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Terms & Conditions

  1. Definitions. For the purposes of this document, “Agreement” refers to the terms outlined in this document. “PAINT IT CO” refers to PAINT IT CO Pty Ltd (ABN: 78 652 725 294). "Client" refers to any person/entity who is undertaking work with PAINT IT CO. "Commencement Fee" refers to 30% of the total fee and will be invoiced upon acceptance of the Fixed Quotation. “Midpoint Fee” refers to 40% of total fee and will be invoiced midway through the Services. “Completion Fee” is 30% of total fee and will be invoiced at the completion of the Services. “Fees” refers to the total monetary value of the Services. “Investment Estimate” refers to a low to high range monetary value based on the number of employees participating, their work from home suburb locations, and the costs associated with providing Services. “Fixed Quotation” refers to the document which lists the Services and associated Fees that PAINT IT CO will undertake. “Term” refers to the length of time in which the Services is estimated to last. "Services" refers to the work PAINT IT CO will undertake. "Party" refers to both PAINT IT CO and the Client.

  2. The Client does not need to sign these Terms and Conditions to accept them. Instructing PAINT IT CO to continue work or payment of any invoice will be deemed acceptance of these Terms and Conditions.

  3. This Agreement contains the entire agreement between the parties and supersedes all previous correspondence and negotiations concerning the Services. This Agreement is the primary agreement between the parties in relation to the Services and will be paramount to any terms attached to any purchase order, service request or other engagement terms provided to PAINT IT CO whether before or after the execution of this agreement by either party. This Agreement may only be varied by PAINT IT CO executing a document explicitly using the words “This agreement varies PAINT IT CO’s Standard Terms and Conditions”.

  4. Appointment and Term. The Client appoints PAINT IT CO as partner to provide the Services during the Term. The Client acknowledges the term is an estimate only and the Term may vary depending on the requirements of the Services.

  5. Services. In consideration of the payment of the Fees, PAINT IT CO will provide the Services. PAINT IT CO will abide by any reasonable directions given by the Client with respect to the manner of delivery of the Services.

  6. Investment Estimate. PAINT IT CO will provide a project Investment Estimate which outlines a low to high range monetary value based on the number of employees participating, their work from home suburb locations, and the costs associated with providing Services. A final investment total will be determined post the formal estimations with each participating employee and will be provided to the Client as the Fixed Quotation.

  7. Fixed Quotation. PAINT IT CO will provide the Client with a Fixed Quotation prior to commencing the Services. A Fixed Quotation will be based on the materials and time estimated to complete the Services. Any additional expenses that may be required for completion of the Services will be subject to the Client’s approval.

  8. Fees. PAINT IT CO will provide a tax invoice to the Client for the Fees plus GST (“Fees”) according to the Fees set out in the Fixed Quotation and Services Agreement. Fees payable as per Services Agreement payment terms. PAINT IT CO shall be entitled to charge interest at the rate of 5% per month calculated daily on any overdue Fees. The Fees may be reviewed by PAINT IT CO if the scope of the Services change and the Client will be given notice of any increase in the Fees. Any additional work required after the completion of the Services will be charged at the hourly rate available from PAINT IT CO upon request.

  9. Commencement Fee. Upon acceptance of the Fixed Quotation, PAINT IT CO will provide a tax invoice to the Client for the Fees plus GST (“Fees”). The Client is required to pay the Commencement Fee amount for the agreed Services. PAINT IT CO will not begin work until the Commencement Fee is paid in full. In some situations, PAINT IT CO may vary the Commencement Fee amount. The Client will be notified of their Commencement Fee amount in writing.


  10. Midpoint Fee. When 50% of the Services are completed, PAINT IT CO will provide a tax invoice to the Client for the Fees plus GST (“Fees”). The Client is required to pay the Midpoint Fee amount for the agreed Services. PAINT IT CO will not continue work until the Midpoint Fee is paid in full.

  11. Completion Fee. When all Services are completed, PAINT IT CO will provide a tax invoice to the Client for the Fees plus GST (“Fees”). The Client is required to pay the Completion Fee amount for the agreed Services.

