Payment and invoicing
The Parties agree and acknowledge the following:
a) All amounts set out in this Agreement and in any Quote provided by the Service Provider are exclusive of GST.
b) Subject to the Service Provider performing the Services in accordance with the terms of this Agreement, the Client shall pay the Service Provider the Fee set out in the Schedule in the manner and at the times provided for in this Agreement.
c) Where the Service Provider is entitled to invoice the Client for all or part of the Fee to the Service Provider, such invoices must be paid by the Client on the Scheduled Date of the Services in accordance with the Schedule.
d) If the Fee is not paid by the Scheduled Date of the Services or within any timeframes provided for in any invoice, the Service Provider may, without prejudice to or waiver of any rights it may have under this Agreement and/or at law, charge interest on any overdue amount at a rate of 12% per each day, for the period the amount remains overdue and the Client must pay upon demand of payment by the Service Provider immediately as cleared funds.
e) The Client is and will remain liable for all costs incurred by the Service Provider (including, but not limited to, liquidated or unliquidated losses, any legal fees on a client solicitor basis, or other fees, costs and damages) in the process of recovering any Fee payable but unpaid by Client.
Service Provider’s Fee
a) In consideration for the provision of the Services, the Client agrees to pay the Service Provider the Fee
b) The Service Provider will provide the Client with a Tax Invoice for the Fee prior to the Scheduled Date for the amount previously quoted.
c) The Fee will be paid by the Client in accordance with the Schedule.
d) The Service Provider acknowledges that, where required, it is registered for GST and any invoice includes, where relevant, an amount payable on account of GST.
Service Provider Extension Fee
a) If during the course of the Services, the Client elects to extend the booking outside of the Services within the Quote and Fee:
(i) The Client must notify the Service Provider, within two (2) hours of the Services coming to an end, the Further Services they are requesting;
(ii) The Service Provider will provide a Further Quote for the amount of the Further Services requested;
(iii) In consideration for the provision of the Further Services, the Client agrees to pay the Service Provider the Further Quote immediately by way of one of the following methods:
A. Bank transfer;
B. Cash;
C. Anonymous username based apps as agreed in writing by the Service Provider (i.e. BeemIt).
b) Failure by the Client to pay the Further Quote prior to the end of the Services will result in the Further Services not being provided.
c) The Client acknowledges that requesting the Further Services and paying the Further Quote will extend the terms of this Agreement including all warranties, liabilities and indemnities.
Cancellation Policy and Termination of Agreement
a) This Service Agreement will commence from the Date of Agreement and will continue until the Scheduled Date.
b) Notwithstanding any provision in this Agreement to the contrary, the Service Provider may immediately terminate this Agreement without notice to the Client in the event the Client:
(i) is seen to be guilty of any misconduct or has acted in a manner which could be reasonably expected to bring the Service Provider into disrepute or could be reasonably expected to put the Service Provider or its agents at any risk; or
(ii) fails to carry out any of its obligations under the terms of this Agreement within the time periods prescribed.
c) The following obligations of the Client will continue and shall remain in effect notwithstanding any cancellation and beyond the Scheduled Date:
(i) Payment of any Fee; and
(ii) Releases and indemnities.
d) The Client may terminate this Agreement upon written notice to the Service Provider if the Service Provider commits a breach of this Agreement within the meaning of this Agreement.
e) If such termination is disputed, it shall be dealt with in accordance with the dispute resolution provisions of this Agreement.
Cancellation of Bookings
a) If a booking has been made for Services, the Service Provider expects to fulfil their obligation to the Client, and if the Client chooses to terminate, they will be expected to compensate the Service Provider to cover the Fee for time lost as follows:
Cancellation Notice Period & Amount charged
Cancellation with 1 week notice: 20% of quoted amount will be charged
Cancellation with 3 days’ notice: 50% of quoted amount will be charged
Cancellation with 48 hours’ notice: 100% of quoted amount will be charged
Cancellation without notice: 100% of quoted amount will be charged
Services booked for a specific amount of time but cut short for any reason: 100% of quoted amount will be charged
Further, if the Client elects to amend the Quote once the Bond Amount is paid by
way of:
(i) changing the Client’s choice of the Service Provider’s agents, performers or entertainers; or
(ii) changing the booking location; this will result in the Client being charged a Swap Fee to cover the costs of the Service Provider’s agents, performers or entertainers as a result of the Client’s amendment to the original Quote.
c) The Client acknowledges that these charges are in place because the Service Provider’s services are booked for specific Scheduled Dates and therefore the Service Provider is unable to take other bookings for the Client’s Scheduled Date.
Social Media, Photography and Recording
During the provision of Services, the Client (including but not limited to any guests and/or third parties) must not under any circumstances:
(i) use any device whatsoever to record or photograph the Service Provider or its agents;
(ii) post any photographic or recorded material to any social media platforms;
(iii) retain any photographic or recorded material on any device whatsoever, without the prior written consent of the Service Provider.
If the Client, its guests or any third parties breach any aspect of this clause, the Client shall be liable for all costs incurred by the Service Provider (including, but not limited to, any legal fees or other advisory fees) in enforcing its rights against the Client for its breach.
Definitions and Interpretation
Bond Amount means an amount of $50 per hour for all Services, apart from shows, which are $150 per show, which is paid to the Service Provider to be held subject to the terms contained in this clause.
Client means the Client specified as the contact booker and includes the Clients successors and assigns and where it is consistent with the context includes the Clients employees, contractors, agents, invitees.
Fee includes the consideration payable to the Service Provider by the Client for the Services as listed in the Quote and invoice issued to the Client, including the Bond Amount.
Scheduled Date means the date by which the Parties agree the Services will be provided.
Service Provider means the Service Provider specified as Luxe Waitressing and includes the Service Provider’s successors and assigns and where it is consistent with the context includes the Service Provider’s employees and agents.
Services means the services provided by the Service Provider or as varied between the Parties in writing (including by way of mobile phone text messages).
Swap Fee means the consideration payable to the Service Provider by the Client for electing to swap the agents, performers or entertainers or booking location in relation to the Services once the Bond Amount has been paid and is equal to the time limitations and amounts as set out in Pricing.