Elite Projex Pty Ltd Terms and Conditions of Service Agreement.
Our terms and conditions are subject to change at any time.
By enlisting Elite Projex Pty Ltd to work on your event-based project you agree to our below terms and conditions of service.
1. Definition
1. Contract’ – the document or documents setting out the services to be provided by us together with these terms and conditions and a signed contract and acceptance.
2. ‘You’, 'The Hirer' 'Client' – the person, company or organisations engaging our services.
3. ‘We’, ‘Us’, ‘Our’ means Elite Projex Pty Ltd. ABN 96 618 180 484, its employees and agents.
4. ‘Equipment" means the products, goods, stock, or other items hired out by the Owner to the Hirer.
5. Our ‘services’ – the services to be provided by us which include but are not limited to event management, event design, event planning, event hosting, provision of marketing support, project management, production services, market research, custom display management & production services, Event & Exhibition Concept Design and manufacturing plans, equipment hire.
6. ‘Our suppliers’ – suppliers/agents/contractors/partners we work with to provide services and/or products.
2. Services
1. Quotations are based on requirements supplied by the client and are valid for 14 days from the issued date. If requirements and scope of works change so will the price.
2. All items are on hire for the show duration unless otherwise specified in quotation as a 'client purchased item and/or asset, or in writing by Elite Projex. Excluding all graphics unless they are vinyl graphics mounted on hire items. All client owned graphics and any purchased items are to be removed by clients at bump out, it is the clients responsability to directly communicate with Elite Projex what they intend to do with these items before bump out, if no communcaiton is given by the client about when they are collecting them from site all items will be disposed of within one week from the bump out date, if not arranged there will be disposal fees incurred.
3. Artwork files are to be supplied print ready to us by you no later than the specified due date provided. Elite Projex can offer a graphic design service if you are not able to provide print ready files. Design set up costs are $140.00 per hour ex gst. Client must ensure layout, spelling, colourings on all graphics are correct and sign and return the graphic proof we supply. We take no reasonability for incorrect information supplied and reprint costs will apply to the Client if re printing is required.
4. Our event packages are put together with vendors/suppliers & are subject to availability & subject to change at any time. If suppliers’ schedules do not permit Elite Projex Pty Ltd will find suitable replacement options for the client. Elite Projex Pty Ltd event packages are based on clients briefs and our interpretation of requirements, and it is the client’s responsibility to make sound and professional judgement if the event package is suitable for their brand. Elite Projex Pty Ltd can assume no responsibility for vendors/supplier behaviour, equipment, or performances. Any damage, or theft to venues and/or event equipment is the responsibility of the client. All additional costs applied to final invoices from vendors post event will be the responsibility of the client. Elite Projex Pty Ltd acts as an event agency facilitating the coordination of events only.
3. The Hirers Obligations
1. The Hirer will:
1. Bear responsibility for the Equipment hired from the time of its delivery until collection by or return to the owner.
2. Upon installation, delivery or collection of the Equipment immediately examine the Equipment to satisfy itself as to its condition and suitability and fitness for the purpose to which it requires the Equipment. In accepting the Equipment and/or taking possession of goods supplied, the Hirer acknowledges that it has duly examined the Equipment and has satisfied itself as required.
3. The Hirer acknowledges that it has not in any way relied upon the skill or judgement or any representation made by or on behalf of the Owner in respect of the Equipment, its purpose, suitability, or performance. Should the Hirer alter its installation or delivery requirements prior to, during, or after installation or delivery, the Hirer is liable for all extra costs of the Owners employees and cartage.
4. Assume the risk of and indemnify and hold the Owner harmless from and against all property damage and personal injury resulting from:
1. The use of the Equipment.
2. Contact with underground cables, pipes, services, or other obstructions.
3. All necessary surface repairs.
2. Use the Equipment in a proper, safe, and prudent manner and only for the purpose and capacity for which it was designed.
3. Equipment hire is at hirers own risk. The hirer is liable if Equipment is damaged, missing or stolen throughout the hire period, including install & dismantle periods. Please do not remove equipment at any time, and please note replacement costs will apply to the Client if required.
4. Ensure all Equipment is returned or ready for collection by the Owners driver, in a clean, dry, and properly packed condition and if being collected, is readily accessible.
5. The Hirer will pay for all cleaning or drying costs and for any damage resulting from not properly drying, cleaning and/or packing the Equipment.
6. Obtain any required approvals or permits and pay any fees associated with the use of the equipment.
4. Release and Indemnity and Limitation of liability
1. The Hirer hereby releases the Owner from and agrees to indemnify the Owner in respect of any third-party claims, action, suits, demands, costs and expenses for damage or injury to person or property arising directly or indirectly out of the hire or use of the Equipment by the Hirer or these Terms.
