Payment Plan Terms
In this document:
"Seller" or "we" means the franchisee with which you have signed a Service Agreement with;
"Agreement" means the agreement created between you and the Seller by this document
"Confidential Information" means information that is or has been disclosed by one party to the other, but does not include any information that is:
(a) on receipt, in the public domain, or that subsequently enters the public domain without any breach of this Agreement;
(b) on receipt, already known by the party receiving it;
(c) at any time after the date of receipt, received in good faith from a third party; or
(d) required by law to be disclosed;
"Customer" or "you" means the customer identified in the Service Agreement and the accompanying Payment Plan;
"Parties" means you and the Seller;
"Party" means either you or the Seller as the context dictates; and
"Payment Schedule" means the Payment Schedule set out in the accompanying Payment Plan.
"Services" means the services the Seller has agreed to supply to you, as specified on the accompanying quotation.
1) This Agreement applies to the Payment Plan between you and the Seller in respect of payment for the services agreed in the Service Agreement.
Payment Plan Terms
2) The total amount payable, the amount of the payments and the frequency of payments are set out in the Payment Schedule.
3) The amount of the interest charged is 18% amortised over the period of payments.
4) The Seller accepts payments by credit card and BPay. Credit card payments attract a surcharge of 1.75%.
5) The Customer acknowledges that the Seller may suspend or terminate any work not completed, any recurring hosting services, any maintenance services or any other ongoing services if a payment cannot be taken in accordance with the Payment Schedule and will not restart until payments are brought up to date.
Termination of Payment
6) The Customer may terminate the Payment Plan and pay the total amount payable at any time upon providing the Seller with 30 days prior written notice.
7) The Seller agrees that if the Payment Plan is terminated and the total amount payable paid by the Seller, that the interest amortised over the period of payments will be refunded pro rata in accordance with the date of termination of the Payment Plan.
8) Neither party may use or disclose any Confidential Information other than:
(a) to its employees to the extent necessary;
(b) with the express prior written consent of the other party; and
(c) to its professional advisers;
on a confidential basis.
9) Each party agrees to implement such security arrangements as may be necessary to ensure that the secrecy of the Confidential Information is preserved.
10) Where any dispute arises between the parties concerning this Agreement, or the circumstances, representations, or conduct giving rise to the Agreement, no party may commence court proceedings relating to the dispute (other than for injunctive relief) unless that party has complied with the procedures set out in clauses 11-13 hereof.
11) The party initiating the dispute ("the first party") must provide written notice of the dispute to the other party ("the other party") and nominate in that notice the first party's representative for the negotiations. The other party must within seven days of receipt of the notice give written notice to the first party naming its representative for the negotiations. Each representative nominated shall have authority to settle or resolve the dispute.
12) If the parties are unable to resolve the dispute by discussion and negotiation within 14 days of receipt of the written notice from the first party, then the parties must immediately refer the dispute to mediation.
13) The mediation must be conducted in accordance with the procedures adopted by the Australian Commercial Disputes Centre. The mediation must be conducted by a mediator at a fee agreed by the parties. Failing agreement between the parties in respect of fees, the mediator shall be selected and his/her fee determined by the President of the Queensland Law Society.
14) Delay is not a waiver. No failure or delay by either party in exercising any right, power or remedy under this Agreement, except as specifically provided in this Agreement, will operate as a waiver of any such right, power or remedy.
15) Survival of Agreement. Subject to any provision to the contrary, this Agreement shall endure to the benefit of and be binding upon the parties and their successors, trustees, permitted assigns or receivers but shall not endure to the benefit of any other persons.
16) Severability. If any provisions of this Agreement are held to be invalid or unenforceable, they are to that extent to be deemed omitted and the remaining provisions of this Agreement will remain in full force and effect.
17) Jurisdiction. This Agreement shall be governed by the laws of Queensland and the Commonwealth of Australia, and the parties submit to the exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia.
18) Entire Agreement. This Agreement (being this document and the accompanying Payment Schedule) constitutes the entire agreement concerning the subject of a Payment Plan, and supersedes all previous communications, representations, understandings and agreements, whether verbal or written. For the avoidance of doubt this Agreement is to be read in conjunction with the Service Agreement and the obligation of the Seller to supply services and the customer to provide payment for such services.