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Terms and Conditions
1.1 “Infront” means Infront Crowd Control Trust t/a Infront Security Services and/or employees, authorised agents and permitted assigns;
1.2 “Client” means a Client and/or any agent or assigns of the Client;
1.3 “Guarantor” means a person who agrees to be liable for the debts of the Client;
1.4 “Services” includes any services supplied by Infront to the Client including, but not limited to, static guarding, mobile patrols, crowd control, event staff, dog teams, and bodyguards (CPP)
1.5 “Price” means the costs of the services as quoted at the date of rendering of the services
2.1 The singular includes the plural and the plural includes the singular;
2.2 A person includes a body corporate;
2.3 A party includes the parties, directors, agents, executors, administrators, successors and permitted assigns;
2.4 A provision of this agreement must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of the agreement or the inclusion of the provision in the agreement.
Acceptance of Terms and Conditions
3.1 Receipt of instructions by Infront from the Client for the supply of services is deemed acceptance of the terms and conditions herein on the part of the Client;
3.2 These terms and conditions, having been accepted, cannot be rescinded other than as provided for within these terms and conditions and are irrevocable unless by written agreement between the Client and Infront.
4.1 The Client hereby acknowledges that Infront’s agents, representatives or employees are NOT authorised to make any representations, statements, assertions or agreements not expressed by Infront’s Manager in writing. Infront is not bound by any such unauthorised statements.
5.1 The price will be Infront’s current price as at the date of rendering of the services;
5.2 Infront may alter its prices by reasonable notice to the Client.
Terms of Payment
6.1 Unless otherwise stated, payment is due immediately upon the rendering of the services;
6.2 Infront may withhold services until payment has been received by the Client;
6.3 All fees, costs and expenses as agreed between Infront and the Client are exclusive of any amount that Infront is obliged to charge the Client in accordance with GST legislation;
7.1 Infront reserves its rights to charge the Client interest on overdue invoices which shall accrue from the date
when payment becomes due. Interest shall be calculated at 2.5% per calendar month or part thereof.
Delivery of Goods/Services
8.1 Infront will render services at the Client’s nominated address;
8.2 The Client shall make all arrangements necessary to allow Infront to provide the services;
8.3 The failure of Infront to render services is not to be deemed as Infront’s repudiation of this contract;
Buyer’s warranties and indemnities
9.1 The Client authorises Infront:
- To the extent permitted by law, to collect, retain and use any information about the Client;
- To disclose any information obtained by any person for the purposes of rendering services.
9.2 The Client indemnifies Infront:
- Against any penalty or liability incurred by Infront for any breach by the Client of these terms and conditions;
- Against all actions, claims, demands, losses, damages, costs and expenses which Infront may sustain or incur or for which Infront may become liable whether during or after the term of this agreement, by reason of any act or omission or negligence by Infront and its respective employees or any other authorised person.
10.1 The Client agrees to pay all legal costs and collection costs, disbursements incurred by Infront, on an indemnity basis, for any action taken by Infront for the default of the Client of payment of any invoice or for any of the terms and conditions of this agreement;
10.2 Infront reserves the right to withhold all action on the Client’s behalf or the rendering of services to the Client if, at any time, the Client is in breach of any obligation contained herein, including those relating to payment. Infront will not be liable to the Client for any loss or damage suffered as a result of Infront exercising its rights pursuant to this Clause;
10.3 Upon the occurrence of any of the following:
10.4 The Client failing to satisfy any payment owing to Infront; or
10.5 In Infront’s opinion, the Client will be unable to make payments when they fall due; or
10.6 The Client becomes insolvent; or
10.7 The Client proposes or enters into an arrangement with creditors or makes an assignment for the benefit of its creditors; or
10.8 In respect of the Client, a receiver, manager, liquidator or other is appointed; then
Infront may cancel any order or part order of the Client remaining unperformed, and all amounts owing by the Client to Infront will immediately become payable.
11.1 Upon default by the Client under these terms and conditions of trade the Client and/or Guarantor charges any and all real and personal property that it owns to Infront as security for the performance by the Client of all the Client’s obligations under this agreement.
11.2 The Client and/or Guarantor agree and permits Infront to lodge a caveat or other security over any property referred to in 18.1.
12.1 The Seller may terminate this contract by giving 7 written days notice to the Buyer;
12.2 The Buyer indemnifies the Seller for any loss or damage suffered as a result of termination of this agreement by the Seller;
12.3 The Buyer agrees to provide the Seller with 1 month written notice of its intention to terminate this contract.
13.1 The Client and/or Guarantor authorise Infront to obtain all information Infront considers relevant in assessing the Client’s application for commercial credit pursuant to this agreement;
13.2 The Client and/or Guarantor authorise Infront to exchange information about the Client and/or
Guarantor with credit providers in order to assess an application for credit by the Client, and/or notify other credit providers of the Client’s default, and/or assess the credit worthiness of the Client and/or Guarantor.
14.1 If anything in this agreement is unenforceable, illegal or void then it is severed and the rest of this agreement remains in force;
14.2 Infront may alter the terms and conditions contained herein at any time by giving reasonable notice to the Client of the change;
14.3 The Client may not claim any set-off or counterclaim against any payments due by it to Infront;
14.4 This agreement is governed by the laws of the State of Queensland and the parties submit to the jurisdiction of the Courts of that State;
14.5 Neither party shall be liable for any act of war, strike, industrial action, fire, flood, drought, storm or other act of natural cause beyond the reasonable control of either party.