- Thank you for engaging Urban Concierge, we look forward to working with you. The full range of Services that we provide are set out on our website www.urbanconcierge.com.au
- You agree and accept that our Services are provided to you on the terms and conditions set out in this agreement, and the additional terms referred to as set out on our Website, together the “Agreement”.
- We offer a complimentary, no-obligation 30 minute initial consultations for new clients.
- We will provide a Quote for each new engagement with you. Our minimum engagement is 2 hours for the first Service, then 30 minute increments after that.
- We agree to provide the Services to you on the terms and for the Rates set out in the Quote. We may provide the Services to you using our employees and contractors, and they are included in the definition of Urban Concierge, where relevant, in these Terms & Conditions.
- We can provide the Services once you have accepted our Quote and the Agreement, and all necessary requirements consents, licences, permissions, and requested information referred to in the Agreement or Quote, to enable us to perform the Services.
- We may change these Terms & Conditions from time to time and will provide reasonable notice to you. The new Terms & Conditions will apply to your next request for Services after the change.
- Our information and suggestions will be based upon the information that you provide to us. We may incur Expenses; make Purchases; and/or engage Suppliers, on your behalf, at your request, as per the Quote and any subsequent agreement between us, based upon the information that you provide to us.
- We will act in accordance with your instructions. We reserve the right to refuse any request that we deem inappropriate, including because of the time required or nature of the Services required. This is in our sole and absolute discretion.
- Nothing in these Terms & Conditions removes your statutory rights as a consumer.
- RATES & PAYMENT
- You agree to pay us the Rates set out in the Quote, and to reimburse us for any pre-agreed Expenses, any Purchases made, and/or any Suppliers engaged on your behalf. GST will be payable on the Rates from 1 July 2015.
- Travel time is chargeable in accordance with the hourly rate agreed and commences from the time that we leave our office.
- Our standard working hours are 9 am to 5 pm. For Services conducted out of these hours, a 25% surcharge is payable.
- Our invoice terms are within 5 days of receipt of the invoice. In order to receive payment, we must provide you with a description of the Services provided and receipts for Expenses, Purchases and/or Suppliers, as relevant.
- We may vary our Rates from time to time. We will inform you of the Rate when you book a Service. The new Rates will apply to your next request for Services after the change.
- If you fail to make payment under our invoice terms, we reserve the right to charge interest at a rate of 10% per month on the outstanding amount.
- We are entitled to a lien on Purchases purchased on your behalf for all unpaid invoices, whether or not the invoices relate to the Purchases.
- If invoices are unpaid for 30 days, we have the right to commence legal proceedings for any outstanding amounts owed to us. You will indemnify us for the full amount of our legal and debt recovery costs.
- If you request that we use your credit card and/or other credit facilities in relation to the Services, you will, as soon as reasonably practicable, provide us with a written confirmation authorising us to use such facilities. You agree that we will not be liable in any way regarding using your credit card/or other credit facilities, provided that we act in accordance with your instructions.
- REFUNDS & CANCELLATION
- Time for Services provided, and payment for Expenses incurred, Purchases made, and/or Suppliers we have engaged on your behalf, is non-refundable.
- Cancellation of any appointments and bookings must be in writing (including email) at least 7 days in advance.
- Cancellation less than 7 days in advance of any appointments or bookings will be charged at 25% of the booking value.
- Cancellation less than 2 days in advance of any appointments or bookings will be charged at 50% of the booking value.
- GIFT VOUCHERS
- You are welcome to purchase gift vouchers for our Services. Please see our Website for additional Gift Voucher terms.
- Gift vouchers are valid for 3 months from the date of purchase. Gift vouchers are fully transferrable. We are not liable for lost or stolen gift vouchers.
- We will deliver gift vouchers by email, or standard post, or as agreed between you and us.
- We are not liable or responsible for any loss, damage or delay as a consequence of using any postal or courier services, where an incorrect address, or email address is provided to us, or where an email is not received.
- If you require the gift voucher to be delivered by a method other than by standard post or email, a further charge will be payable by you to us.
