The small print!
The following conditions are the standard terms of engagement of Ripple Marketing Australia Pty Ltd. Except where agreed in writing, these terms apply to all Services undertaken by Ripple Marketing and its agents. These terms prevail where inconsistency exists between these terms and any other documentation.
1.0 Validation; Quotation is valid for 7 days from date on Marketing Proposal.
2.0 Payment terms: Invoice will be sent prior to the commencement of Service. Material costs are to be paid 100% in advance of the Service commencement. 50% of the Service costs are to be paid in advance, with the remaining 50% paid within 7 days of invoice, unless agreed otherwise in writing prior to commencement of Service. All overdue accounts will be referred to our debt recovery company - Slater Byrne Recoveries. In the case of the account being referred to our debt collection company, all legal and recovery cost will be charged to the client.
3.0 Cancellation: Termination or suspension of this contract must be done in writing within reasonable time. Ripple Marketing reserves the right to recover any losses, damages or expenses incurred prior to termination or as a result of termination.
4.0 Intellectual Property: All documentation including proposals, strategy, reports, scopes, electronic copies and information in connection with or arising from the Service is the property of Ripple Marketing, until such time as the final invoice has been paid in full. Ripple Marketing places copyright on all documentation. All Services provided by Ripple Marketing are done in the strictest of confidence.
5.0 Breach of contract: If the client breaches the contract in any form Ripple Marketing shall be entitled to retain any information and documentation. In the occurrence of any breach of contract, cancellation or non-payment, all documentation must be returned within 7 days.
6.0 Commencement & Completion Date: Ripple Marketing will only commence Service once satisfied that they are in receipt of all required information and documentation from the client, and the clients’ agents if applicable, inclusive of a signed letter of acceptance of the Marketing Proposal and consultancy agreement. The client indemnifies Ripple Marketing from any damages as a result from delays in Service. The client indemnifies Ripple Marketing from any damages as a result of its agents.
7.0 Professional Indemnity: Ripple Marketing agents are covered by professional indemnity insurance and can provide certificate of currency on request.
8.0 Liability: Ripple Marketing is indemnified against any claim by, or liability to, a third party arising from, in respect of or in connection with the Services and all expenses we incur defending or settling such claim or liability.
9.0 Additional work: If Ripple Marketing are required to complete additional work above and beyond quoted amount in relation to original scope, the client must provide in writing within reasonable time, confirmation of a variation order. Work will not commence until agreement of price for relevant additional work has been made. Ripple Marketing reserves the right to deny any additional work.
10.0 Clients obligation to provide information: The client or its agent must provide Ripple Marketing with all required information for the provision of the Services. Inclusive of all documentation, relevant briefs, artwork, electronic resources, written acceptance of Marketing Proposal and consultancy agreement, any background information and any information that will impact on the Service. Ripple Marketing do not accept any liability in connection with information provided by the client the client’s agent and it is taken to be accurate, correct and true.
11.0 Publication: Ripple Marketing reserves the right to publish articles, photographs and other illustration relating to this Service. Ripple Marketing will keep all personal information confidential unless required to be provided by law.
12.0 Work limits: Ripple Marketing are responsible to complete work written in the Marketing Proposal only. The engagement of Service is also subjected to any exclusion or conditions written within Marketing Proposal document.
Agent: any personnel or entity acting on the behalf of the client or Ripple Marketing;
Agreement: the agreement executed by the parties in connection with the Service, including this consultancy agreement and Marketing Proposal;
Client: the person or entity who has engaged the Service of Ripple Marketing;
Documentation: written or electronic information pertaining to the Service;
Terms: the terms of engagement;
Liability: means liability for loss or damage, whether arising under, in connection with or for the breach of the agreement, or in connection with the performance or non-performance of the Services and any additional Service, whether such liability arises in contract, in tort including negligence, under statute or otherwise, and whether arising in connection with one or more events;
Ripple Marketing: means Ripple Marketing Australia (ACN. 46 602 578 487).
Marketing Proposal: Proposal of work and price to engage for described Service.
Materials: Product and services purchased from 3rd party suppliers on behalf of the client in order to deliver the Services.
Services: the provision of marketing management consultancy pertaining to the Marketing Proposal.