Privacy Policy
This Agreement is entered between Tinwala Pty Ltd (A.C.N. 640 100 849) T/AS TINSTER DIGITAL
(ABN 49 640 100 849) (we, us or our) and you, the person, organization or entity described in the Quote (you or your), together with the Parties and each a Party.
We merge technology and imagination to help brands grow in the age of digital transformation.
1. Acceptance
1.1. You accept this Agreement by the earlier of:
1.1.1 signing and returning the Quote to us by email, or any other agreed form of Correspondence agreed in writing between the parties, including by email. For the avoidance of doubt, the Quote and the terms and conditions set out in the Quote forms part of this Agreement;
1.1.2 notify us by email that you accept this Agreement and/or the Quote;
1.1.3 requesting us to proceed with the provision of the Services (whether orally or in writing); and
1.1.4 paying any part of the Fees. Fees being the amount stated in the Quote and agreed by you.
2.1 In consideration of your payment of the Fees:
2.1.1 we will provide the services set out in the Quote (“Services”) in accordance with this Agreement;
2.1.2 we will provide the Services ourselves or through our Personnel;
2.2 if this Agreement expresses a date or period within which the Services are to be delivered/provided to you (“Delivery Date”), by signing this Agreement you acknowledge, confirm and accept you agree that, although we will use our best endeavours to provide the Services to you by the Delivery Date, the Delivery Date is an estimate only and we will not be held liable to you for any compensation, loss, and/or damages, if the Delivery Date is not met by us and that the statement of a Delivery Date creates no obligation on us to provide the Services by that time;
2.3 if any service or services is/are is not explicitly set out in the Quote, that service or services will be excluded from this Agreement unless expressly requested by you in writing and accepted by us, in writing, and will be treated as a variation as per clause 4 of this Agreement;
2.4 you agree that we may amend the Fees at any time after the Services’ Term, by providing written notice to you. If you do not agree to any amendment made to the Fees, you may terminate this Agreement in accordance with clause 15.5 will apply;
2.5 The Quote will contain, as part of the Services, call tracking and call recording. Unless you opt-out of this, by signing this Agreement you will be consenting to, and permitting us to undertake call tracking and call recording.
We will commence the provision of the Services within a reasonable time after the later of:
3.1 the Commencement Date; and
3.2 receipt of the relevant Fees (if applicable); and/or
3.3 your satisfaction of any conditions precedent expressed in this Agreement.
4.1 subject to clause 4.2, you may request us to vary or change the Services, including the Delivery Date, by sending us a written request with details of the variation or change (“Variation Request”). For the avoidance of doubt, the Variation Request can be sent by email;
4.2 We will not be required to implement your Variation Request unless we:
4.2.1 agree to the Variation Request in writing, including any variation to the Fees to reflect the Variation Request (“Fee Variation”); and
4.2.2 you agree on the Fee Variation in writing. The Fee Variation will reflect the scope of the Variation Request; and
4.3 if we hold the reasonable view that an instruction or direction from you is a variation, then we will not be required to comply with such instruction or direction until such time as you have issued us a Variation Request in accordance with clause 4.1 of this Agreement.
5.1 you:
5.1.1 comply with this Agreement, our reasonable requests or requirements, and all applicable Laws;
5.1.2 provide all assistance, information, documentation, access, facilities, authorities;
5.1.3 provide all consents, licenses and permissions reasonably necessary to enable us to comply with our obligations under this Agreement or at Law;
5.1.4 notify us of any changes to your contact details; and
5.1.5 inform us of anything that may affect our provision of the Services to you, including, but not limited to if you intend to make any changes to your website that may have a negative effect on our provision of the Services.
6.1 you agree to pay us:
6.1.1 the Fees;
6.1.2 all Expenses, as set out in the Quote or advised to you prior to such expenses being incurred; and
6.1.3 any other amount payable to us under this Agreement, in accordance with the Payment Terms;
6.2 you agree that payments will be processed by us, or a third party by credit card or debit payments and you will provide your credit card or bank account specifications for this purpose and you authorise us to debit the payment due to us from the credit card, the details of which, you have provided to us. If for any reason, any payment is unsuccessful or is unable to be processed, we reserve the right to charge you an administration fee which will be a genuine pre-estimate of the loss suffered by us each time we are unable to process any payment;
6.3 if for any reason, we have not been paid, or we have not been able to obtain payment, as per the Payment Terms, we, at our absolute discretion, may:
6.3.1 cease providing the Services immediately and recover, as a debt due to us, the payment due to us together with our additional costs of doing so;
6.3.2 charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus eight (8) per cent (%) per annum, calculated daily and compounding monthly, on the amount unpaid after the due date; and/or
6.3.3 engage debt collection services for the collection of the amount unpaid and recover, as a debt due, from you our additional costs of doing so;
6.4 in the event that any special discounts, rewards or price variation has been offered to you on Services or products for a particular period of time (“Discount Period”), the discount, reward or price variation will end at the end of the Discount Period and the normal quoted Fee will apply from the end of the Discount Period to the end of the term of this Agreement.
