1 Terms of Use

These Terms of Use conditions are effective from the date of acceptance of the Client proposal or quotation by the Client, or are implied by the use of this website. These Terms of Use may be amended from time to time by notice given by the Company by any means.

2 Definitions

“Company” means The Onsite Shredding Company Pty Ltd ACN 168 917 262 trading as The Onsite Shredding Company, the supplier of products and services.

“Client” means the entity purchasing the products and services provided by the Company.

“Products and Services” means all products and service provided by, or ordered from the Company by the Client including quotes, proposals, services, samples and finished products.

3 Agreement Scope, Term and Prices

Any projects, services and prices are limited to those outlined in the agreed proposal and any additional services are subject to a separate agreement and additional charge. The Company reserves the right to adjust prices at any time. The cost of out of pocket expenses including, inter alia, delivery, pickup and disposal for goods or services will be invoiced separately, unless otherwise agreed.

4 Goods and Services Tax

All prices quoted and agreed are subject to Goods and Services Tax (GST). If the GST rate increases or decreases, the overall invoiced prices will change so that the pre-GST agreed price remains the same.

5 Payment and costs

The Client agrees to pay the Company in accordance with the terms specified in each proposal. In the absence of such terms, payment is due within 14 days of invoice. In the event of default, interest will accrue monthly on the unpaid amount from the due date at the statutory rate. At the Company’s sole discretion, payment may be required prior to the supply of any products and services. Credit Terms may be granted at the sole discretion of the Company. In the event of a default, the Company reserves the right to withdraw service without notice and will not be liable for any subsequent loss or damage to the Client. In the event of a default, any work undertaken by the Company, or monies paid by the Client may be retained by the Company as security until such time as all claims against the Client are settled. In the event the Company incurs legal or other costs associated with enforcing payment including the use of a debt collection agency, any associated costs will be for the account of the Client. Legal costs will be payable by the Client on a solicitor/client basis.

6 Delays

Additional costs may be charged for delays caused by the Client. The Company is not held liable for any losses or damages caused by delays. The Client is not entitled to a refund due to delays.

7 Ownership

Ownership of any intellectual property remains with the Company unless agreed in writing with the Client. Except as agreed in writing between the Company and the Client, the Client will not reproduce, modify, distribute or resell the Company’s properties.

8 Termination of Agreement

Either party may terminate the agreement by giving 90 days written notice unless otherwise agreed in writing. In the event that the work is delayed or terminated at the request of the Client, The Company shall have the right to invoice pro rata for work completed as at the date of that request and for any out-of-pocket expenses whether incurred as at the date of the request or otherwise, while reserving all right under this Agreement.

9 Offer and Acceptance

Any agreement in writing, by email notification or as evidenced by payment of an invoice, constitutes acceptance of the proposed project and these Terms of Use.

10 Dishonour Fees

The Client shall be liable for any bank fees including dishonour fees incurred as a result of a cheque being dishonoured.

11 Confidentiality

The Company will keep confidential any confidential information obtained in relation to any work undertaken for the Client. This obligation will cease in the event the information is required to be disclose by law, or becomes part of the public domain other than as the result of a breach by the Company.

12 Subcontractors

The Company reserves the right to complete any project through the use of subcontractors who will be bound by these Terms of Use.

13 Testimonials and reference sites

Unless otherwise agreed in writing, the Client agrees to allow the Company to retain a link from the Clients website, to include the Clients logo on the Company’s website and to use work provided to the Client or comments by the Client as testimonials.

14 Copyright Clearance

The Client is responsible for obtaining the necessary legal clearance or licence for all images, trademarks, patents, domain names, audio and visual material and any other intellectual property provided by it to the Company. The Client indemnifies The Company against any loss or damage arising from any unauthorized use of any intellectual property supplied by it to the Company.

15 Limitation of Liability

Any liability arising from the provision of services and products by the Company is limited to the net cost of the relevant service or project.

16 Client Warranties and Indemnities

The Client warrant that, at the time of entering into any agreement with the Company the Client has not relied any representation made by the Company that are not expressly provided in writing.

The Client indemnifies the Company against all costs, losses or liability the Company may suffer as a result of the Client breaching these Terms of Use.

It is Client’s responsibility to check carefully the accuracy of any marketing products or information provided by the Company including contact details including, inter alia, telephone numbers, email and website addresses.

17 Competition and Consumer Act

Nothing in these Terms of Use is intended to override the provisions contained in the Commonwealth Competition and Consumer Act 2010

18 Client Ownership

The Client agrees to notify the Company in writing within seven (7) days of any change in ownership structure and indemnifies the Company against any loss or damage that may result from the Client’s failure to notify the Company of any change. In the event of a change of ownership for either the Client or the Company any agreements between the Client and the Company will transfer to the new owners.

19 Dispute Resolution

Unless otherwise agreed between the parties, in the event of a dispute, the matter must be referred, in the first instance, to mediation at the Victorian Civil and Administrative Tribunal (VCAT).

20 Jurisdiction

This agreement is construed in accordance with the laws of the State of Victoria and, where applicable, the Commonwealth of Australia. The Company shall have the exclusive right to nominate the Court in which any legal proceedings are commenced and conducted.

21 Other Terms of Use

The Company accepts no responsibility for any change in the law which may affect the supply of products or services.

Neither the Company nor the Client shall be liable for any breach of contractual obligations caused by force majeure.

The invalidity or unenforceability of any provision of these Terms of Use shall not affect the validity or enforceability of the remaining terms.

Clerical errors are subject to correction and are not binding on the Company.

Headings are for ease of reference only and do not form part of these Terms of Use.

When interpreting this Terms of Use, the Rule of Construction applies.

22 Privacy

The Company has in place a Privacy Policy in accordance with the National Privacy Principles set out in the Privacy Act, 1988. Please refer to separate disclosure.

Version 1.1, last updated: 7 July 2018