1.1 Go Brand Australia, ABN 53 644 354 647
1.2 Go Brand Australia – 391, Newman Road, Geebung QLD – 4034, Telephone: 1300 404 888
1.3 “Go Brand Australia Cancellation Costs” means any cost for labour, materials, tooling, drafting and transport, manufacturing work in progress, and any Government fees or taxes plus GST and without limiting the generality of the foregoing any other loss and damage arising because of cancellation of this Quotation of other approval.
1.4 “Go Brand Australia Costs” means
- Its materials, labour and transportation costs; and
- Without limiting the generality of (a), any costs of Go Brand Australia performing the Work.
1.5 “Event” – means:
- Any industrial dispute;
- Any inclement weather;
- The failure of any person or entity to supply any materials of Go Brand Australia;
- Any law, riot, government restriction, civil commotion, Act of God; or
- Any other cause beyond Go Brand Australia control, which directly or indirectly affects Go Brand Australia ability to promptly perform its obligations to do the Work.
1.6 “Further product” means any goods made, created, manufactured or processed by You using in any way the Goods or the Product.
1.7 “Goods” means any component or materials which Go Brand Australia uses to manufacture the Product.
1.8 “Price” includes the sum of:
- The Quoted Amount;
- Any scaffold costs and plant hire;
- Any goods and services tax, sales tax and/or any other Government tax, duty or levy (other than income tax) payable on the goods and services which Go Brand Australia supplies to you under this Quotation or on the supply of those goods and services.
- Any local government, council or other statutory fees in respect of the Work and/or Product.
1.9 “Product” means anything which Go Brand Australia manufactures for You in performing the Work and includes all discrete Goods making up the Product.
1.10 “Progress Claim” means part of or all of the Quoted Amount which Go Brand Australia may require:
- Upon receipt of order;
- At any time up to completion of the work;
- Upon delivery of the product; or
- At any time or times during the performance of the Work
1.11 “Quotation” means the Quotation that You have requested from Go Brand Australia, and includes these terms and conditions and any subsequent contract formed. If you accept this Quotation, you accept these terms and conditions as part of any subsequent contract.
1.12 “Quotation Expiry Date” means 30 days from the date Go Brand Australia issues this quotation to you.
1.13 “Quoted amount” means the amount specified in this Quotation that Go Brand Australia will charge for performing the Work and is based on Go Brand Australia costs as at the date of the Quotation.
1.14 “Services” means any design, manufacture and/or installation service which You require Go Brand Australia to provide to perform the Work.
1.15 “Site” means any place the Product is installed or is to be installed and includes and means to access to that place.
1.16 “Work” means the provision by Go Brand Australia of Services using particular Goods to produce and/or install the Product at Your request.
1.17 “You” and “Your” means the person or company or entity who has requested this Quotation. Where that person is comprised or more than one person or company or entity then where ‘You” is used in this Quotation. All parties comprising “You” will be bound jointly and severally by these terms and conditions and each party warrants that it has the authority to bind all of the other parties.
1.18 The headings do not form part of this Quotation but are for aid and assistance in interpretation only.
1.19 Where the context permits or requires, words importing the singular number shall include the plural number and those importing a gender shall include the other genders and words importing natural persons shall include corporations.
2.1 Subject to clause 2.2, this Quotation remains valid and open for acceptance by You up to and including the Quotation Expiry Date.
2.2 Go Brand Australia may:
Vary or withdraw the Quotation at any time before You or after accept it;
- After the date of the Quotation but before the Work is completed, adjust the Quotation for any variation in Go Brand Australia Costs which occur after the date of this Quotation.
2.3 Unless otherwise specified in writing, this Quotation does not include the cost of:
- Providing any power supply or other energy source to operate an electric sign;
- Fees, charges, taxes or any other costs or disbursements associated with connecting the sign to a power supply that is not within one metre of the Site;
- Fees, charges, taxes or any other costs or disbursements associated with traffic control necessary for the installation of any signs;
- Fees, charges, taxes or any other costs associated with accessing a third party’s property for access or entry to any place required for the installation of any sign; or
- Fees, charges and taxes of and incidental to obtaining or providing access to the site; or
- Any other fees, charges, taxes, labour, materials or any cost or disbursement associated with the connection, provision or installation of a power supply that is not written in the Quotation.