7.1 we are not responsible for the services provided by Third Parties (“Third Party Services”);
7.2 you agree to provide us access to any Third Party Services that we reasonably require to provide the Services to you;
7.3 we may request that you provide us with your account information to a Third Party Service (“Credentials”). By providing us with your Credentials, you are authorizing us to use the Credentials to access the relevant accounts to perform the Services. Account information relates to your Gmail accounts, domain, website and hosting services and in addition your credit card details;
7.4 with your written approval, we may create an account for you on a Third Party Service or engage a new service via an existing Third Party Service account on your behalf (such as Google). You agree to provide personal information and payment details to, or authorise us, to provide your personal information and payment details on your behalf to, and pay directly, the applicable Third Party for any Third Party Services, as agreed between the Parties. You agree that by giving us written approval, you will be directly responsible for:
7.4.1 compliance with the terms and conditions or licence of the Third Party Services; and/or
7.4.2 any fees charged by the Third Party;
7.4.3 if we create an account on a Third Party Service for you, we will provide you with your Credentials and retain a copy in our systems to use when we require access to the Third Party Services to perform the Services;
7.4.4 we will use our best endeavours to store your Credentials and any personal information you provide securely in our systems and such Credentials can only be accessed by the necessary Personnel or Third Parties that assist with performing the Services;
7.4.5 you agree to inform us immediately if you believe that your Credentials have been compromised;
7.4.6 on termination of this Agreement or our reasonable request from time to time, we will recommend you change your Credentials in order to ensure that your security in accessing the Third Party Services is not compromised;
7.4.7 we make no representation or warranty about the Third Party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services or failure to advise or provide services;
7.4.8 if we create an account on a Third Party Service for you, we may hold a contractual lien on the account for the Third Party Service, and we will have no obligation to transfer the account for Third Party Services to you unless you have paid us all amounts due and payable under this Agreement.
8.1 you represent, warrant and agree that:
8.1.1 there are no legal restrictions preventing you from entering into this Agreement;
8.1.2 all information and documentation that you provide to us in connection with this Agreement is true, correct and complete;
8.1.3 you have not relied on any representations or warranties made by us in relation to the Services (including as to whether the Services are or will be fit or suitable for your particular purposes);
8.1.4 unless expressly stipulated in this Agreement;
8.1.4.1 you are not and have not been the subject of an Insolvency Event;
8.1.4.2 if applicable, you hold a valid ABN which has been advised to us; and
8.1.4.3 if applicable, you are registered for GST purposes.
8.2 we do not warrant nor confirm or guarantee that any marketing or campaign that we undertake on your behalf will result in an upturn in your business or sales or profitability and by entering into this Agreement you acknowledge and confirm that you are entering into this Agreement fully aware of the risks and that the results are not guaranteed; and
8.3 you warrant that any and all material that you supply to us to be used as part of your advertising belongs to you and that such material does not infringe any other party’s intellectual property, copyright or moral rights (“Third Party IP Rights”) and you will indemnify us in respect of any loss, claims and/or damages claim that may be brought against us by any such third party in respect of a breach of such Third Party IP Rights
The Client acknowledges and agrees that Tinster Digital provides services on a best-efforts basis and does not warrant or guarantee that any service rendered, including but not limited to design and development, marketing, or campaign management, will achieve any particular outcome, objective, or result.
In the event that the Client is dissatisfied with the performance or results of the Services, or if such Services fail to produce the desired or anticipated results, Tinster Digital shall not be liable to the Client or any third party for any loss of business, revenue, profits, goodwill, or for any indirect, incidental, consequential, or special damages arising therefrom.
The Client further acknowledges that all fees and charges paid to Tinster Digital are non-refundable. Under no circumstances shall Tinster Digital be required to refund any amounts paid by the Client, regardless of the results or performance of the Services provided.
The Client agrees to indemnify, defend, and hold harmless Tinster Digital, its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or in connection with any use or implementation of the Services provided by Tinster Digital, except to the extent caused by Tinster Digital’s gross negligence or willful misconduct.
