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Market Titans Agency Pty Ltd t/a Systems and Teams · ABN 82 642 540 734 · ACN 642 540 734
The agreement defines key terms including:
1.1 Systems and Teams specifies the required Services and charges in the Quotation.
1.2 Services aren’t provided until the Client accepts the Quotation and Agreement.
1.3 Quotation prices remain valid for 30 days from issuance.
1.4 Prices are GST-inclusive unless stated otherwise.
The quoted price can be varied per the Agreement and excludes any listed exclusions.
Acceptance occurs through:
4.1 Systems and Teams may require upfront payment (partial or full), specified in the Quotation within stated timeframes.
4.2 “Any payment made by the Client to Systems and Teams will be non refundable unless otherwise agreed in writing.”
4.3 Full payment is due per the Quotation/Invoice timeline; invoices are due within 14 days.
4.4 Systems and Teams may refuse Services until full payment is received.
4.5 Upfront discounts may be offered per the Quotation.
4.6 If the Client makes an upfront payment but becomes unresponsive, remaining amounts are charged incrementally over 4 months. The Client authorises these payments upon acceptance.
5.1 Late payment consequences:
6.1 Client-requested variations require Systems and Teams’ approval.
6.2 Systems and Teams may vary a Quotation if:
7.1.5 Systems and Teams bears no liability for damages arising from cancellation, including for incomplete Ongoing or One-Off Services.
7.2.3 If the Client cancels outside clause 7.2, the Client pays 15% of the amount outstanding as a cancellation fee.
7.3 The Client reimburses Systems and Teams for cancellation costs within 14 days of invoice.
8.1 “The Client agrees that no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever have been made about the Client’s future prospects.”
8.2 The Services don’t constitute waiving any legal or regulatory obligations.
8.3 The Client accepts full responsibility for their own financial, personal, and business success; Systems and Teams accepts no liability for losses arising from materials used.
9.1 Services are either Ongoing or One-Off.
9.2 The Quotation specifies the service type and timeframes; Ongoing Services are paid in advance.
10.1 This Agreement doesn’t exclude any non-excludable legal protections.
10.2 “To the extent permitted by law, all terms, conditions, warranties and representations, expressed or implied, by statute or otherwise, are hereby expressly excluded.”
10.3 Systems and Teams is not liable for injury, loss, damage, costs, consequential or economic loss, or loss of profit arising from the Services or a breach.
10.4 Subject to Australian Consumer Law, Systems and Teams won’t accept returns or give credit for Services or documents.
10.5 Subject to Australian Consumer Law, Systems and Teams is not liable for consequential or indirect losses.
11.1 Systems and Teams receives instructions only from the signing Client; other employees or agents require separate notice.
11.2 Systems and Teams is not liable for losses arising from accepting instructions per this clause. Electronic communications may contain defects or viruses; the Client accepts such communications and releases Systems and Teams from liability.
12.1 Systems and Teams bears no liability for failures caused by fire, flood, tempest, earthquake, riot, civil disturbance, theft, vandalism, crime, strike, lockout, breakdown, war, or other matters beyond its control.
13.1 Systems and Teams collects and handles Client personal information per the Privacy Act 1988 (Cth).
13.2 The Client agrees Systems and Teams may disclose personal information to related companies and service providers.
13.3 The Client agrees content shared in Systems and Teams’ forums, chats, or community pages may be used for advertising, marketing, and promotion.
14.1 Systems and Teams is entitled to reimbursement of statutory authority costs and charges.
15.1 Disputes are resolved by authorised representatives meeting within 14 days in South Australia, at Systems and Teams’ nominated location.
15.2 If unresolved, the parties may mutually agree to mediation with a mutually-selected mediator, or the Law Society of South Australia President appoints one if the parties disagree. Costs are split equally.
15.3 If mediation fails or either party refuses it, either party may pursue legal proceedings.
15.4 During dispute resolution, both parties continue performing the non-disputed parts of the Agreement.
16.1 Neither party may assign this Agreement without the other’s prior written consent.
16.2 Systems and Teams’ consent may be granted or withheld absolutely, and doesn’t constitute a waiver of rights.
17.1 The signing person guarantees all monies due under the Agreement, continuing after termination until full payment is made.
18.1 “The Client acknowledges that Intellectual Property of Systems and Teams is used to provide the Services and in the materials and documents provided by Systems and Teams.”
18.2 Copyright in documents produced by Systems and Teams belongs to Systems and Teams.
18.3 Without express written authorisation, the Client cannot reproduce, adapt, distribute, or transmit those documents except as permitted under the Copyright Act 1968 (Cth).
19.1 The Client pays applicable GST and other taxes, duties, and fees per Australian Taxation Office requirements. Prices are GST-inclusive unless stated otherwise.
20.1 This Agreement contains the entire understanding between the parties; prior negotiations are incorporated herein.
20.2 The parties acknowledge no warranties or representations exist except as incorporated in this Agreement.
20.3 This Agreement is governed by South Australian law; the parties submit to the exclusive jurisdiction of the South Australian Courts.
20.4 Void or unenforceable provisions are severed without affecting the remaining validity of the Agreement.
20.5 The Client agrees to treat other members and clients respectfully and not restrict their use of the Services.
20.6 Anti-social or indecent behaviour toward members triggers a review; Systems and Teams may cancel per clause 7 with no refund. A warning may precede cancellation.
20.7 Client access expires within six months of the initial payment if the Services haven’t been actively used.
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