En Pointe is committed to your privacy and the Australian privacy legislation.
The information we collect for us to manage your marketing communications will not be used for any other purpose without first seeking your consent, unless authorised or required by law. Generally we will only use and disclose your personal information:
- To establish and maintain your relationship as a customer of En Pointe.
- To provide the products and services you have requested from En Pointe.
- To administer and manage those products and services.
- To answer your inquiry.
- For email marketing news and tips or specials on products or services you have shown interest in.
If we contact you in this way without obtaining your prior consent, we will provide you with the opportunity to decline any further marketing communications. If you at any time receive any communication from En Pointe which you would not like to receive, please contact us and we will remove your name from our mailing list.
Access to your personal information
In most cases, you can gain access to the personal information that En Pointe holds about you, subject to some exceptions allowed by law.
If you would like to check or amend your contact details, please contact us. We will deal with all requests for access to personal information as quickly as possible.
En Pointe will take reasonable steps to keep secure any personal information which we hold and to keep this information accurate and up to date. Personal information is stored in a secure server or secure files.
The Internet is not always a secure method of transmitting information. Accordingly, En Pointe cannot accept responsibility for the security of information you send to, or receive from us over the Internet or for any unauthorised access or use of that information.
Standard Terms and Conditions
The parties to these terms are:
1. En Pointe Business Consulting ABN 28 831 948 974 of 16 Baker Street, Moorabbin, Victoria 3189 is referred to as ‘us’, ‘our’, ‘we’ or ‘En Pointe’; and
2. The client who acquires our goods or services (or a combination of both) is referred to as “you” and “your”.
These terms and conditions apply to all goods and services that we provide, unless we agree otherwise in writing.
3. Customer Contracts
3.1. Where we agree to provide you with goods or services, your customer contract with us is made up of (in order of precedence):
- your acceptance of a service agreement; or
- your acceptance of a project specification sheet for quotations or estimations for goods or services, which will be provided to you at the commencement of a project; and
- these terms; and
- for all goods requiring printing, your acceptance of the artwork provided by En Pointe. Responsibility for any errors or omissions once approval has been given lies with the client. If a print job requires re-printing due to errors or omissions, this will be done at the client’s cost.
3.2. A quotation or estimation that we provide is not an offer by us to supply the goods or services.
3.3. If you would like to make an order on the basis of a quotation or estimation, if we agree:
- we will notify you in writing of our agreement; or
- we will deliver the goods or services.
3.4. If we agree to provide you with goods or services, then we may impose conditions on our agreement, including the requirement for payment of a deposit and ongoing payments. Any such condition forms part of your customer contract with us.
3.5. Any variation of the customer contract, including alterations or changes required to specifications for goods or services, must be approved by us before the variation is deemed effective. The client agrees that alterations, additions or changes required over and above the estimated work (as set out in the project specification sheet) will be liable to extra costs. En Pointe will inform clients if and when alterations are outside the scope of work and what costs will be involved.
- Where we provide you with a quotation, that quotation is valid for a period of 30 days unless we advise you otherwise.
- Where we provide you with an estimate, while every effort will be made to accurately estimate fees it can be difficult to be precise due to many variables. Should En Pointe become aware of any change in the level of service or time required to complete the assignment, we will contact the client before proceeding further. Estimates are valid for 30 days unless we advise you otherwise.
- You must pay our invoices within 15 days of their date of issue. Payment must be made by cash, cheque or electronic funds transfer.
- We may vary pricing or quotations at any time before we accept an order and enter into a customer contract with you.
- Time for payment of any goods or services sold to you are an essential term of any customer contract.
5. Final Sale
- Subject to clause 6 and clause 8, and to the extent permitted by law, any supply of goods or services is deemed final upon delivery
6. Title and Risk
6.1. Risk in all goods passes to you upon delivery to you or your representative.
6.2. Title to goods does not pass to you until you have paid us all money payable under your customer contract in cleared funds.
7 Defaults and Penalty Interest
- An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or if an electronic payment or cheque fails to clear. If this occurs, En Pointe will be entitled to remove project materials from any and all computer systems and stop further services or product deliveries until the amount due has been paid in full. These actions do not relieve the customer of its obligation to pay the full amount due.
- We may impose penalty interest at a rate 2% higher than the rate fixed from time to time under the Penalty Interest Rates Act 1983 (Vic) on any overdue payments under a customer contract.
8. Liability and Indemnity
8.1. To the extent permitted by law we:
- will provide services with reasonable care and skill but do not warrant that they will be provided without fault;
- do not provide a warranty for goods provided under a customer contract.