2. Except to the extent that the Owner is prevented by law, all guarantees, terms, conditions, warranties, undertakings, inducements, or representations imposed by legislation in relation to the hire agreement whether express or implied, statutory, or otherwise, relating to this hire agreement or its subject matter are excluded.
3. In circumstances where the Owner’s liability cannot be excluded, and the Owner is able to limit the Owner’s liability the Owner’s liability is limited (at the Owner’s election) to the repair and replacement of the equipment or the supply of substitute equipment (or the cost of doing so).
4. Subject to clauses 7.2 and 7.3 the Owner’s maximum aggregate liability for all claims under or in connection with this hire agreement is limited to an amount equal to the fees paid by the Hirer under this hire agreement. The Owner will not be liable to the Hirer for any consequential, indirect, or special loss or damage, loss of actual or anticipated profits or revenue, loss of business, business interruption, wasted costs the Hirer has incurred and amounts the Hirer is liable to third parties.
5. The Owner is not liable for any damage to any equipment or products that occurs in transport, including move in and out periods. This includes but is not limited to, client products, graphics and custom display items.
6. The Owner is not liable for any onsite delays including but not limited to, venue access, supplier/contractor/agent delays or equipment faults or client delays, including any items that are ordered by the hirer and are delayed by freight.
7. The Owner is not responsible for client owned products, custom items, graphics and/or personal belongings, and will not be responsible for theft, damage, freight delays, disposal throughout any period on the event, including bump in and out.
8. All onsite services and/or any venue related services including but not limited to; power connection, testing & tagging, venue rigging, water, waste and plumbing, Wi-Fi/internet connection, freight/loading dock charges for loading all items in and out, onsite storage and rubbish disposal, are the Hirers responsibility. Any costs associated with the above will be passed directly on to the Hirer.
9. We are not liable for any client goods, products and or stand owned items that are lost, damaged, delayed or misplaced in transport at any period, this includes bump in and out periods for each show onsite. Clients are recommended to transport their goods directly to and from the venue with onsite logistic contractors and be there when they arrive and are due to be collected. Please note if freight is arranged by us for any client owned stand only items it is with third-party providers, and we are not liable for their actions. We do not manage freighting, load in and out or handle client products at any time.
10. We do not accept any liability for non-completion of an event and or exhibition or an event for any delay arising outside of our control including but not limited, "Force Majeure Event", supplier delays, freight delays of any item supplied by the hirer and/or negligence and other labour difficulty, including cancellation or postponement.
5. Insurance.
1. The client is responsible for taking out and maintaining all appropriate insurance policies in respect of any goods provided in the client proposal, including exhibition and event hire items.
2. We have the following insurance policies:
1. Public liability insurance up to the sum of $20 Million AUD
2. Product liability insurance up to the sum of $20 Million AUD
3. Professional indemnity insurance up to the sum of $2 Million AUD
Elite Projex Pty Ltd insurances premiums do not cover any client’s, staff, or products at any time.
7. Warranty of Authority & Acceptance
The Client acknowledges that it is bound by these Terms & Conditions by virtue of:
1. Client acceptance and engagement of our services can include but is not limited to the below:
1. The signature of your event proposal contract document and returning to us via electronic mail.
2. Confirmation in writing by electronic mail, referring you are moving forward with Elite Projex referring to contract/proposal/design/event.
3. Requests that we perform design & project management services, stand build and event services for you on a scope of work.
2. Any person signing or purporting to sign the contract or another document on behalf of the client warrants that they have the authority of the client to sign and indemnifies the Owner against all losses incurred if that person does not have such authority.
7. Termination
1. The Owner may terminate the Contract at any time via electronic mail without liability to the Client for reasons including but not limited to the below:
1. Outstanding monies.
2. Client failing to comply with event production timeframes.
3. Client risking the reputation of Elite Projex.
4. Client providing false, misleading and/or withholding information impacting on Elite Projex Pty Ltd ability to perform work to our normal standard.
5. The client causing interference onsite, delaying and/or interrupting our employees and/or agents from completing their work to our normal standard.
6. Abusive behaviour to Elite Projex Pty Ltd team and/or contractors/agents.
2. In the event the Owner terminates the contract the client is still responsible for all monies owed as per clause 10.4 and 10.5.
3. The client may cancel their event package at any time after giving approval however all cancelations for whatever reason will incur a 50% cancellation of the overall cost, not including costs of all work commenced including but not limited to, materials, project management services, designs, labour, supplier services.
