The following terms have the following meanings:
(a)
Agreement or terms means these terms of business, unless the context otherwise requires.
(b)
Australian Consumer Law means the Australian Consumer Law described in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
(c)
Expenses means any fees or charges payable by us to a third party on your behalf that arise in connection with the Services.
(d)
Fees means the amount payable for the Services, as described in a Quote.
(e)
Hourly Rates means the rates chargeable by us per hour for the Services, as specified in a Quote or in relation to Retainer Engagements, as in force and published from time to time by RHD on its website at
redherring.net.au/hourly-rates.
(f)
Order means any request for the provision of Services by you that has been accepted by us, or the acceptance by you of a Quote.
(g)
Intellectual Property Rights includes, but are not limited to copyrighted material, registered and unregistered trademarks, artistic works, photographs, images and other graphic designs, know-how, trade secrets, data, analysis, business information.
(h)
Loss means any and all claims, liabilities, losses, costs, or expenses (including legal costs and expenses).
(i)
Minimum Term means the period of 3 months from the date you sign or accept this agreement or a Minimum Term otherwise agreed or specified in a Quote.
(j)
Ongoing Services means the provision of services on an ongoing basis and charged on a monthly basis, as described in a Quote.
(k)
Payment Terms means 14 days from the date of issue of an invoice, unless otherwise specified in a Quote or agreed by the parties.
(l)
Personnel means a party’s employees, secondees, directors, officers, contractors, professional advisors and agents.
(m)
Quote means a written quote or proposal or any other document provided to you by us which specifies the Services that we will provide and the Fees you will pay for the provision of those Services.
(n)
Security Deposit means the amount referred to in clause 5.
(0)
Referred Client means every non-current client that you refer to us and who mentions you as a referrer.
(p)
Referral Discount means a $500 credit on your next invoice.
(q)
Retainer Engagement means the provision of Services by RHD which are identified as a “Retainer Engagement” or “Ad Hoc” in a Quote and are invoiced pursuant to
Hourly Rates on a monthly basis or as otherwise reasonably determined by RHD.
(r)
Services means the items, deliverables and/or services provided, or to be provided, by us to you as identified in a Quote.
(s)
Termination Fee means 50% of the Fees that would otherwise be payable during the remainder of a Minimum Term.
(t)
Third Party Charges means any payment to be made directly by you to a third party in connection with the Services, e.g. advertising charges.