In these terms and conditions:
“The Printing Hub” means The Printing Hub Pty Ltd (ACN 146 704 869) an Australian trading business located at 1 Colemans Rd, Carrum Downs VIC Australia 3201.
“Contracting Party” means any person, corporation or legal entity that orders any Goods or services offered and supplied by The Printing Hub.
“Goods” means any goods provided to the Contracting Party by The Printing Hub or procured by The Printing Hub for the Contracting Party and includes printing proofs (both conceptual and final), and any printed material or artwork.
“Job” means all Goods and/or services to be supplied to the Contracting Party and as described on the tax invoice, Quotation or any other forms as provided by the Contracting Party to The Printing Hub.
“Price” means the price payable for the Goods and/or services as agreed between the Contracting Party and The Printing Hub and specified in the Quotation.
“Quotation” means a written quotation for the Goods and/or services to be provided to the Contracting Party by The Printing Hub.
1.1 The Printing Hub will not commence the Job until:
(a) a written Quotation is provided to the Contracting Party based on the instructions provided by the Contracting Party;
(b) the Contracting Party accepts the Quotation by signing and returning the signed Quotation to The Printing Hub by post, email or facsimile; and
(c) a non-refundable deposit (if provided for in the Quotation) has been paid to The Printing Hub and, if paid by cheque, such cheque has been cleared. The deposit must be paid prior to the expiration of the term of the Quotation.
1.2 A signed Quotation received by The Printing Hub from the Contracting Party will constitute acceptance of these terms and conditions.
1.3 A Quotation is based on the above specifications. Any variation from these may change the Price. It is the Contracting Party’s obligation to ensure that all the information in the Quotation is correct.
1.4 Quotations are valid and may be accepted within 30 days from the date the Contracting Party receives the Quotation from The Printing Hub. A Quotation is not available for acceptance by the Contracting Party after the 30-day period.
1.5 The Printing Hub reserves the right to correct any error in the Quotations whether technical, stenographic or otherwise.
1.6 The Contracting Party agrees that any corrections to the Job (after the executed Quotation is received by The Printing Hub) as requested by the Contracting Party will be charged at the current hourly rate for design and will be incurred in addition to the Price.
2. Artwork and Jobs
2.1 All artwork (in electronic form or otherwise) supplied by the Contracting Party must be in line with The Printing Hub’s file specifications. The Printing Hub will not be responsible for file related errors that may reduce the quality of the Contracting Party’s job, nor does The Printing Hub accept responsibility for files that are not print ready.
2.2 If a Quotation is subject to any artwork (in electronic format or otherwise) supplied by the Contracting Party, such artwork is deemed to be print ready and no further investigation will be undertaken by The Printing Hub.
2.3 Any additional translating, editing or programming needed to utilise Contracting Party-supplied files (including, but not limited to, the artwork) will be charged at current rates.
2.4 Hard copies supplied by the Contracting Party will not be used for colour reference or matching.
2.5 Whilst all care is taken, print colour may vary from print to reprint, stock to stock, front to back and job to job. Therefore, The Printing Hub accepts no responsibility for these colour variations in differentiating printing processes or stock.
2.6 Preliminary work and/or work produced in an experimental way at a Contracting Party’s request will be considered to be a Job and charged to the Contracting Party’s account unless otherwise specified.
2.7 Contracting Party warrants that any instructions issued by the Contracting Party will only be in written form. Where hand written or verbal instructions only are received from the Contracting Party, The Printing Hub shall not be responsible for any errors or omissions due to an oversight or misinterpretation of those instructions.
3. Payment terms
3.1 All Prices are in Australian dollars and subject to the Goods and Services Tax that will be charged and itemised in the tax invoice provided to the Contracting Party.
3.2 The Contracting Party agrees that payment will be made as requested by The Printing Hub and set out in the tax invoice (unless prior credit agreements have been agreed with The Printing Hub). Otherwise it is agreed that the tax invoice will be due for payment 30 days from the date the tax invoice was issued, unless otherwise agreed to by The Printing Hub in writing.
4. Late payment
The Printing Hub reserves the right to charge interest on any part of the Price (including any charges at the current hourly rate for design) not paid by the due date. Interest will be charged from the due date until payment at a rate equal to the Commonwealth Bank Corporate Overdraft Reference Rate most recently published before that date. Contracting Party agrees to pay all debt recovery fees and charges in relation to all moneys due and payable to The Printing Hub.
5. Suspension of Job
5.1 The Contracting Party agrees that The Printing Hub may suspend its performance of the Job if the Job has proceeded beyond the value of monies paid as a deposit.