2.4 You acknowledge that Go Brand Australia has made this Quotation on the basis that it will do the Work during normal working hours. If You request in writing and agree to pay any extra costs, Go Brand Australia will perform the Work outside normal working hours. Go Brand Australia will add the extra costs to the Quoted Amount.
2.5 Unless otherwise agreed to in writing by Go Brand Australia, this Quotation can only be accepted by You in writing and without any alteration or addition to the terms and conditions.
2.6 Your written acceptance is not affective until received by Go Brand Australia.
- Cancellation of any SEO Service, Contract, Hosting, or Quotation
3.1 Once You have accepted this Quotation, you may only cancel the subsequent Approval by written notice given to and received by Go Brand Australia.
3.2 Upon cancellation, ‘You’ are immediately liable to pay Go Brand Australia Cancellation Costs.
3.3 Here at Go Brand Australia we don’t lock any of our clients into contracts unless the client is on a payment plan. A client may cancel their SEO & Google AdWords Campaign by giving 30 days of written notice from the client’s next billing cycle (1st day of every month).
3.4 All hosting plans provided by Go Brand Australia have a minimum duration of 12 months. Any hosting plan may only be cancelled at the end of a given billing period. You are free to move a website to a different host at any time, but please be advised that the purchased hosting will remain active until Go Brand Australia is notified to cancel the service.
3.5 All Go Brand Australia Marketing Packages are 12 month contracts; during the contracted period of 12 months, Go Brand Australia owns all intellectual property produced under the packages until the contract has been completed and paid. If for any reason the client would like to terminate the contract; all intellectual property will remain owned by Go Brand Australia unless otherwise an agreement between the client and Go Brand Australia is met to release property to the client.
- Terms of Payment
4.1 You must pay to Go Brand Australia:
- A minimum of 50% Deposit upon commencement of the job.
- The amount specified in any Progress Claim submitted to You or final 50% payment upon hanging or pick-up of signage.
- Interest at the rate of 20% per annum on any outstanding amount owed to Go Brand Australia from the date due until paid.
- All financial institution fees, any legal costs and/or debt collection costs (the latter two on an indemnity basis), stamp duty and other government charges relating in any way to the establishment of operation of the contract or any security or any legal proceedings.
4.2 You must pay all money to Go Brand Australia head office, or as directed by Go Brand Australia;
4.3 All payments required to be made by You to Go Brand Australia shall be made in full without any deductions or reductions for any set offs or counter claims by You.
4.4 Before the commencement of Work, you must complete and return Go Brand Australia application for Credit Account unless
- You have made full payment of the Quoted Amount to Go Brand Australia; or
- You have provided security for the Price which is satisfactory to Go Brand Australia.
4.5 Nothing in clause 4.4 limits Your liability to pay the Price.
4.6 No Work will be performed until You have complied with Clause 4.4, and Go Brand Australia will not be liable to You for any loss or damage resulting from delay caused by Your failure to comply with that clause.
4.7 Payment of progress claims, Price or the Quoted Amount is not subject to the Work or any part of the Work being certified or accepted by: (a) You; or (b) Any other person whether for You or for a person to whom You have contractual obligation in relation to the work.
4.8 Any unpaid invoices related to hosting of websites by Go Brand Australia will result in the automatic suspension of the web hosting service without notification. Go Brand Australia will take possession of any materials hosted in the web space allotted to You until the invoice is paid.
