LocallySocially

Terms

Peoples, persons’, companies, businesses or sole-traders paying for services or downloading products via LocallySocially payment platforms, become “The Client”.

Goods and/or services supplied pursuant to this quotation or a subsequent order (“the goods”) will be supplied on the basis that payment is due prior to the date of the invoice/supply. In the event of default in payment of any amount due by The Client, LocallySocially may, without prejudice to any other rights it may have, suspend credit, withhold orders and take steps to recover monies and/or goods which expense shall be payable by The Client.
Interest shall be payable on any amount overdue at the rate of 5% on the total invoice, commencing on the due date for payment and continuing until payment in full is received by LocallySocially.
The Client shall pay all costs and expenses incurred due to cancellation of an order.
LocallySocially reserves the right to cancel or delay delivery due to war, civil riots, strikes, lock-outs, unavailability of transport and/or any other causes beyond its reasonable and practical control.
LocallySocially may, at its option, deliver the goods to The Client in any number of instalments.
Should debt collectors or other agencies be employed to recover payments, “The Client” shall be liable for all fees, which will be passed on to them.
All rates are subject to GST.

LocallySocially will accept return of goods which are inherently damaged or defective through no fault of The Client or any third party provided they are returned within 21 days of delivery and the return is approved by LocallySocially in advance. Risk in goods returned remains with The Client until the goods are received by LocallySocially.

By accepting (verbally, electronically or in print), purchasing or downloading materials you are entering into a binding contract with LocallySocially and/or its Contributing Partners or agents who retain copyright in all work and designs in development by us and/or produced by us unless there is a separate written agreement to the contrary. Use of part(s) of or element(s) of any work or design or any use for other purposes will require further written permission from us and may incur additional fees. You cannot resell the work or designs or elements of the designs. If you sell your business the aforesaid reproduction and display rights will be transferred to the new business owners. All creation files remain the property of LocallySocially and its Sub-Contracted agents. We retain the right to use all our work and designs in advancing the profile of LocallySocially and its Contributing Partners or agents by marketing or other means and to be recognised for artwork created by LocallySocially and its Contributing Partners or agents. You agree to also identify LocallySocially and its Contributing Partners or agents as the creators whenever you make use of the final work and final designs produced by us or any parts thereof.

Any work or relationships developed and delivered by BWCommunications and its Sub-Contracted agents under this contract belongs to it, unless otherwise agreed in writing.
The Client grants LocallySocially, for the purpose of performing its obligations under this agreement, a non-exclusive world-wide irrevocable licence to use, copy, display and reproduce any trademark, logo, design and any other intellectual property supplied by The Client to LocallySocially for the purpose of providing the goods.
The Client warrants that it has the right and ability to agree to these terms and that any trademark, logo, design or any other intellectual property supplied by The Client to LocallySocially will not infringe any right of any other person or party.

The goods shall be at the sole risk of The Client in all respects from the date of delivery to The Client or its agent or carrier.
The goods shall be held by The Client as bailee for LocallySocially until such time as all monies payable by The Client to LocallySocially are paid in full. The Client shall store the goods so that they are separate and clearly distinguishable from other goods and shall not encumber them in any way until they have been paid for. If The Client fails to pay the price for the goods or any other monies payable to LocallySocially, LocallySocially may recover and resell the goods without prejudice to any other rights it may have arising from the non-payment. The Client grants to LocallySocially and its servants and agents, an irrevocable licence to enter at any time onto any premises or its online databases, in/on which the goods are stored to inspect, search and/or remove any of the goods.

LocallySocially and its Contributing Partners or agents guarantee that all our work is original work. If you supply initial ideas and any artwork that you require we work from, you guarantee that you have permission for us to use your ideas and artwork as requested and you indemnify us fully against any claims that may arise from that use. We cannot guarantee that any work or designs produced by us will be able to be trademarked or be free from attack for trademark infringement. We recommend you engage a trademark lawyer to conduct investigations before you adopt any work or design as a trademark. More information on trademarks can be found at: www.ipaustralia.gov.au

1) LocallySocially and its Contributing Partners or agents is not responsible for any legal disputes, proceedings, changes in business fortune search engine rank changes as a result of our designs or recommendations.
2) LocallySocially and its Contributing Partners or agents will not be responsible for problems resulting from changes to advertisements, PR materials or websites that have been requested and approved by you.
3) LocallySocially and its Contributing Partners or agents is not responsible for erroneous implementation of recommendations by you.
4) LocallySocially and its Contributing Partners or agents is not responsible for negative results to sales.
5) The Client indemnifies and holds LocallySocially and its Contributing Partners or agents indemnified from and against any and all loss, damage, liability, penalties and expenses (including legal fees) suffered or incurred by reason of any claims, (including third party claims) arising out of an alleged infringement or violation of intellectual property rights with respect to the intellectual property supplied by The Client.

No delay, neglect or forbearance on LocallySocially and its Contributing Partners or agents part in enforcing any term or condition of these terms and conditions shall either be or be deemed to be a waiver or in any way prejudice any of its rights under these terms and conditions.

LocallySocially is an online platform. Any advice, information, opinions and tools presented by the Partners <link to About>, represented on this platform belong solely to them and do not represent its Contributing Partners, institutions or organisations that they may or may not be associated with in professional or personal capacities, unless explicitly stated. Any view or opinions are not intended to malign any religion, ethnic group, club, organisation, company or individual.

LocallySocially, its Partners and Contributing Partners shall not be liable for any loss or damage however arising from any damage to the goods/services in the course of delivery.

Any agreement to provide goods or services pursuant to a quotation, or to which these terms and conditions apply, shall be governed by, and construed in accordance with, the laws of Victoria, Australia and the parties agree to the jurisdiction of the Courts of Victoria, Australia.