10.1 as between the Parties:
10.1.1 we own all Intellectual Property Rights in Our Materials;
10.1.2 you own all Intellectual Property Rights in Your Materials, and
10.1.3 nothing in this Agreement constitutes a transfer or assignment of any Intellectual Property Rights in Our Materials or your Materials;
10.2 as between the Parties, ownership of all Intellectual Property Rights in any New Materials will at all times vest, or remain vested, in us upon creation until such time as we receive full payment of the Fees and any other amounts due and payable to us under this Agreement. Upon receipt of all Fees and other monies payable to us, whereby will assign any New Materials to you;
10.3 you grant us a non-exclusive, revocable, worldwide and non-transferable right and licence, for the duration of the Term, to use Your Materials and the New Materials, for the performance of our obligations under this Agreement, as contemplated by this Agreement;
10.4 if you or any of your personnel have any Moral Rights in any material provided, used or prepared in connection with this Agreement, you agree to (and agree to ensure that your Personnel) consent to our use or infringement of those Moral Rights;
10.5 in the use of any Intellectual Property Rights in connection with this Agreement, you must not (and you must ensure that your Personnel do not) commit any Intellectual Property Breach;
10.6 this clause 10 will survive termination or expiry of this Agreement.
11.1 each Receiving Party agrees:
11.1.1 not to disclose the Confidential Information of the Disclosing Party to any third party;
11.1.2 to use all reasonable endeavours to protect the Confidential Information of the Disclosing Party from any unauthorised disclosure; and
11.1.3 to only use the Confidential Information of the Disclosing Party for the purposes for which it was disclosed or provided by the Disclosing Party, and not for any another purpose;
11.2 the obligations in clause 11.1 do not apply to Confidential Information that:
11.2.1 is required to be disclosed in order for the Parties to comply with their obligations under this Agreement;
11.2.2 is authorised to be disclosed by the Disclosing Party;
11.2.3 is in the public domain and/or is no longer confidential, except as a result of a breach of this Agreement; or
11.2.4 must be disclosed by law or by a regulatory authority, including under subpoena;
11.3 each Party agrees that monetary damages may not be an adequate remedy for a breach of this clause 11. A Party is entitled to seek an injunction or any other remedy available at law or in equity, at its discretion, to protect itself from a breach (or continuing breach) of this clause 11;
11.4 this clause 11 will survive the termination of this Agreement.
12.1 certain legislation, including the Australian Consumer Law (“ACL”), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees, and remedies relating to the provision of the Services by us to you which cannot be excluded, restricted or modified (“Statutory Rights”);
12.2 In the event that the ACL applies to you as a consumer, nothing in this Agreement excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for the Services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and this Agreement;
12.3 subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Services) are provided to you without any warranties of any kind, either express or implied, whether in a statute, at Law or on any other basis; and
12.4 this clause 12 will survive the termination or expiry of this Agreement.
13.1 despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any liability caused or contributed to by, arising from or connected with:
13.1.1 your or your Personnel’s acts or omissions;
13.1.2 any works, services, goods, materials or items which do not form part of the Services (as expressed in this Agreement), or which have not been provided by us;
13.1.3 any Third Party Services;
13.1.4 the Services being unavailable, or any delay in us providing the Services to you, for whatever reason; and/or
13.1.5 any event outside of our reasonable control;
13.2 you acknowledge and agree that:
13.2.1 we are not responsible for backlinks or toxic links, including, but not limited to, URLs dropped or excluded for any reason or any incorrect email addresses;
13.2.2 if under the Services, we provide search engine optimisation services:
13.2.2.1 the results of our Services may be impacted by different factors, including, but not limited to, your website history, your industry, the content on your website and your content management system, and we do not guarantee any results; and
13.2.2.2 if such Services are suspended for any reason, we do not guarantee the same or similar website rankings;
13.3 if under the Services, we provide services relating to Google AdWords, we do not guarantee:
13.3.1 a particular, or consistent, position or ranking of your advertising across any medium;
13.3.2 that your submissions will be accepted;
13.3.3 that we will be able to purchase selected keywords or distribute your ads on any site requested by you;
13.3.4 the position of your ads on any site;
13.3.5 the cost per click; and/or
13.3.6 that any unused campaign spend will roll over to the next monthly period;
13.4 we are not responsible for removing reviews on your business listing on any medium;
13.5 we only manage the Services during our standard business hours, and we have no obligation to respond to comments or posts outside these hours;
13.6 failure to provide content, items or other information within the timeframe agreed between the Parties may lead to our delay in the provision of the Services;
13.7 you are responsible for backing up your website;
13.8 we are not liable for any loss that your business may incur as a result of any marketing or campaign that we undertake on your behalf; and
13.9 we are not liable for any loss or damage incurred to your business in the event that the performance of the Services provided to you is affected for any reason;
13.10 Backend Access & Service Exclusivity: All backend access, including configurations and management of services, remains exclusively handled by us. We do not provide, share, or facilitate client access to our systems, accounts, methodologies, or proprietary data used to operate and manage campaigns. Any requests for such access will be declined to maintain the integrity, security, and effectiveness of our services.
14.1 despite anything to the contrary, to the maximum extent permitted by law:
14.1.1 neither Party will be liable for Consequential Loss;
14.1.2 a Party’s liability for any liability under this Agreement will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel); and
14.1.3 our aggregate liability for any liability arising from or in connection with this Agreement will be limited to us resupplying the Services to you or, in our sole discretion, to us repaying you the amount of the Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates;
14.2 this clause 14 will survive the termination or expiry of this Agreement.
15.1 this Agreement will commence on the Commencement Date and will continue for the Term. The Term will be set out in the Quote. However, the minimum term will be six (6) Months (“Minimum Period”) and the terms and conditions set out in this Agreement supersedes any other representations made in any form and for the avoidance of doubt any representations made on our website;
15.2 this Agreement will automatically renew for the relevant Services for successive periods of 1 (one) month (“Renewal Term”) upon expiration of the relevant Services Term or any Renewal Term unless a Party provides the other Party with at least thirty (30) days’ written notice of termination of the Agreement;
15.3 for the avoidance of doubt, unless otherwise agreed between the Parties, for any Renewal Term, we will continue to provide the same services provided by us to you during the Services Term;
15.4 at least four (4) weeks prior to the expiry of the Services Term, we will contact you, to discuss the continuation of this Agreement;
15.5 you may cancel any part of the Services by providing us with thirty (30) days’ written notice. If you cancel any part of the Services within the Minimum Period of those relevant Services, you agree to pay us a Cancellation Fee relevant to those Services, which you acknowledge is a genuine pre-estimate of our loss.
16.1 this Agreement will terminate immediately upon written notice by us, if:
16.1.1 you (or any of your Personnel) breach any material term of this Agreement and that breach has not been remedied within ten (10) Business Days of being notified by us (including any non-payment of any amounts due and payable under this Agreement);
16.1.2 you fail to provide us with clear or timely instructions or information to enable us to provide the Services;
16.1.3 in our reasonable opinion, our working relationship has broken down and is irretrievable;
16.1.4 for any other reason outside our control which has the effect of compromising our ability to provide the Services; or
16.1.5 you are unable to pay your debts as they fall due;
16.2 this Agreement will terminate immediately upon written notice by you, if:
16.2.1 we are in breach of a material term of this Agreement, and that breach has not been remedied within ten (10) Business Days of being notified by you; or
16.2.2 you are unable to pay our debts as they fall due;
16.3 upon expiry or termination of this Agreement:
16.3.1 we will immediately cease providing the Services;
16.3.2 you agree that any payments made by you to us are not refundable to you;
16.3.3 you will be liable for the payment of any all fees payable for all Services provided prior to termination and all other amounts due and payable under this Agreement;
16.3.4 we may delete any data held by us after the expiry of ninety (90) days after termination or expiry of this Agreement;
16.3.5 you agree to promptly return (where possible), or delete or destroy (where not possible to return), our Confidential Information, Our Materials, our Intellectual Property and the New Materials (where you have not paid the Fees in full);
16.3.6 we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to this Agreement constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on expiry or termination of this Agreement;
16.4 if we terminate this Agreement under clause 16.1 and 16.2, you agree to pay our additional costs arising from termination;
16.5 on expiry or termination of this Agreement, you agree and acknowledge that you will not be given or permitted access to any of the campaign-related information, or given any access to the campaign portal which contains details of the setup;
16.6 termination of this Agreement will not affect any rights or liabilities that a Party has accrued under it; and
16.7 this clause 16 will survive the termination or expiry of this Agreement.
If and when applicable, GST payable on the Fee will be set out in our invoice. You agree to pay the GST amount at the same time as you pay the Fee.
