Thank you for visiting the MOQdigital website (www.MOQdigital.com.au). This page will help you make an informed decision about the terms and conditions that we supply services.
1. Supply. MOQdigital (ABN 43 112 930 515) (“MOQdigital”) agrees to supply services (“Services”) to the Customer on these standard terms and conditions (“Terms”).
2. Purchase Orders. Only these Terms (not other terms and conditions which may be attached to or incorporated in a purchase order) form part of the agreement between the parties. Acceptance of a purchase order will not be acceptance of any such terms or conditions.
3. Prices and Payment. Payment terms are strictly 30 days from the date of invoice. Services will be invoiced on a fortnightly basis or on completion or as otherwise prescribed in the documents describing the Services to be supplied.
4. Warranty. MOQdigital makes no warranty in relation to the Services other than as contained in these Terms or as prescribed by a law which cannot be excluded. Defects in Services, or the deliverables created by performance of the Services, reported to MOQdigital within 30 days of delivery of the Service will be rectified by MOQdigital at no charge to the Customer. MOQdigital will not provide claimed warranty services for defects or deficiencies in Services or the deliverables which are caused by:
5. Performance. MOQdigital will use its reasonable endeavours to perform the Services by the date agreed but will not be liable for any delays in performance caused by matters beyond its control. Where any delay arises because of an act or omission by the Customer or its agents, or any third party providing goods or services to the Customer as a result of which MOQdigital incurs additional direct expenses in performing the Services, the Customer must pay for those additional costs or expenses.
6. Acceptance. Unless the Customer gives MOQdigital written notice of any aspect of the Services or a deliverable created by performance of the Services which is alleged by the Customer to be not in accordance with these Terms or any applicable specifications, within 14 days of the date of performance of those Services or delivery of that deliverable, the Customer is deemed to have accepted those Services or that deliverable on performance or delivery. Where the Customer puts a deliverable to commercial use, it is deemed to have accepted that deliverable and the Services performed in relation to that deliverable on the first day of such use, whether or not a notice of the kind contemplated by this clause is given to MOQdigital as required.
7. Confidentiality. MOQdigital and the Customer agree that they will keep at all times as strictly confidential any confidential information that is disclosed or provided by one party to the other. In this clause, “confidential information” means information in any form but does not include information that is already in the public domain at the time that it is disclosed or becomes part of the public domain otherwise than as a result of an unauthorised disclosure by MOQdigital or the Customer.
8. Intellectual Property. The Customer acknowledges that:
9. Termination by MOQdigital. Where the Customer:
10. Termination by the Customer. Where MOQdigital:
11. No Representations. The Customer acknowledges that MOQdigital has not made any warranty or representation, express or implied, in relation to the Services, including whether they are suitable for a particular purpose (whether such purpose was made known to MOQdigital or not), unless provided in writing.
12. No Implied Terms. To the fullest extent permitted by law, the parties agree to exclude any terms which would otherwise be implied into these Terms by any statute. The liability of MOQdigital for a breach of a condition or warranty implied into these Terms by the Competition and Consumer Act, 2010 is limited at the option of MOQdigital:
13. Limitation of Liability. MOQdigital is not liable to the Customer for any indirect or consequential damages, loss of profits, revenue, data or use arising out of or in relation to the supply of Services, even if MOQdigital knew or should have known of the possibility of such loss or damage and whether damages are claimed in contract, tort (including negligence) or statute. Except in relation to liability for personal injury (including sickness and death), or damage to tangible property, MOQdigital’s liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of the supply of Products and/or Services or in respect of a failure or omission on the part of MOQdigital to comply with its obligations is, in aggregate, limited to an amount equal to the amount paid by the Customer to MOQdigital under the relevant order.
14. Variation. Any variation to these Terms must be in writing. Variations to any of the Services agreed to be supplied will be charged by MOQdigital at its then current rates for those additional services, unless otherwise agreed in writing.
15. General. Notices must be in writing and sent by mail or hand delivery to the address of the receiving party and are deemed delivered, in the case of:
If any of these Terms are for any reason declared to be or become unenforceable, invalid or illegal, the remaining Terms will remain in full force and effect. These Terms are governed by the laws of Queensland and the parties agree to submit to the non-exclusive jurisdiction of the courts of Queensland.
16. Taxes and GST. The amount payable to MOQdigital is inclusive of existing taxes, duties and government charges imposed or levied in Australia in connection with the supply of the Products and Services. The Customer is liable for any new or varied taxes, duties or charges imposed subsequent to MOQdigital’s quotation or proposal or to this agreement in respect of the supply of the Products and Services. MOQdigital will issue a valid tax invoice where GST is to be recovered.
17. Insurance. MOQdigital will, during performance of the Services, hold insurance policies for the following risks and to the following minimum amounts: