Our proposals and quotations reference, and are subject to, the following terms and conditions:
Introduction
This Agreement explains the terms and conditions governing the provision of services to you by Plenty Systems Pty Ltd, hereinafter called "Plenty Systems" or "we" or “us”. It represents the whole agreement and understanding between us and the individual, corporation or organisation who subscribes to the Service hereinafter called "you". This document is referred to as the "Agreement".
Validity
Unless stated otherwise in writing, all pricing within our proposals and quotations shall remain valid for 30 days from the date of issue of the proposal or quotation.
Payments and invoices
You agree to pay a deposit of 50% of the total project price ahead of us commencing work, to be held in credit until conclusion of the project. We will submit our final invoices upon conclusion of the project. Retainer programs will be invoiced on the first day of each month in arrears. Receipt of your initial payment or deposit, or your written acceptance of our proposal or quotation, shall be deemed as acceptance of our proposal or quotation and of these terms and conditions.
You agree to pay our invoices within seven days of their receipt. If you are late in paying the invoice, you agree to be liable to interest at the rate of 2% per month, on a pro-rata basis, from the time that the payment became overdue until the time that the payment is actually made. Invoices for all of our services can be obtained by contacting us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Billing inquiries and disputes should be brought to our attention within 7 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate.
You can make payments to us by direct deposit, cheque or credit card, but if you pay by credit card then you agree to pay us the additional bank surcharge of 1.9% of the total amount paid.
Privacy
We agree to safeguard all of your personal information, and warrant that we shall not disclose or sell your information to any third party. Email newsletters will only be sent directly from us.
Relationship
We each agree that we are independent contractors, and that nothing in this agreement creates a partnership, joint venture, agency, franchise or employment relationship between us. You also agree that you are a legally valid entity capable of entering into this Agreement.
Unenforceable provisions
If a paragraph or term of this Agreement is judged to be void or invalid or unenforceable then that paragraph or term will be changed or reduced only to the extent as minimally necessary to bring it within the laws of that jurisdiction.
Governing Law
This agreement will be interpreted according to the Laws of Queensland and shall submit to the exclusive jurisdiction of the Queensland courts. All claims or actions that one of us has against the other will remain intact despite termination of the contract.
Title
Title to, and intellectual property rights in the consultancy material and the business support material transfers from us to you upon your full payment against our final invoice.
Consultants
Should you (or another party related to you) wish to offer fulltime employment or to directly contract with one of our staff or consultants, outside of this agreement, then you agree that you will compensate us for both the resultant loss of revenue and for the loss of our in-house expertise. This compensation shall be consistent with current recruitment industry practices whereby the compensation shall consist of $15,500 or 11% of the annual gross salary or gross amount provided to the staff or consultant (excluding GST), whichever is greatest.
Indemnity
You agree that the provision of information or other assistance by us in relation to the support does not guarantee your success in any business activity.
You acknowledge that any information, opinions or other assistance provided by us is in response to the information or material that you provide to us and that we are not responsible for the accuracy or completeness of this information or material, is for guidance purposes only, and shall not be relied upon as professional advice or a recommendation that a particular course of action be undertaken or that it is suitable for you or to your business. Any reliance or other use of the information, opinions or other assistance provided by us shall be entirely at your own risk.
You acknowledge that you will retain sole responsibility for your actions and decisions (regardless of whether they are based on options or suggestions provided by us). Furthermore, you agree that you will not bring any claim or action against either us arising from your receiving support, should your business activity not achieve its intended aims. You will release (to the full extent permitted by law) and indemnify us from and against any claim which may be brought against or made upon or incurred by us arising directly or indirectly out of any advice provided by us or any Agreement you enter into with us or a third party, as a result of the advice provided by us.
Modification
We reserve the right to modify this Agreement at any time, effective upon posting of the modified Agreement to this URL. You are responsible for reading this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.
Waiver
No waiver of any of the provisions of these Terms and Conditions will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
Definitions
The following definitions are used within this document:
You means the company, organisation and/or person to whom the proposal or quotation is addressed.
Us, we or Plenty Systems means – unless inconsistent with or repugnant to the meaning of the text – Plenty Systems Pty Ltd of 433 Logan Road, Stones Corner, Queensland 4120, Australian Business Number (ABN ) 16 085 565 840, telephone (07) 3394 8247, facsimile (07) 30416031, email This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
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