- CUSTOMER’S RESPONSIBILITIES
- You will cooperate with us and provide us with any information and comply with all requirements, which are requested by us in the Quote, or from time to time, that are reasonably necessary to enable us to perform the Services. You agree that information you provide to us is true, correct and complete.
- You are responsible for obtaining any consents, licences and permissions from other parties necessary for Services to be provided, at your cost, and for providing us and/or the Supplier the necessary consents, licences and permissions.
- You will not request Services or use the Services for any improper, immoral or unlawful purpose, or for any other purpose other than that for which you inform us at the time of the initial request.
- SUPPLIERS AND PURCHASES
- Any Service from a third party is subject to the third parties’ terms and conditions e.g. services, ticket purchases, bookings and reservations. You agree to these terms and conditions when you instruct us to purchase or book on your behalf.
- Where we engage a Supplier or make Purchases on your behalf, we will make all reasonable efforts to:
(a) use Suppliers that are qualified, insured and competent to carry out the services required to a proper standard;
(b) use Suppliers that charge reasonable rates, in keeping with the local market;
(c) provide you with Supplier Terms & Conditions where available;
(d) ensure Purchases purchased from Suppliers are bona fide; and
(e) source high quality products and services (examples include but are not limited to perishable goods, tradespeople services etc), in keeping with your budget and the Quote.
- We are not responsible for and are not, and will not be held, liable for:
(a) Purchases and Supplier products or services that you consider are not an acceptable standard for you;
(b) products provided and/or services carried out by any Supplier, or the rates charged, including if the Supplier products or services are not fit for purpose or of merchantable quality;
(c) the Supplier Terms & Conditions, and we are not liable if we do not provide the Supplier Terms & Conditions to you;
(d) any contact between you and a Supplier, including information, products or services provided to you by, or exchanged with, any Supplier;
(e) any contract between you and a Supplier. Any payment or money required by the Supplier is your responsibility to pay, and is payable in accordance with your contract with that Supplier; and
(f) any dispute between you and a Supplier.
- You indemnify and release us from liability in relation to any claim, dispute, action, damage or loss arising between you and the Supplier.
- Purchases and or payments made on your behalf will incur a 10% administration surcharge.
- Complaints regarding a Supplier should be made directly to the Supplier. We request that we are notified for our records.
- When purchasing tickets, goods or services (e.g. restaurants, hotels and tickets) for you, on your behalf, all sales are final and no refunds or cancellations will be provided after purchase from the Supplier. You are responsible for any cancellations you wish to make, or any monies forfeited as a result of cancelling or changing a booking. If an event is cancelled, we are not responsible for any loss or damage that you may incur as a result of the event being cancelled.
We may receive fees, benefits or rewards for the referral of clients or potential clients from us to service providers. The nature and value of any fee, benefit, or reward which may be provided to us is fair and reasonable having regard to objective commercial standards.
- LIMITATION OF LIABILITY
- We are not liable for any claim, dispute, action, damage or loss, including but not limited to property damage, personal injury, death, loss, damage, claim or expense howsoever caused resulting from Services supplied by us, Purchases purchased by us, or services or goods supplied by Suppliers.
- Except as required by law, we do not give any guarantee, warranty or representation as to the quality, fitness for purpose or otherwise of Services supplied by us, Purchases purchased by us, or services or goods supplied by Suppliers.
- In relation to any loss, cost, or damage including, but not limited to, personal injury, death or expenses, you agree not to make any claim, seek any compensation or recovery any loss, damage, claim or expense from us. Where applicable, you may seek compensation from Suppliers directly.
- CONFIDENTIALITY OBLIGATIONS
- We, including our employees and contractors, agree not to disclose Confidential Information to any third party at any time; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; only to use the Confidential Information for the purpose for which it was disclosed by the discloser and not for any other purpose; and to use all reasonable endeavours to ensure that our agents and consultants to whom Confidential Information is disclosed, maintain the confidentiality of the Confidential Information.
