Terms and Conditions
This Agreement is made up of these Terms and Conditions, the Schedule and any other documents attached to this document which must be read together. To the extent of any inconsistency, these Terms and Conditions prevail.
Visual Amplifiers Pty Ltd (ABN 13 601 198 850) of Level 6, 50 King Street, Sydney NSW 2000 Tel: 1300 606 614 Email: firstname.lastname@example.org
These terms apply to the services agreed by you (the Supplier) and Visual Amplifiers Pty Ltd (ABN 13 601 198 850) of Level 1, 15-17 Young Street Sydney NSW 2000 (the Purchaser) from time to time, such services being offered by the Purchaser to the Supplier on the “VAMP” phone application (Phone App), and accepted by the Supplier on the Phone App.
The Services may include the posting of images on “Instagram” (Brief), and for each Brief, the Services will require (amongst other matters set out in the Phone App) that the Supplier:
- post images in respect of a nominated brand to Instagram (Post), with a designated #tag and/or @mention on the Post (as detailed in the Phone App);
- not Post, #tag or @mention any specified brands (as detailed in the Phone App); and
- Post within a designated date range (as detailed in the Phone App), and not remove a Post at any time.
For each Brief, the Supplier will be paid a set amount, which is a fixed amount, regardless of the number of Posts that the Supplier posts for a Brief (plus GST if the Supplier is registered for GST). For other Services (if any), the Supplier will be paid such amount set out in the Phone App (plus GST if the Supplier is registered for GST). The Purchaser may, from time to time, deduct withholding tax from any amounts payable to the Supplier under this terms if required by law.
Important: all payments made by the Purchaser to the Supplier will be through Paypal using the telephone number or / email address provided by the Supplier. Please ensure these details have been provided and are correct.
4. When will the Supplier be paid
On completion of the relevant Services.
For each Brief, The Supplier will only be paid when the Supplier has provided all of the Services in accordance with the Brief and if the Supplier is not in breach of these terms.
Where the Supplier is required by law to provide the Purchaser a valid Tax Invoice (which includes, without limitation, the GST component and amount to be paid to the Purchaser), the Supplier will only be paid when such a Tax Invoice has been provided to the Purchaser.
5. Other Terms
• In the event of any inconsistency between these terms and the Phone App, these terms will prevail.
• The Supplier agrees to exclusively provide the Services or services similar to the Services to the Purchaser.
• The Supplier will not (either directly or indirectly) compete with or establish a business which is in competition with the Purchaser or the Services.
• At any time after the date of these terms, the Supplier agrees to not publish any written or printed material, make any statement or do any other thing which may tend materially to defame the Purchaser or any brand, product or person referred to in a Brief or Services, or to say or do anything in relation to the Purchaser or any brand, product or person in a Brief or Services, that is adverse or prejudicial. The Supplier will not permit any of these acts to be performed on the Supplier’s behalf by others.
• Nothing in these terms or its performance constitutes any relationship of employer and employee, principal and agent or partnership between the Purchaser and the Supplier. The Supplier must not represent the Supplier’s self as being an employee, agent or partner of the Purchaser.
• All documentation, images, material and information produced by The Supplier in the course of performing the Services (including any Brief) becomes the property of the Purchaser upon the Purchaser paying the Supplier on completion of the relevant Services (Payment Date), or on the Supplier breaching these terms, and the Supplier hereby assigns all copyright, including future copyright, in that documentation, images, material and information to the Purchaser effective on the Payment Date or on the date the Purchaser notifies the Supplier of a breach of these terms (as the case may be).
• Under no circumstances shall the Purchaser be liable to the Supplier for any special incidental, indirect, statutory, exemplary, punitive or consequential damages, including loss of profits, arising out of or related to these terms or the breach hereof even if the Supplier has advance notice of the possibility of such damages.
• The Purchaser may terminate these terms without cause at any time by notice to the Supplier (including by providing a notice to the Supplier on the Phone App). On termination, the Supplier must immediately remove the Phone App from the Supplier’s mobile device, and on request, return all materials provided by the Purchaser to the Supplier.
• The Supplier must not sub-contract or assign the whole or any part of these terms. The Purchaser may assign these terms by notice to The Supplier.
• The Supplier agrees to provide certain personal information to the Purchaser, such as the Supplier’s name, address, email address, age, contact phone number, Paypal account details and such other information requested by the Purchaser including, without limitation, in relation to the Supplier’s tax status (Information). The Supplier represents and warrants to the Purchaser that the Information the Supplier provides is, and will be at all times, true and accurate in all respects. The Supplier must notify the Purchaser of any change in circumstances that may cause the Information the Supplier has provided to the Purchaser to become misleading, inaccurate or untrue. The Supplier acknowledges that the Purchaser will rely on the Information in performing its obligations under these terms and in complying with applicable laws (including without limitation, any taxation laws) and the Supplier hereby indemnifies the Purchaser for any special incidental, indirect, statutory, exemplary, punitive or consequential damages, including loss of profits, arising out of, or in any way related to the inaccuracy of the Information.
• These terms contains the entire agreement between the parties notwithstanding any negotiations or discussions held or documents signed or statements made prior to the date of these terms. These terms may only be amended by written agreement between the parties.
• These terms are governed by the laws in force in New South Wales, Australia.
By pressing ‘Yes’/’I accept/Submit‘, these terms shall constitute the agreement between the Purchaser and the Supplier and the Supplier agrees to be bound by these terms.