern Territory, 0820 or to such other address as any Party may from time to time notify the other.
Emma Thom, 25 Clowes Street, Larrakeyah, Northern Territory, 0820 or to such other address as any Party may from time to time notify the other.
Indemnification
Except to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, stockholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, stockholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with any Agreement. This indemnification will survive the termination of any signed Agreement (Invoice).
Modification of Agreements
Any amendment or modification of any Agreement or additional obligation assumed by either Party in connection with any Agreement will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.
Time of the Essence
Time is of the essence in all Agreements. No extension or variation of any Agreement will operate as a waiver of this provision.
Assignment
The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under any Agreement without the prior written consent of the Client.
Governing Law
It is the intention of the Parties to any Agreement that the Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State or Territory, without regard to the jurisdiction in which any action or special proceeding may be instituted.
Severability
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
Waiver
The waiver by either Party of a breach, default, delay or omission of any of the provisions of any Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
Australian Business Number (ABN)
The Australian Business Number (ABN) for Emma Thom is as follows:
53 759 450 340
53 759 450 340