- Recurring Payments Terms and Conditions
Your consent is important. By providing Go Brand Australia with your credit card details, you are agreeing to the following terms and conditions regarding future recurring payments made against your credit card:
In Brief –
- You are agreeing that, in return for the provision of an on-going ‘marketing plan’ or ‘marketing subscription’, or ‘SEO plan’ or ‘SEO subscription’; or others services future recurring payments may be made against the credit card provided by you without the presence of a) the card or b) the card holder, and that payment may be made to Go Brand Australia..
- These payments will be made at the beginning of each defined billing cycle.
- Cancelling your membership will prevent any future recurring payments being made against the credit card or debit cart provided the cancellation is made in the agreed-upon time frame
- You can cancel your membership at any time by sending an email of written notice to Go Brand Australia
- If you cancel your membership, the membership will remain active / valid until the end of the billing cycle / date on which the next payment is due, at which point your membership will end / become inactive.
- Unless otherwise indicated or agreed by Go Brand Australia, your payments are non-refundable. If you feel it is justified, you may request a refund from Go Brand Australia, who holds sole discretion for deciding upon refunds.
- Payment and refunds
Any payment will be attempted at the beginning of every billing cycle or the first overdue payment. You will be notified if the payment attempt fails and, subject to the conditions of Go Brand Australia, payment may be re-attempted. If payment fails repeatedly, your on-going services will be deactivated / canceled, and you will no longer be entitled to the provision of services as determined by the marketing plan or marketing subscription, or SEO plan or SEO subscription, or other services when your membership is deactivated. You are not entitled to a refund of your payment unless this is agreed upon by Go Brand Australia.
6.1 Shipping Policy
Our non-printed products that are in stock will be dispatched after 48 hours an order has been placed and payment has been received.
Our custom printed products have various shipping times based on the type of product and the value of the order. Some product page has an FAQ section below the pricing, in this FAQ section it states the time it will take to produce and ship your products after we have received sign off of your artwork proof. For more information about the products and pricing please contact our team. Our production begins the first working day after your artwork proof approval, there is a cut off time of 1pm for approving artwork to ensure it starts in production the following day. All risk of loss or damage to the products passes to you when we despatch the products.
6.2 Return & Refund Policy
Please see our Return and refund police at Return & Refund policy
- Certificate and Charge
7.1 A statement in writing signed by Go Brand Australia director, manager, financial controller, credit manager or other authorized officer stating the amount of money which You owe to Go Brand Australia is prima facie evidence of the amount payable by You to Go Brand Australia as at the date of the statement.
7.2 By accepting this quotation you charge all Your interest in any real property you own now or in the future secure payment of any monies you owe to or any debt you have to Go Brand Australia.
- Dimension and Design of Work
8.1 Unless otherwise agreed in writing, You:
- Must supply Go Brand Australia with details of the dimensions which Go Brand Australia will need to perform the Work;
- Must supply Go Brand Australia with design and specifications for the Product, including but not limited to colour, surface and type face;
- Are solely responsible for the correctness of any information You provide to Go Brand Australia.
8.2 Where you or Your agent have supplied Go Brand Australia with the design plans and specification for the Work, Go Brand Australia:
- Will not be liable for any loss or damage resulting from any defects or deficiencies in the design plans and specifications or any failure to meet any applicable Australian Standards;
- Shall be indemnified by You for any such loss and damage of the type to in 6.2(a).
9.1 You may by written notice to Go Brand Australia request variations to the Work;
9.2 Where You request additional Work You must:
- Pay all costs incurred by Go Brand Australia in performing the additional Work; and
- Grant any extension of time reasonable necessary to enable Go Brand Australia to perform the addition Work.
- Commencement and Completion
10.1 On or before the commencement of the Work, ‘You’ must provide Go Brand Australia free and unrestricted access to the Site to enable Go Brand Australia to commence and proceed with the Work.
10.2 If this Quotation specifies estimated commencement and completion dates You acknowledge that:
- Commencement of the Work will be subject to the provision of:
- Full information, documentation and co-operation from You;
- Goods from other suppliers;
- Access to any Site for the purpose of manufacture or installation of the product which shall be Your sole responsibility;
- Any necessary council or government permits or approvals which is your sole responsibility.