- Our obligations do not apply to Confidential Information that is already in the public domain, except as a result of our breach of this Agreement; received from a third party, except where there has been a breach of confidence; and/or that must be disclosed by law, provided that we reveal only so much of the Confidential Information as we are required by law to disclose and we give you sufficient notice, where practicable and permissible by law, in order to give you the opportunity to object to, or otherwise prevent, the Confidential Information being disclosed.
- The obligations under this clause will survive termination of this Agreement.
- ACCEPTANCE & TERMINATION
- If you accept our offer to provide Services to you, you have entered into an Agreement with Urban Concierge. This means you are bound by the Terms & Conditions set out in this document, and any terms on the Website referred to in this Agreement. You can accept the Agreement by (i) signing and returning a copy of this document; (ii) stating in writing by email that you accept the Terms and Conditions; or (iii) acceptance by conduct, by paying our invoice and/or giving us instructions for Services at any time after receiving this document
- Either Party may terminate this Agreement by giving the other Party 7 days’ written notice. We may terminate the Agreement at any time, if we consider that a request or a Service is inappropriate or for any improper, immoral or unlawful purpose. This is in our sole and absolute discretion.
- On termination of this Agreement you agree to pay our invoices for all Services, Expenses and Purchases that we have incurred on your behalf.
- On termination of this Agreement we agree to promptly return to you all Confidential Information and/or documents containing or relating to the Confidential Information; or delete or destroy all Confidential Information and any copies of Confidential Information not returned to you.
Any notice required or permitted to be given by either party to the other under these conditions will be in writing addressed to the other party at the address in this Agreement, or if changed, their new principal place of business or residential address. Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission.
It is your responsibility to decide whether insurance is required in relation to a Service or Purchase, and which insurance cover is appropriate. We are not liable or responsible for any loss or damage incurred as a result of you choosing the incorrect insurance cover, or for any other reason.
- RELATIONSHIP OF PARTIES
This Agreement is not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
- FORCE MAJEURE
Neither party will be in breach of its obligations, or incur any liability, to the other party if the failure to perform its obligations is a result of a force majeure event including, but not limited to, major illness, accidents, acts of God, terrorism, war, labour disputes or strikes. The party affected by the force majeure event shall, as soon as reasonably practicable, provide notice of the force majeure event to the other party. The parties will resume the normal performance of the Agreement as soon as reasonably practicable. The party affected by the force majeure event is entitled to a reasonable extension of time to perform its obligations.
This Agreement is personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under this Agreement without the prior written consent of the other Party (such consent not to be unreasonably withheld). Any purported dealing in breach of this clause is of no effect.
If any provision (or part of it) of the Agreement is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) of these Agreement is held to be unenforceable or invalid and cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Agreement and the remaining provisions (and remaining part of the provision) of the Agreement are valid and enforceable.
- JURISDICTION & GOVERNING LAW
The Agreement is governed and construed in accordance with the laws of New South Wales. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales.
This Agreement may be executed in any number of counterparts and, if so, the counterparts taken together will constitute one and the same Agreement. The date of this Agreement is the date that it is executed by the last Party.
Business Day means a day which is not a Saturday, Sunday or bank or public holiday in New South Wales.Confidential Information means any information or document about or in any way relating to you, in any media or form that is acquired by or made available to us in the course of the relationship between you and us, including but not limited to confidential information or documents about your personal affairs, your personal finances, your business, organisational structure, activities, operating procedures, products and services, trade secrets, know how and finances.Expenses means out-of-pocket expenses we incur performing the Services for you (e.g. postage and travel expenses).
GST has the meaning which it is given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Parties means the parties entering into this Agreement.
Purchases means goods or services purchased on your behalf, as requested by you.
Quote means our quote verbally or in writing including by email, including Services, dates or the term, and the Rates payable.
Rates means the payment rates set out in the Quote, or verbally or in writing including by email.
Services means the services agreed between you and us, verbally or in writing including by email, and may include incurring Expenses, using Suppliers and making Purchases.
Supplier(s) are third parties / suppliers we have engaged on your behalf to carry out services at your request, including the Supplier’s company officers, employees, agents and subcontractors;
Website means www.urbanconcierge.com.au