18.1 Amendment: This Agreement may only be amended by a written instrument executed by the Parties.
18.2 Assignment: A Party must not assign or deal with the whole or any part of its rights or obligations under this Agreement without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
18.3 Disputes: A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, this Agreement (including any question regarding its existence, validity or termination) (Dispute) without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediation administered by the Australian Disputes Centre (“ADC”) before having recourse to arbitration or litigation. The mediation will be conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time the matter is referred to ADC. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
18.4 Entire agreement: This Agreement contains the entire understanding between the Parties and supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
18.5 Governing law: This Agreement is governed by the laws of New South Wales, Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales, Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
18.6 Marketing: By entering into this Agreement, you agree for us to use your name and logo on our website under our “client/customer link”.
18.7 Notices: Any notice given under this Agreement must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email and will be deemed to have been served on the expiry of forty-eight (48) hours in the case of post, or at the time of transmission in the case of transmission by email.
18.8 Relationship of Parties: This Agreement is not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
18.9 Severance: If a provision of this Agreement is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from this Agreement without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Agreement.
In this Agreement, unless the context otherwise requires, capitalised terms have the meanings given to them within this Agreement and in the Quote:
ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.
Agreement means these terms and conditions and any documents attached to, or referred to in, each of them.
Business Day means a day on which banks are open for general banking business in New South Wales, excluding Saturdays, Sundays and public holidays.
Cancellation Fee means the genuine pre-estimate of our loss, being a percentage of the Fee equal to the percentage of the costs of relevant Services plus any expended costs for the Minimum Period, minus the portion of the Fee already paid by you to us up to the date of termination.
Commencement Date means the date this Agreement is accepted in accordance with clause 1.1.
Confidential Information includes information which:
is disclosed to the Receiving Party in connection with this Agreement at any time;
is prepared or produced under or in connection with this Agreement at any time;
relates to the Disclosing Party’s business, assets or affairs; or
relates to the subject matter of, the terms of and/or any transactions contemplated by this Agreement, whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever the Receiving Party receives that information.
Consequential Loss includes any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under the statute, contract, equity, tort (including negligence), indemnity or otherwise.
Disclosing Party means the party disclosing Confidential Information to the Receiving Party.
Expenses mean any disbursements, including travel and accommodation costs, advertisement buying costs, website template costs and any other third party costs, reasonably and directly incurred by us for the purpose of the provision of the Services.
Fees mean the price set out in the Quote.
Insolvency Event means any of the following events or any analogous event:
Intellectual Property means any copyright, registered or unregistered designs or trademarks, domain names; know-how, inventions, processes, trade secrets or Confidential Information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.
Intellectual Property Breach means any breach by you (or any of your Personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties), including, but not limited, to you (or your Personnel):
Laws means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any person with the authority to bind the relevant Party in connection with this Agreement or the provision of the Services.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under the statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to this Agreement or otherwise.
Our Materials means all work, models, processes, technologies, strategies, materials, information, documentation, and services that we may provide to you under this Agreement, and which may contain material which is owned by or licensed to us, and is protected by Australian and international laws.
Minimum Period means any minimum period for the whole or part of the Services, as further particularised in the Quote.
Moral Rights has the meaning given in the Copyright Act 1968 (Cth).
New Materials means all Intellectual Property developed, adapted, modified or created by or on behalf of us or you or any of your or our respective Personnel in connection with this Agreement or the provision of the Services, whether before or after the date of this Agreement.
Payment Terms means the payment terms set out in the Quote.
Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents.
Quote means the quote relevant to this Agreement.
Receiving Party means the party receiving Confidential Information from the Disclosing Party.
Services mean the services set out in the Quote and includes any term applicable for the relevant services (Service Term).
Statutory Rights has the meaning given in clause 12.1.
The term means the term of this Agreement, commencing on the Commencement Date until the last Service Term date set out in the Quote for the provision of the Services and as extended for any Renewal Term unless earlier terminated in accordance with its terms.
Third Parties means third parties who are not our employee or our direct contractor, including customers, end-users, suppliers, transportation or logistics providers or other service providers which the provision of the Services may be contingent on or impacted by.
Your Materials means all work, models, processes, technologies, strategies, materials, information, documentation and services (including Intellectual Property), owned, licensed or developed by or on behalf of you or your Personnel before the Commencement Date and/or developed by or on behalf of you or your Personnel independently of this Agreement.
PAYMENT INSTRUCTIONS/AUTHORITY
By signing below, you authorize us to debit from your credit card, the details of which are set out below, the Fees for the Services as per the Quote which includes any Variation Fees.
By signing this Agreement, you confirm that you have read and understood the terms of this Agreement and the Quote and you agree to us debiting the Fee from your following credit card:
EXECUTED for and on behalf of ( )
TINWALA PTY LTD T/AS TINSTER DIGITAL ( )
(A.C.N. 640 100 849)