Terms and Conditions
The terms and conditions for the supply of Modals modelling services
1. INTERPRETATION – In this document the following words shall have the following meanings:
1.1 “Customer” means any person who purchases Services from MoDals;
1.2 “Supplier” means CCDalmatians trading as MoDals of PO Box 116, Ballarat 3353 VIC;
1.3 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing
by the Supplier.
2. GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the supply of Services by the Supplier to the Customer and shall prevail over any other
documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
3. PRICE AND PAYMENT
3.1 The Supplier will charge the Customer for every hour or part there of (with a minimum of 2 hours) for the time the models are required to be available at the agreed hourly model(s) rate.
3.2 Payment of the price shall usually be paid on completion of the modelling services being provided. Payment can either be made in cash or by direct debit to the Suppliers bank account. Prepayment is also available upon request.
3.3 The Supplier will send an invoice by email to the Customer. Once invoiced a Customer has strictly 7 days to provide payment. If any invoice hard copies are requested, in any format, there may be a small administration fee.
3.4 The Supplier reserves the right to modify the price of any service at any time. Once a service has been ordered, the price shall remain fixed for the Customer.
4. CUSTOMER’S OBLIGATIONS – To enable the Supplier to perform its obligations the Customer shall:
4.1 Co-operate with the Supplier.
4.2 Provide the Supplier with any information or access reasonably required by the Supplier.
4.3 Keep the supplier notified of their correct name, postal address and any phone, fax or e-mail information.
4.4 Provide prompt and full payment to the supplier upon completion of services provided.
5. SUPPLIER’S OBLIGATIONS
5.1 The Supplier shall provide the Services with reasonable skill and care and to a reasonable standard.
5.2 The Supplier will ensure that the selected MoDals are on location and ready to perform during the hours the Customer has requested and agreed to pay for.
5.3 The Supplier shall ensure all selected MoDals are clean, well presented and suitable to be photographed during the hours that the Customer has booked them for.
6. LIMITATION OF LIABILITY
6.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury. However the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise.
6.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
7. CANCELLATIONS – Returns/refunds policy:
7.1 Where a Customer cancels their modelling appointment with more that 24 hours before the starting date/time of the appointment, the Supplier may charge a nominal cancellation fee.
7.2 Where a Customer cancels their modelling appointment with less than 24 hours before the appointment the Supplier will charge the Customer 50% of the total booking fee.
8. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
9. MODALS INTELLECTUAL PROPERTY
The contents of the MoDals website may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means without the prior express written permission of MoDals (CCDalmatians).
10. SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforcable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of Australia and the parties hereby submit to the exclusive jurisdiction of the Australian courts.
MoDals (CCDalmatians) Registered Address: PO Box 116, Ballarat 3353 VIC, Australia and is a registered business in Australia. Should you have any questions about our Standard Terms and Conditions please do not hesitate to Contact Us.