10.3 Go Brand Australia has given estimated dates in good faith taking into account present conditions and circumstances in Go Brand Australia control and the best information available to Go Brand Australia at the date of this quotation.
10.4 Unless this Quotation states otherwise, Go Brand Australia will not be liable for any penalties or damage either direct or indirect for any failure to commence or complete the Work on the estimated dates.
10.5 You agree to grant Go Brand Australia any reasonable extension of time to complete the Work if there is a delay which is not caused by or attributable to any act or default on the part of Go Brand Australia.
10.6 If Go Brand Australia commences the Work but is delayed for any reason by You or by any other party of Event, You agree to indemnify Go Brand Australia against any loss or damage including but not limited to any addition handing charges for storage, insurance or any other expenditure loss or damage which Go Brand Australia suffers or insures whether directly or indirectly as a result of the delay.
10.7 The Work is deemed completed on the earliest of either the issuing of the final invoice by Go Brand Australia to You or as otherwise notified in writing by Go Brand Australia to You.
- Ability to Supply
11.1 Go Brand Australia will make every effort to carry out the Contract. If because of an Event, Go Brand Australia up is unable to fulfil any Contract, Go Brand Australia:
- Will not be liable for any loss or damage which You may suffer (including consequential loss or damage);
- May at its option, give written notice to You either to: i. Terminate the Contract; or ii. Extent the time for performance of the Contract;
- Will be entitled to be paid by You for any part for the Work done or any Product delivered. That payment will be calculated using price rate set out in this Quotation. 9.2 You acknowledge that Go Brand Australia failure to perform the Contract because of anything set out in this clause will not entitle You to treat the Contract as repudiated.
12.1 Go Brand Australia will not be liable for any loss or damage if it or its sub-contractor strikes rock, pipes or wires or other obstructions when excavating any Site to install a foundation for the Work. You indemnify Go Brand Australia for any additional costs, loss or damage arising for any such occurrence during the excavations which will be payable at actual cost plus 15% plus any applicable GST.
- Protection of Work
13.1 All unfixed Goods or any Product on the Site will be at Your risk.
13.2 Go Brand Australia will not be liable for any damage caused by any person or suffered by any person, because of or in respect of any unfixed Goods or Product on the Site.
- Guarantees and Warranty
14.1 Go Brand Australia guarantees:
- Neon and fluorescent electrical components for three months from the date of completion of the Work;
- Other Goods listed in this Quotation for 12 months from the date of completion of the Work when manufactured to Go Brand Australia recommendation.
14.2 Go Brand Australia may guarantee certain Goods for a longer period than that set out in clause 12.1 above. You must obtain written confirmation from Go Brand Australia for any such extended guarantees.
14.3 Go Brand Australia will not be liable for any damage to the Product caused by vandalism, civil commotion, storm and tempest, Acts of God or accidental damage by a party other than Go Brand Australia.
14.4 To the extent permitted by the laws or Australia, Go Brand Australia excludes any expressed or implied conditions or warranties, by statute or common law or otherwise, which are not stated in this Quotation.
- Rights in relation to the Product/Service
15.1 Procloud Marketing PTY LTD trading as Go Brand Australia retains the property of ALL their client’s marketing services (ie. – SEO Campaigns, SEM Campaigns and Google AdWords Campaign).
15.2 All monthly fees that are charged to clients are strictly for making adjustments to the client’s existing campaign.
15.3 Clients can purchase their Marketing Campaign, SEO Campaign, Marketing Strategy, SEO/SEM Strategy or Google AdWords Campaign after a price has been mutually agreed upon for both parties (ie. – client and Go Brand Australia).
15.4 In connection with the Product while it remains the property of Go Brand Australia You agree that:
- You have no right or claim to any interest in the Product to secure any liquidated or unliquidated debt or obligation Go Brand Australia owes to You;
- You are not entitled to claim any lien over the Product
- You will not create any absolute or defeasible interest in the Product in relation to any third party except as may be authorized by Go Brand Australia.