  12. Payment Methods. All Fees can be made to PAINT IT CO via Direct Deposit. If other payment methods are required, it is the responsibility of the Client to pay all bank and currency fees associated with this. Likewise, if a client wishes to make an International Transfer in Australian Dollars or any other currency, all related fees will be charged to them.


  13. Expenses. In addition to the Fees, the Client will reimburse PAINT IT CO the actual costs of disbursements reasonably incurred by PAINT IT CO in carrying out the Services. Expenses are subject to prior approval by the Client.

  14. Refunds. After the payment of the Commencement Fee, a full refund may be obtained if:

    1. It is requested within 5 days of the initial payment

    2. No work has been undertaken by PAINT IT CO

    • If a refund is requested after work has begun or after the 5 day cooling off period, no refund will be given. Under no circumstance will a refund be given once all or most of the work is completed and sent to the Client. The Client is expected to pay the full agreed amount upon delivery of the Services.

  15. Non-Payment. In the result of the Client not being able to pay the Fees by the deadline, the following conditions apply:

    1. All work by PAINT IT CO will immediately cease

    2. The Client forfeits their entire Commencement Fee

    3. The Client will be given 1 week (7 days) to pay for any completed Services (which will be outlined in a final bill sent by PAINT IT CO)

    4. In the result of non-payment, steps may be taken by PAINT IT CO to recover any outstanding payments and recoup financial losses.

  16. ​Promotion. A link to PAINT IT CO website specified by PAINT IT CO will be placed on the Client’s website\page(s) in an agreed position, styling, and size. PAINT IT CO retains the right to include any Client’s work in their portfolio. If this is not wanted by the Client, they must specify it in writing to PAINT IT CO via the following email address: painter@paintitco.com.au. The Client also agrees to all promotion activities listed in the Services Agreement.

  17. Assistance. The Client will give PAINT IT CO, its employees, and contractors all assistance reasonably requested by PAINT IT CO to enable PAINT IT CO to carry out the Services.

  18. Warranty Period. On completion of the Services, there is a professional 5-year warranty, guaranteeing the paint coating system applied will not peel, flake, or blister for a period of 5-years as a result of faulty surface preparation or application of the paint coating system. This Warranty Period applies from the date the Services are completed and covers defects directly related to services rendered by PAINT IT CO. Warranty does not apply to defects which are caused as a result of the actions of other parties, including the Client. If modifications are conducted by any party other than PAINT IT CO during the Warranty Period, warranty will automatically be terminated immediately. Warranty Period also does not cover modifications or additions not included in the Services, Fixed Quotation, or Agreement.

  19. Liability. PAINT IT CO will not be liable to the Client or any persons claiming under it in contract, tort or otherwise for or in respect of any direct, indirect, or consequential loss, damage, expense or injury suffered by the Client or any other person arising out of or relating to this Agreement or any delay, non-performance or error in information supplied to the Client by PAINT IT CO in connection with this Agreement or any services provided. Without limiting the foregoing, PAINT IT CO shall have no liability for circumstances beyond its control, including without limitation fire, theft, strike, lockout, force majeure, act of god, or act of terror.

  20. Termination. Either Party may terminate this agreement by giving the other Party thirty (30) days written notice, or the parties may mutually agree in writing to a shorter notice period. This agreement will automatically terminate if: the Client enters into an arrangement or composition with creditors; an application is made for the appointment of a liquidator, controller, administrator, official manager, receiver and manager or similar officer or any of them is appointed; an event happens which would allow a court to wind the Client up; the Client ceases to carry on business or is unable to pay its debts; or the Client materially breaches this agreement and does not remedy the breach with fourteen (14) days of receiving notice from PAINT IT CO to rectify the breach or the breach is incapable of being remedied.. If this agreement is terminated for any reason, the Client shall immediately pay to PAINT IT CO any part of the Fees which has accrued prior to the termination but has not been paid, including works performed but not yet invoiced.

  21. The proper law of this agreement is the law of New South Wales. The parties submit to the jurisdiction of courts in New South Wales.

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