STANDARD TERMS AND CONDITIONS FOR SUPPLY OF SERVICES
1 INTERPRETATION In this document the following words shall have the following meanings: 1.1 “Client” means any person who purchases Services from the Supplier;
1.2 “Supplier” or “Axon” means Axon Property Group, 11 Spica Cres Coomera 4209
1.3 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2 GENERAL 2.1 These Terms and Conditions shall apply to all contracts for the supply of Services by the Supplier to the Client and shall be read in conjunction with the Success Package Concept and Service Level Agreement (SLA).
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
3 PRICE AND PAYMENT 3.1 Payment of the Axon Success Package Deposit includes access to the Process Guide, Risk Management Plan, Research Reports and Location Briefings, which the Customer is able to keep. It also includes the sourcing of a suitable property and all services included in the Axon Success Package up to Land Settlement. After the land settlement event, a payment plan for the remainder of fees as set out in the Success Package Concept and SLA is payable to the Supplier. If the client is unable to obtain suitable finance, or the Supplier is unable to find a suitable property, the Client is permitted to cancel the Suppliers services and keep the Process, Risk, Research and Location Briefings.
3.2 The Success Package Initial Deposit Payment can be made via Bank Transfer, as detailed on the SLA. The Supplier will send the client monthly invoices for the remainder of the payments.
3.3 The Supplier will send an electronic receipt to the client.
3.4 The Supplier reserves the right to modify, update or run promotions on any service at any time. The Supplier reserves the right to change the price of any service at any time. Once a service has been ordered by the client, the price shall remain fixed for the Client. Under no circumstances shall the Supplier refund the difference should the price of that service decrease. 4 CLIENT’S OBLIGATIONS To enable the Supplier to perform its obligations the Client shall:
4.1 Co-operate with the Supplier;
4.2 Provide the Supplier with any information reasonably required by the Supplier;
4.3 Keep the supplier notified of their correct name, postal address and any phone or e-mail information.
4.4 Comply with such other requirements as agreed between the parties.
4.5 Comply with all other statutory requirements – particularly in regards to data protection and confidentiality.
5 SUPPLIER’S OBLIGATIONS 5.1 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised professional standards.
6 LIMITATION OF LIABILITY 6.1 Axon Property Group, nor its respective directors, servants, employees or agents will be liable to you for damages, direct or indirect, including any loss of profits, loss of savings or return on investments or any other incidental consequential damages arising out of or connecting with the utilisation of or inability to utilise the financial and property concepts illustrated in any presentation.
None of the parties specified accepts any responsibility or assumes any liability for any accounting or investment decisions that you may make based on any presentation made by the Supplier or in respect to any claim made by any other party. You acknowledge and accept that the entire risk of making an investment in property, and the results and performance of any such investments, are your responsibility and no liability attaches to Axon Property Group. This disclaimer is to the extent permitted by law.
7 CANCELLATIONS Returns/refunds policy: Where a Client cancels their package after paying for/receiving the Process, Risk, Research and Location Briefings, the Supplier shall allow the Client to terminate the package and not proceed further. Where a Client terminates their Success Package there is no refund.
8 FORCE MAJEURE Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
9 AXON’s PROPERTY The contents of the Axon website or their documents may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means without the prior express written permission of Axon.
10 COPYRIGHT Clients may not at any time, without prior written permission of the Supplier, make copies or reproductions (in whatever form) of the briefings or any document provided. Where any such copy is considered reasonably necessary, the Supplier will provide written permission.
11 SEVERANCE If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
12 GOVERNING LAW These Terms and Conditions shall be governed by and construed in accordance with the law of Australia and the parties hereby submit to the exclusive jurisdiction of the Australian courts.
DISCLAIMER Axon (www.axonproperty.com.au) regularly use their website to update information and their disclaimer.
Axon Property Group ABN No 30 713 226 943 Company registered in Australia