Terms and Conditions
Introduction
The following terms set out the terms and conditions that apply to the purchase of goods and services offered by 9X5 Consulting. Except as otherwise expressly agreed in writing between 9X5 Consulting and the client, these terms and conditions are to be followed by the client, ensuring they have read, understood, and agree to be bound to the listed Terms and Conditions.
Terms and Conditions of Payment
1.Payment Terms
The Client agrees to pay the full invoiced amount within the payment terms on the issued invoice (“Due Date”), unless otherwise expressly agreed in writing by 9X5 Consulting. Time is of the essence with respect to payment obligations.
2. Late Payment and Interest
In the event the Client fails to pay the invoiced amount by the Due Date, 9X5 Consulting reserves the right to charge interest on the overdue amount at a rate of the current Australian Consumer Price Index (CPI) plus 2% per calendar month, or the maximum rate permitted by applicable law, calculated daily on the outstanding balance that the payment remains overdue from the Due Date until the date of actual payment in full, including any but not limited to legal fees and collection agency costs incurred in the recovery of overdue amounts.
3. Currency
All payments shall be made in Australian Dollars (AUD) or such other currency as expressly agreed in writing by 9X5 Consulting.
4. Confidentiality and Intellectual Property
Any confidential information belonging to 9X5 Consulting should not be disclosed to any other person or entity and should not be used for any other purpose except as expressly authorised in writing by us.
5. Invoice Disputes
Any dispute regarding the validity or accuracy of this invoice must be notified to 9X5 Consulting in writing to your Account Manager or to info@9×5.com. Failure to provide timely notice of dispute within 7 days of invoice date, shall be deemed acceptance of the invoice as rendered, and the Client shall be bound to pay the full invoiced amount accordingly. Escalation of invoice disputes for overdue invoices, shall be sent in writing to 9X5 Consulting’s CEO or to accounts@9×5.com.
6. Acceptance of Goods and Services
Payment of this invoice constitutes acknowledgment and acceptance by the Client of the goods delivered and/or services performed to the Client’s satisfaction, and a waiver of any right to withhold payment on grounds of defective or incomplete delivery unless expressly notified in writing prior to payment.
7. Taxes and Duties
Unless otherwise specified, all contract amounts are exclusive of Australian Goods and Services Tax (GST) and any other applicable taxes, levies, or duties imposed by any governmental authority, which shall be payable by the Client and added to the invoiced amount.
8. Recovery of Costs
Should 9X5 Consulting instruct any third party, including but not limited to legal practitioners or debt collection agents, to recover any monies outstanding under this invoice, the Client agrees to indemnify and hold 9X5 Consulting harmless for all reasonable costs, fees, expenses, and disbursements incurred, including legal costs on an indemnity basis.
9. Right to Withhold Supply
9X5 Consulting reserves the right, without prejudice to any other remedies available, to suspend or withhold delivery of any further goods or performance of any further services if the Client is in default of any payment obligation under this or any other invoice.
10. Retention of Title
Ownership and title in any goods supplied shall remain vested in 9X5 Consulting until payment in full (including interest, costs, and any other monies owing) has been received by 9X5 Consulting. Risk in the goods shall pass to the Client upon delivery.
11. Events of Majeure
If the agreement cannot be fulfilled due to force majeure, responsibility shall be exempted in part or in whole according to the influence of the force majeure.
Force majeure events beyond the reasonable control of the parties include natural disasters, cyclones, floods and earthquakes and also pandemics, war, terrorism. Notification of force majeure events shall be notified to 9X5 Consulting in line with Item 5 of these Terms and Conditions.
12. Amendments to Terms
9X5 Consulting reserves the right to vary, amend, or supplement these Terms and Conditions at any time. Any updated terms will be provided to the Client and shall apply to all subsequent transactions unless otherwise agreed in writing.