5.2 The Contracting Party agrees that The Printing Hub may suspend its performance of the Job if the Contracting Party is in default in paying any money due by it to The Printing Hub whether in respect of the Job or otherwise.
5.3 The suspension by the Contracting Party of any work for any reason whatsoever, for a period of thirty (30) days or longer shall entitle The Printing Hub to payment in full for the portion of the Job completed. Orders cannot be cancelled except upon terms that will compensate The Printing Hub for all work done and materials used or specially procured, to the date of the cancellation.
6. Privacy obligations
6.1 The Printing Hub is bound by the Privacy Act 1988 (Cth) and takes steps to ensure that all personal information obtained in connection with the Contracting Party will be appropriately collected, stored, used, disclosed and transferred in accordance with the Privacy Act 1988.
6.2 The Contracting Party must comply with the Privacy Act 1988 in connection with any personal information supplied to the Contracting Party by The Printing Hub in connection with these terms and conditions.
7. Credit reporting
7.1 The Contracting Party agrees for The Printing Hub to obtain from a credit-reporting agency a credit report containing personal credit information about the Contracting Party in relation to credit provided by The Printing Hub.
7.2 The Contracting Party agrees that The Printing Hub may exchange information about the Contracting Party with those credit providers either named as trade referees by the Contracting Party or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by the Contracting Party; and/or
(b) to notify other credit providers of a default by the Contracting Party; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Contracting Party is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Contracting Party.
7.3 The Contracting Party understands that the information exchanged can include anything about the Contracting Party’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
7.4 The Contracting Party consents to The Printing Hub being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
7.5 The Contracting Party agrees that personal credit information provided may be used and retained by The Printing Hub for the following purposes (and for other purposes as shall be agreed between the Contracting Party and The Printing Hub or required by law from time to time):
(a) the provision of Goods and services;
(b) the marketing of Goods by The Printing Hub, its agents or distributors;
(c) analysing, verifying and/or checking the Contracting Party’s credit, payment and/or status in relation to the provision of Goods;
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Contracting Party; and
(e) enabling the daily operation of the Contracting Party’s account and/or the collection of amounts outstanding in the Contracting Party’s account in relation to the Goods.
7.6 The Printing Hub may give information about the Contracting Party to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Contracting Party; and
(b) to allow the credit reporting agency to create or maintain a credit information file containing information about the Contracting Party.
7.7 The information given to the credit-reporting agency may include:
(a) personal particulars (the Contracting Party’s name, sex, address, previous addresses, date of birth and driver’s licence number);
(b) details concerning the Contracting Party’s application for credit or commercial credit and the amount requested;
(c) advice that The Printing Hub is a current credit provider to the Contracting Party;
(d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
(e) that the Contracting Party’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
(f) information that, in the opinion of The Printing Hub, the Contracting Party has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Contracting Party’s credit obligations);
(g) advice that cheques drawn by the Contracting Party for one hundred dollars ($100) or more, have been dishonoured more than once; and
(h) that credit provided to the Contracting Party by The Printing Hub has been paid or otherwise discharged.
8.1 Until the Contracting Party has paid all sums outstanding in relation to the Job:
(a) title and property in the Goods does not pass from The Printing Hub to the Contracting Party;
(b) if the Goods are in the Contracting Party’s possession, the Contracting Party holds the
Goods as trustee for The Printing Hub and must store the Goods so that they are clearly identifiable as the property of The Printing Hub; and
(c) The Printing Hub may call for and recover possession of the Goods (for which purposes The Printing Hub’s employees or agents may enter the Contracting Party’s premises and take possession of the Goods without liability to the Contracting Party) and the Contracting Party must deliver the Goods to The Printing Hub if so directed by The Printing Hub.
8.2 Contracting Party may, in the ordinary course of the Contracting Party’s business, sell the Goods to a third party but:
(a) the proceeds of sale to the third party are held by the Contracting Party as trustee for The Printing Hub and the Contracting Party must account to The Printing Hub for those sums; and
(b) if The Printing Hub requires, the Contracting Party must assign to The Printing Hub the Contracting Party’s claim against the third party and must execute all documents necessary to effect that assignment.
9. General Lien
The Printing Hub shall in respect of all unpaid debts due from the Contracting Party have a general lien on all property and shall be entitled on the expiration of 14 days notice to the Contracting Party to dispose of such property as it thinks fit and to apply the proceeds towards such debt. Title of Goods does not pass to the Contracting Party until payment is received in full. All claims in respect of these Goods/services must be notified within 7 days of receipt of Goods.