4. All custom orders that are cancelled after client approval will incur costs at 100% of the price.
5. Cancellation requests made 8 weeks out from the scheduled bump in date will see the original approved agreement and all items confirmed by client billed in at the full proposal amount that was approved.
6. All cancellation requests must be submitted to Elite Projex Pty Ltd in the form of electronic email directly to your Event Manager.
7. All final invoices for outstanding monies will be issued to the client the day the cancellation is received by the client or given by Elite Projex Pty Ltd - refer to section 10. Pricing & Payment terms for payment details.
8. Additional Costs
1. For design, consultancy and other similar services provided in connection to client’s event, all additional requests are subject to availability. Graphic design fees start at $140 per hour.
2. All variations to original contract and extra requests incur additional fees and will be quoted & invoiced accordingly.
3. Additional charges apply to all onsite orders and are subject to availability, all onsite work that varies from the contract will be charged at the project management rate of $150.00 p/h ex GST in business hours 8.30am-5.30pm and extra fees apply for work outside of business hours, weekends, and public holidays.
4. All onsite delays to our team will incur additional charges of a 4-hour minimum to start.
5. Any onsite service requests throughout the event and/or exhibition period.
6. In the event we are asked to set up/integrate and dismantle client products additional costs apply, we take no reasonability for any loss, theft or damage of client products at any time including bump in and out.
7. Our proposal/quotations do not include, post event storage of client owned stand items, including freight and logistics, options for these services and costs can be supplied upon request.
8. If you do require us to store your purchased stand items post show, we can store at additional charges but take no reasonability for any damages or hold no insurance for your items stored.
9. please note if payment for stored items and/or any outstanding monies are not received by invoice due dates your items will be disposed of and disposal charges will be applied.
10. Goods for pickup of owned items from our warehouse will be released when all final payments are cleared and will not be released otherwise.
11. Our proposal/quotations do not include Refurbishment of client owned stand items for any damage or wear and tear, options for these services and costs can be supplied upon request.
9. Copyright and Intellectual Property Design, Drawing Services
1. Design fees are $140.00 p/h ex GST. We offer one 3D render and one round of changes free of charges, all other client changes and requests are charged at the above rate. All 3D renders and 2D build/layout plans and other information are owned by Elite Projex Pty Ltd and the designer listed on the pages.
2. All Drawings provided to the client are the property of the Owner. Reproduction or distribution of our design to any party for any purpose is expressly forbidden without the written permission from Elite Projex Pty Ltd. If you distribute our design to a third party to quote/produce, you will be issued with your design fee invoice, and this is to be cleared in full by the due date stated.
3. Final finishes, materials, colouring, products, and substrates may differ from the concept to the final product, and we hold the right to alter final designs and finishes at our discretion.
4. The client acknowledges that we have copyright and intellectual property in the work we do. Any unused design concepts will remain our property and can be used by the owner.
5. We retain the right to use completed projects as examples across our marketing platforms, including but not limited to, social media platforms, websites, brochures.
6. We collect your information for our use only, please note any information we obtain will not be on sold or shared.
7. Information supplied by the client is confidential and will be integrated onto our design project, information will be shared with suppliers if required for project purposes only.
10. Pricing & Payment & Approvals
1. A 50% deposit is required on all work and must be cleared by invoice due date.
2. A 50% final invoice is due 10 business dates prior to event bump in date, invoices not paid by due date will not be delivered. In the event we do not deliver goods due to not receiving final payment all outstanding invoices will be referred to our solicitor.
3. A 15% surcharge may apply to any orders placed 6 weeks out from event bump in date.
4. Approval of works is accepted verbally and/or in writing. Once approval is given to us by client Elite Projex will start production, any items cancelled after approval will incur relevant cancellation costs refer to 5. & 6. below.
5. Upon withdrawal of agreed services for whatever reason a 50% cancellation fee of client’s overall order is applied, not including costs of all work commenced including but not limited to, materials, project management services, design work, labour, supplier services, please see 10.7.
6. Upon withdrawal of agreed services for whatever reason a 100% cancellation fee of client’s overall order is applied to all custom event elements.
7. Cancellation requests made 8 weeks out from the scheduled bump in date will the see the original client approved agreement and all items ordered billed in full.
8. A 6% weekly late fee is added to all invoices that exceed payment due date. In the event your account becomes overdue any outstanding monies will be referred to our solicitor to collect. All fees associated with recovering monies will be added to your final client account.
9. All published and provided pricing is subject to change.
10. All pricing is in Australia currency, excludes goods and services tax and stamp duty unless otherwise stated.