- Where You are in actual or constructive possession of the Product: i. You will not deliver the Product or any document of title to the Product to any person except as authorized in writing by Go Brand Australia.
15.5 In association with the Product, Go Brand Australia states to You that:
- Go Brand Australia has the right to supply the Product to You;
- The activities of Go Brand Australia in supplying the Product do not infringe the rights of the owner of the Product (where Go Brand Australia is not the owner of the Product);
- If the Product is not owned by Go Brand Australia is authorized to supply the Product to You.
15.6 Go Brand Australia and You agree that;
- Go Brand Australia retains property in the Product until Go Brand Australia has been paid in full for the Product under all individual agreements between Go Brand Australia and You;
- Go Brand Australia retains property in any Further Product until Go Brand Australia has been paid in full for the Product under all individual agreements for the supply of the Product between Go Brand Australia and You;
- You are a bailee of the Product and any Further Product until such time that property in it passes to You. This bailment continues in relation to each Product or Further Product until the Price has been paid in full, and you owe Go Brand Australia the duties and liabilities of a bailee;
- Pending payment in full for the Product, You:
- Must not supply any of the Product or Further Product to any person outside Your ordinary or usual course or business;
- Must not allow any person to have or acquire any security interest in the Product or Further Product;
- Must insure the Product and Further Product for their full insurable or replacement value (whichever is the higher) with an insurer licensed or authorised to conduct the business of insurance in the place where You carry on business;
- Must not remove, deface or obliterate any identifying plate, mark or number on any of the Product; v. Must not deliver, move, or otherwise relocate the Product to any property or place not directly owned, leased or controlled by You, or permit any of these things to be done.
15.7 Despite clause 15.6, if you supply any of the Product or Further Product to any person before all moneys payable by You have been paid to Go Brand Australia, ‘You’ agree that:
- You hold the proceeds of re-supply of the Product or Further Product on trust for and as agent for Go Brand Australia immediately when they are receivable or are received;
- You must either pay the amount of the proceeds of re-supply to Go Brand Australia immediately when they are received or pay those proceeds into an account with a bank or a financial institution or deposit-taking institution as trustee for Go Brand Australia;
- Any accessory or item which is incorporated into or with any Product by You or any person at Your direction or request becomes and remains the property of Go Brand Australia until Go Brand Australia is paid in accordance with clauses 13.3 (a) and 13.3 (b) when the property in the Product (including the accessory) passes to You;
15.8 Go Brand Australia is entitled to recover possession of the Product from any place owned, possessed or controlled by You and You agree that Go Brand Australia has an irrevocable licence to enter that place or the Site and recover possession of the Product if You:
- Fail to pay all or any part of any Progress Claim or the Price on or before the date or dates that payment falls due;
- Commit an act of bankruptcy or make or attempt to make any arrangement with Your creditors;
- Become an externally administered body or are wound up voluntarily or have a Receiver appointed;
- Cease or threaten to cease carrying on business;
- A judgement is made against You which is not set aside or satisfied within 7 days;
- In the case that You are a sole director company, the director dies, is hospitalised or is otherwise unable for any reason to act as a director for a period of more than 2 weeks consecutively;
- In the case that You are a business, if Your owner or manager dies, is hospitalised or is otherwise for any reason unable to act as owner or manager for a period of more than 2 weeks consecutively;
15.9 You agree that Go Brand Australia has the right to bring an action against You if Your fail to pay the Price, notwithstanding that ownership of the Product has not passed to You.
- Your obligations and liabilities in this Quotation do not merge and will not be deemed to have merged or will not be prejudicially affected by any judgement or order obtained by Go Brand Australia against You.
- No waiver by Go Brand Australia of any breach by You shall be deemed to be a waiver of any continuing or recurring breach and the rights and remedies expressed or implied in this quotation shall not be prejudiced or affected by any time other indulgence given or granted by Go Brand Australia to You.
