Terms and conditions for digital optimisation offer

1. Interpretation

In this document the following words shall have the following meanings:

  • “Customer” or “Client” means any person who purchases Services from the Supplier;
  • “Supplier” means Targetbase Australia Pty Ltd, trading as The Walk Agency
  • “Terms and Conditions” means the terms and conditions of supply set out in this document and The Walk’s standard terms of trade.

2. General

  • 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.
  • Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.

3. Price and payment

  • Payment of the price shall usually be paid by contract or Service Level Agreement terms as applicable. Payment can be made by credit/debit card on-line or over the phone, by EFT or by cheque. Payment in arrears will be by prior agreement only.
  • The 25% discount offer is only valid for digital optimisations projects deemed appropriate by The Walk before the 31st of December 2020.
  • The 25% discount is only applicable to the first project the client engages with The Walk on. Whether or not a project, or component of a project qualifies as “digital optimisation” will be decided entirely at the discretion of The Walk.
  • The price of the work to be carried out will be estimated by The Walk in response to the client requirements, as per our standard terms of trade.
  • The discount will be applied at the sole discretion of the Walk to the cost or costs identified by The Walk to qualify as “digital optimisation”. For avoidance of doubt, the discount could be applied to the entire project if it qualifies, or the component parts of the project that are deemed to qualify by The Walk.
  • All costs and the way the discount has been applied will be made apparent to the client before the commencement of any services by The Walk
  • In addition to this agreement, where a client agrees to the estimated costs of the project as supplied by The Walk, the client also accepts the standard terms of trade supplied as part of the cost estimate.

4. Customer’s obligations

To enable the Supplier to perform its obligations the Customer shall:

  • Co-operate with the Supplier;
  • Provide the Supplier with any information reasonably required by the Supplier;
  • Keep the supplier notified of their correct name, postal address and any phone, fax or e-mail information.
  • Comply with such other requirements as agreed between the parties.
  • Comply with all other statutory requirements – particularly in regard to data protection and confidentiality.

5. Supplier’s obligations

  • The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.

6. Limitation of liability

  • 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 in excess of the price of the Services.
  • 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. 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.

8. Severance

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable 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.

9. Governing law

These Terms and Conditions shall be governed by and construed in accordance with the law of Victoria and the parties hereby submit to the exclusive jurisdiction of the Australian courts. Registered Address: Suite 2/166 Wellington St, Collingwood VIC 3066