8.2. Except for any express warranties in a customer contract, to the extent permitted by law we disclaim all express and implied warranties in relation to goods, services or a customer contract.
8.3. In the case of any breach of a customer contract, or any negligence for which we are responsible, or breach of a condition or warranty that legislation prohibits us from excluding (which condition or warranty shall accordingly be included), our liability to you will be limited, at our option, to, if the breach or negligence relates to goods:
- replacement of any goods involved or the supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
8.4 if the breach relates to services:
- supplying of the services again; and
- the payment of the cost (for the period of the breach) of having the services supplied again.
8.5. In no circumstances are we liable for any indirect, secondary or consequential loss (including loss of profits, loss of business, loss of bargain, loss of income or business interruption) that you or anyone else may suffer.
8.6. You indemnify us (on a full indemnity basis including all legal costs and expenses) against any claim, loss or damage we suffer to the extent that it arises from:
- any act or omission;
- any breach of any law;
- any breach of a customer contract; by you or anyone receiving the goods and services or the benefit of them.
9.1. You acknowledge and agree that if you terminate a customer contract, we may suffer loss and damage, and reserve our rights to recover such loss and damage from you.
9.2. We may terminate a customer contract at anytime if:
- you breach any term of your customer contract, including non payment;
- we deem you (in our absolute discretion) to be an unacceptable credit risk;
- you are declared bankrupt;
- you are insolvent, or we have reason to believe that you are insolvent (in our absolute discretion);
- you are placed under management, or have a receiver and manager appointed, or you go into voluntary administration or liquidation;
- we are unable to perform our contract due to a breach by any of our suppliers, or an event of force majeure.
10. Force Majeure
10.1. We are not responsible for the consequences of force majeure.
10.2. For the purpose of this clause a force majeure is an event or circumstance beyond our reasonable control.
11. Substitution and Repairs
We reserve the right to:
- substitute goods with ones that are of the same or similar quality where goods that you order are not available – in which case we will endeavour to advise you of this;
- to vary the design of the goods to provide for improvement.
12.1. En Pointe is not registered for GST and, as such, all quotes, estimations and invoices do not include GST.
12.2. For the purpose of this clause:
- GST means GST within the meaning of the GST Act; and
- A New Tax System (Goods and Services Tax) Act 1999 (as amended).
No right under a customer contract can be waived except by notice in writing signed by the party waiving it. If a party overlooks a breach by the other party on one or more occasions, it is not taken to have agreed to any future breach.
14.1. You may not transfer your rights or obligations under a customer contract to or share them with anyone without our prior written consent.
14.2. We may transfer our rights or obligations under this agreement to or share them with anyone without notice to you.
15. Intellectual Property Rights and Copyright
15.1. You may not use any of our intellectual property including our photographs, logos, trademarks, without our written consent.
15.2. Where we allow you to use our intellectual property, we may revoke that consent at any time – where we do, you must immediately cease using our intellectual property.
15.3. By supplying text, images and other material to En Pointe for inclusion in a website, email marketing, marketing material or any other medium, the client declares that it holds the appropriate copyright or other legal permissions. If any of the material breaches copyright or other laws this is the responsibility of the client and En Pointe can in no way be held responsible.
15.4. Copyright is retained by En Pointe on all work completed by En Pointe for clients until full costs for the work are paid.
16. Third parties
16.1. En Pointe uses third parties for all printing and web hosting, and clients who use these services will be responsible to the terms and conditions of these third parties.
16.2. En Pointe will also be permitted to engage and/or use other service providers as independent contractors to provide a service or product to our clients. Where En Pointe uses these third parties – other than printers and web hosts – clients will be informed and will be responsible to the terms and conditions of these third parties.
16.3. In all cases involving third parties, the client may need to pay third party costs in the event of the project being in dispute, postponed or cancelled.
En Pointe provides its services, products, advice, recommendations and the En Pointe website (www.enpointeconsulting.com.au) on an ‘as-is’ basis. The client’s use of En Pointe’s services, products, advice, recommendations and our website are at client’s own risk.
We may vary or amend these terms without your consent, but where we do we will endeavour to notify you at least 7 days before we do so.
If any provision in this agreement is unlawful or inconsistent with any law, then to the extent of the unlawful nature or inconsistency, that provision may be severed from without affecting the remainder of the agreement.
This agreement and any customer contract are governed by the law of Victoria, Australia. Any legal proceedings relating to them can only be taken in courts with jurisdiction in Victoria.