10. Security Interest
10.1 In consideration for The Printing Hub supplying Goods to the Contracting Party under these terms and conditions, the Contracting Party:
(a) agrees to treat the security interest created under these terms and conditions as a continuing and subsisting security interest in the relevant Goods with priority over any registered or unregistered general (or other) security and any unsecured creditor (even if the Goods become fixtures before paid for in full);
(b) grants to The Printing Hub a purchase money security interest (“PMSI”) as defined in the Personal Property Securities Act 2009 (Cth) (“PPSA”) in Goods supplied;
(c) agrees that the PMSI granted herein will continue to apply to any Goods coming into existence or proceeds of sale of Goods or Goods coming into existence;
(d) agrees that the PMSI has attached to all Goods now or in the future supplied to the Contracting Party by The Printing Hub; and
(e) agrees, until title in the Goods pass to it, to keep all the Goods free, and ensure all the Goods are kept free, of any charge, lien or security interest (as defined in the PPSA) except as created under these terms and conditions, and not otherwise deal with the Goods in a way that will or may prejudice any rights of The Printing Hub under these terms and conditions or the PPSA.
10.2 The Printing Hub reserves the right to register a financing statement under the PPSA in respect of the Goods. All costs incurred by The Printing Hub in registering a financing statement (or a financing change statement) will be paid by the Contracting Party.
10.3 The Contracting Party waives its right to receive a copy of any financing statement, financing change statement or verification statement that is or may be registered, issued or received at any time.
10.4 The Contracting Party irrevocably grants The Printing Hub the right to enter any premises or property (without notice) and without being in any way liable to the Contracting Party or any other person if The Printing Hub has cause to exercise any of its rights under the PPSA (and the Contracting Party will indemnify The Printing Hub against any such liability).
10.5 It is agreed that (to the extent permitted under the PPSA), the Contracting Party hereby waives its rights under sections 95, 96, 117, 118, 120, 121(4), 123, 125, 126, 128, 129, 130, 132, 134, 135, 142 and 143 of the PPSA.
11.1 Delivery of the Goods shall take place when the Contracting Party takes possession of the Goods at the Contracting Party’s nominated address (if the Goods are delivered by The Printing Hub or The Printing Hub’s nominated carrier).
11.2 The Printing Hub, in its sole discretion, may charge the costs of delivery to the Contracting Party’s account.
11.3 The Contracting Party shall make all necessary arrangements to take delivery of the Goods whenever they are tendered for delivery. If the Contracting Party is unable to take delivery of the Goods as arranged then The Printing Hub shall be entitled to charge a reasonable fee for redelivery.
11.4 The Printing Hub shall not be liable for any loss or damage whatsoever due to failure by The Printing Hub to deliver the Goods (or any of them) promptly or at all, where due to circumstances beyond the control of The Printing Hub.
11.5 Any Goods despatched interstate are subject to external influences and The Printing Hub will not be responsible for any freight-related delays.
12. Returns and refunds
12.1 The Contracting Party shall inspect the Goods on delivery and within 7 days of delivery notify The Printing Hub with full details in writing of any alleged defects, shortages, damage or non-compliance with the specifications in the Quotation.
12.2 If the Contracting Party does not notify The Printing Hub as required in clause 12.1, the Contracting Party is deemed to have accepted the Goods.
12.3 Where any defects, shortages, claim for damage or non-compliance with the specifications in the Quotation is accepted, The Printing Hub may, in its discretion, replace the defective or missing Goods or re-supply the services.
12.4 The Printing Hub will not accept Goods for return that have been altered in any way or have been used.
12.5 The Contracting Party must pay all freight charges associated with the return of the Goods unless The Printing Hub reasonably agrees that the defects, shortages, damage or non-compliance referred to in clause 12.1 is due to the fault or omission of The Printing Hub.
13.1 Unless expressly set out herein, all implied warranties and conditions in relation to any supply by The Printing Hub are expressly excluded (unless such warranties cannot at law be excluded).
13.2 To the extent permitted by law, liability for breach of any implied condition or warranty will be limited to any one of the following as determined by The Printing Hub:
(a) the replacement of Goods supplied by The Printing Hub or the supply of equivalent Goods; or
(b) the payment of the cost of replacing Goods supplied by The Printing Hub or of acquiring equivalent Goods.
13.3 To the extent permitted by law and regardless of any other provision of these terms and conditions, The Printing Hub will not be liable for any consequential or indirect loss or damage, economic loss, loss of contract, loss of profit or revenue, loss of production or production stoppage or loss of data suffered or incurred by the Contracting Party. This exclusion of liability applies whether the liability claim is based on breach of contract, tort (including negligence), under an indemnity, under statute, in equity or otherwise.