- Unless otherwise agreed by the parties in writing, the terms of this Quotation represent the entire agreement between the parties in respect of the Contract.
- Governing Law
16.1 The Quotation and subsequent Contract will be governed by the laws of Queensland.
16.2 Any dispute arising in conjunction with this Quotation shall be heard in Queensland courts and you irrevocably submits to the jurisdiction of these courts.
16.3 You and Go Brand Australia agree that proceedings may be commenced in any court in Queensland having jurisdiction and consent to that court having locality jurisdiction notwithstanding that the court would not have jurisdiction without this consent.
- If a clause or clauses in this Quotation are void, illegal or unenforceable, they may be severed without affecting the enforceability of the other provisions in this Quotation.
- Change of conditions
17.1 Go Brand Australia may vary the terms and conditions of this Quotation by notice in writing to You.
17.2 You agree that the ordering of any further Work after the notice of varied terms and conditions from Go Brand Australia will be acceptance of the varied terms and conditions.
18.1 All notices must be in writing and in the English language.
18.2 Any notice may be given to You by Go Brand Australia by:
- Personal delivery;
- Or delivery to the Your last known address;
- By facsimile;
- By certified mail;
- By ordinary mail, in which case unless the contrary is proven it will be deemed to have been delivered on the second business day following the date of posting; or
- By email, in which case unless the contrary is proven it will only be deemed to have been delivered upon acknowledgement of the email being sent by the receiver to the sender.
18.3 All notice that is given by You to Go Brand Australia is only deemed to be given on the date of receipt by Go Brand Australia.
- Read and Understood Terms
19.1 You acknowledge that you have read, and understood and accepted the terms of this quotation prior to accepting it.
- Your Authority
20.1 You authorise Go Brand Australia to make such enquires and receive such information from any of your bankers and business referees provided by You and otherwise from anyone as Go Brand Australia may reasonably consider necessary;
20.2 Certify that any information provided to Go Brand Australia is true and correct;
20.3 You acknowledge that Go Brand Australia has informed You in accordance with Section 18E(8)9c) of the Privacy Act 1988 as amended, that certain terms of personal information about You is permitted to be kept on a credit information file and might be disclosed to credit reporting agencies; 22.4 In accordance with Sections 18H and/or 18K and/or Section 18L(4) of the Privacy Act 1988 as amended, You:
- Agree to report being given to Go Brand Australia, for the purpose, of assessing the application for credit or commercial credit or assessing whether to accept You as guarantor as the case may be;
- Agree that Go Brand Australia may use, for the purpose off, assessing an application for credit or assessing whether to accept You as guarantor, information concerning Your commercial activities or commercial credit worthiness obtaining from a person or body carrying on business or undertaking involving the provision of information about the commercial credit worthiness of persons;
- Authorise Go Brand Australia to exercise Your rights of access to Your credit information files and credit reports.
20.4 You agree that Go Brand Australia may give to and seek from any credit provider reports and information that have any bearing on Your credit worthiness, credit standing, credit history or credit capacity for any of the following purposes:
- To assess an application by You for credit or commercial credit;
- To notify other credit providers of a default by You;
- To exchange information with other credit providers as to the status of your account where You are in default with Go Brand Australia or with any other credit provider;
- To assess Your credit worthiness or commercial credit worthiness at any time;
- To assess whether to accept You as guarantor or to continue supplying credit to You
20.5 You agree that Go Brand Australia may seek from a credit reporting agency, a credit report containing personal information about You to assess whether to accept You as a guarantor for credit applied for, or provided to a party where You are named as guarantor;
20.6 You agree that these authorisations shall continue to have effect for the duration of the person during which the credit or commercial credit is provided or sought by You from Go Brand Australia.
21. Force Majeure
If a Force Majeure event causing delay continues for more than Thirty (30) days, we may terminate this Agreement by giving at least Seven (7) Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
These terms and conditions are to be governed by and construed in accordance with the laws of Queensland and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Queensland and you agree to submit to the jurisdiction of those Courts.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.