Terms & Conditions

Deposit Terms and Conditions:

Deposit is required within 3-4 business days of booking confirmation. Total owing payment is required on the day of the event. As per Fair Trading New South Wales "A deposit compensates the business for the time and expense devoted to the transaction. If you change your mind, the business may be entitled to keep all or part of your deposit. The actual amount the business is allowed to keep depends on the circumstances. It should not be so high as to constitute a penalty.". Therefore if you cancel with us within 2 weeks of your event date we will keep 100% of your deposit.

BACKGROUND:

A. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.

B. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:

SERVICES PROVIDED

1. The Client hereby agrees to engage the Contractor to provide the Client with the following services (the "Services"):

Mobile Bartending

2. The Services will also include any other tasks the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.

TERM OF AGREEMENT

3. The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force4 until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term may be extended with the consent of the Parties.

4. In the event that either Party wishes to terminate this Agreement prior to the completion of the Services, that Party will be required to provide 14 days' written notice to the other Party.

PERFORMANCE

5. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

CURRENCY

6. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in AUD (Australian Dollars).

PAYMENT

7. The Contractor will charge the Client a predetermined fee for the Services (the "Payment").

8. A deposit of $100.00 (the "Deposit") is payable by the Client upon execution of this Agreement.

9. For the remaining amount the Contractor will invoice the Client when the Services are complete.

10. Invoices submitted by the Contractor to the Client are due upon receipt.

11. In the event that this Agreement is terminated by the Client prior to completion of the Services but where the Services have been partially performed, the Contractor will be entitled to pro rata payment of the Payment to the date of termination provided that there has been no breach of contract on the part of the Contractor.

12. The Payment as stated in this Agreement does not include sales tax, or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the Client in addition to the Payment.

13. Confidential information (the "Confidential Information") refers to any data or information relating to the

business of the Client which would reasonably be considered to be proprietary to the Client including, but

not limited to, accounting records, business processes, and client records and that is not generally known

in the industry of the Client and where the release of that Confidential Information could reasonably be

expected to cause harm to the Client.

14. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any

Confidential Information which the Contractor has obtained, except as authorised by the Client or as

required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely

upon termination of this Agreement.

15. All written and oral information and material disclosed or provided by the Client to the Contractor under this

Agreement is Confidential Information regardless of whether it was provided before or after the date of this

Agreement or how it was provided to the Contractor.

16. All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant

registrations or applications for registration, and rights in any patent, copyright, trade mark, trade dress,

industrial design and trade name (the "Intellectual Property") that is developed or produced under this

Agreement, will be the sole property of the Client. The use of the Intellectual Property by the Client will not

be restricted in any manner.

17. The Contractor may not use the Intellectual Property for any purpose other than that contracted for in this

Agreement except with the written consent of the Client. The Contractor will be responsible for any and all

damages resulting from the unauthorised use of the Intellectual Property.

RETURN OF PROPERTY

18. Upon the expiry or termination of this Agreement, the Contractor will return to the Client any property,

documentation, records, or Confidential Information which is the property of the Client.

19. In the event that this Agreement is terminated by the Client prior to completion of the Services the

Contractor will be entitled to recovery from the site or premises where the Services were carried out, of any

materials or equipment which is the property of the Contractor or, where agreed between the Parties, to

compensation in lieu of recovery.

CAPACITY/INDEPENDENT CONTRACTOR

20. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an

independent contractor and not as an employee. The Contractor and the Client acknowledge that this

Agreement does not create a partnership or joint venture between them, and is exclusively a contract for

service.

RIGHT OF SUBSTITUTION

21. Except as otherwise provided in this Agreement, the Contractor may, at the Contractor's absolute

discretion, engage a third party sub-contractor to perform some or all of the obligations of the Contractor

under this Agreement and the Client will not hire or engage any third parties to assist with the provision of

the Services.

22. In the event that the Contractor hires a sub-contractor:

the Contractor will pay the sub-contractor for its services and the Payment will remain payable by the Client to the Contractor.
for the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of the Contractor.

AUTONOMY

23. Except as otherwise provided in this Agreement, the Contractor will have full control over working time,

methods, and decision making in relation to provision of the Services in accordance with the Agreement.

The Contractor will work autonomously and not at the direction of the Client. However, the Contractor will

be responsive to the reasonable needs and concerns of the Client.

EQUIPMENT

24. Except as otherwise provided in this Agreement, the Contractor will provide at the Contractor’s own

expense, any and all tools, machinery, equipment, raw materials, supplies, workwear and any other items

or parts necessary to deliver the Services in accordance with the Agreement.

NO EXCLUSIVITY

25. The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and

after the Term, to engage or contract with third parties for the provision of services similar to the Services.

INDEMINIFICATION

28. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted

by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective

directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns

against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable

legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission

of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and

permitted successors and assigns that occurs in connection with this Agreement. This indemnification will

survive the termination of this Agreement.

MODIFICATION OF AGREEMENT

29. Any amendment or modification of this Agreement or additional obligation assumed by either Party in

connection with this Agreement will only be binding if evidenced in writing signed by each Party or an

authorised representative of each Party.

TIME OF THE ESSENCE

30. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a

waiver of this provision.

ASSIGNMENT

31. The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under

this Agreement without the prior written consent of the Client.

ENTIRE AGREEMENT

32. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this

Agreement except as expressly provided in this Agreement.

ENUREMENT

33. This Agreement will ensure to the benefit of and be binding on the Parties and their respective heirs,

executors, administrators and permitted successors and assigns.

TITLES/HEADINGS

34. Headings are inserted for the convenience of the Parties only and are not to be considered when

interpreting this Agreement.

GOVERNING LAW

35. This Agreement will be governed by and construed in accordance with the laws of the State of New South

Wales.

SEVERABILITY

36. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or

in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or

unenforceable parts severed from the remainder of this Agreement.

WAIVER

37. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement

by the other Party will not be construed as a waiver of any subsequent breach of the same or other

provisions.