14. Card ID security
14.1 Security of your payment details.
Protecting your personal and order information is a priority at The Printing Hub. We want you to be able to order from www.theprintinghub.com.au with total confidence. Our NAB secure server will protect any personal information that you submit. The Printing Hub uses Secure Sockets Layer (SSL) technology to protect your online order information. SSL encrypts all information including your credit card and all personal information passed from you to The Printing Hub. This encryption provides you with security and peace of mind when your browser and local network supports the use of encrypted data transmissions.
14.2 Security of your personal details.
This is a secure area that ensures your order & payment details are encrypted by a 128-bit encryption and remain secure over the Internet. We accept Visa and MasterCard. When we receive your order we will send you a confirmation email with your order number and order details attached. If there are any problems with your order please email us at email@example.com or contact us on 1800 641 736
14.3 Security of your contact details
The Printing Hub will not provide any personal details to any third party. You will only receive marketing information from The Printing Hub if you are subscribed to our e-newsletter.
15.1 Unless the Contracting Party and The Printing Hub agree otherwise, the copyright in all Goods created by The Printing Hub is the property of The Printing Hub.
15.2 The Contracting Party warrants to The Printing Hub that the Contracting Party has copyright in or a licence to authorise The Printing Hub to reproduce all artworks (in electronic form or otherwise) supplied by the Contracting Party to The Printing Hub for the purpose of the Job. Contracting Party expressly authorises The Printing Hub to reproduce all and any of such artworks for the purposes of the Job.
15.3 The Contracting Party indemnifies and agrees to keep The Printing Hub indemnified against all liability, losses or expenses incurred by The Printing Hub in any way directly or indirectly connected with any breach of copyright or of any rights in relation to copyright in any artwork supplied by the Contracting Party.
16. Electronic files
Electronic files produced by The Printing Hub remain the property of The Printing Hub and will not be issued to any person for any reason. A charge will be added for any electronic files produced by The Printing Hub or others to be reproduced by The Printing Hub into any other format. Should the Contracting Party request a Job to be recreated in any other format after the Job has been completed, the Contracting Party agrees to pay The Printing Hub on an hourly basis over and above the earlier-negotiated price for design.
17. Immediate termination
(a) the Contracting Party becomes insolvent (within the meaning of the Corporations Act 2001 (Cth)) or makes any voluntary arrangement with its creditors;
(b) a petition is presented or a resolution is passed to wind up the Contracting Party (other than for the purposes of reconstruction or amalgamation as a solvent company);
(c) a receiver or other external administrator is appointed over the whole or any part of the assets of the Contracting Party;
(d) the Contracting Party is an individual and becomes bankrupt and a trustee is appointed over the whole or any part of the assets of the Contracting Party; or
(e) the Contracting Party otherwise ceases trading,
then in any such event The Printing Hub will (without prejudice to any other right or remedy available to it) be entitled to cancel any contract between itself and the Contracting Party or suspend the Job without any liability to the Contracting Party and if any materials or services have been delivered or supplied but not paid for, the price of such materials and services shall become immediately due and payable, notwithstanding any previous agreement or arrangement to the contrary.
18.1 If any provision of these terms and conditions is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, that provision shall be severed from these terms and conditions without affecting the enforceability of the remaining provisions.
18.2 A failure by The Printing Hub to enforce any provisions of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect The Printing Hub’s right to subsequently enforce that provision.
18.3 The law governing the interpretation of these terms and conditions and for all matters between the parties pursuant to these terms and conditions will be the law of the State of Victoria and the parties submit to the non-exclusive jurisdiction of the courts of that State and any courts which may hear appeals from those courts in respect of any proceedings in connection with these terms and conditions.
18.4 These terms and conditions bind the Contracting Party and its executors, administrators, successors and assigns as the case may be.
18.5 The Contracting Party agrees that The Printing Hub may review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then the Printing Hub will notify the Contracting Party of such change. Unless the Contracting Party notifies The Printing Hub in writing that it does not agree to the amended terms and conditions and that it wishes to terminate the contract, all amendments to the terms and conditions will become effective 7 days after the notification. If the contract is terminated by the Contracting Party, all work in the Job completed by The Printing Hub up to the date of termination by the Contracting Party shall become immediately due and payable.
18.6 These terms and conditions constitute the entire agreement between the parties regarding the matters contained in it and supersede any prior representations, understandings or arrangements made between the parties, whether oral or written.