Terms of Business
1 Use & Definitions
1.1 In these Terms of Business:
(a) “Account” means the account with your Nominated Financial Institution to which your Payment Method is linked and that we are authorised to debit in accordance with your instructions when performing the Website Payment Service.
(b) “the Client” refers to the individual or business named in the preceding Application to whom the services are supplied and, includes any servant, agent, partner, director, proprietor, contractor or employee or legal entity, and in the case of two or more persons, shall refer to them jointly and severally.
(c) “the Company” means Canwehave Pty Ltd (ACN: 612495691).
(d) “Invoice” means an account, invoice, statement or demand for payment (however described) of the Company delivered via email or post and payable by you.
(e) “Business Day” means any day, Monday to Friday on which banks in Melbourne or Sydney are able to effect settlement through the Reserve Bank of Australia.
(f) “Guarantor” refers to;
(i) In the event that the Client is a Company or Trust, the person(s) whom is named in any form of the Website Payment Service and terms as a servant or employee of the Client. In the case of two or more persons, they shall be referred to jointly and severally; or
(ii) In the event that the Client is a Sole Proprietor or Partnership, the person(s) whom are named as the Client in any form of the Website Payment Service. In the case of two or more persons, they shall be referred to jointly and severally.
(g) “Nominated Financial Institution” means the bank or financial institution or credit provider that operates the Account.
(h) “Payment” means acceptance of a payment transaction via the Website Payment Service
(i) “Payment ID Number” means a transaction record generated by the Website Payment Service which indicates that a Payment transaction has been accepted for processing.
(j) “Payment Method” means a payment method accepted by the Website Payment Service, including but not limited to, debit cards, credit cards, or any other payment method approved by us at any time.
(k) “Website Payment Service” means the service provided to you to enable the Payment of Invoices via the Website.
(l) “States” means the States and Territories of the Commonwealth of Australia.
(m) “Talent” means any person or persons introduced to the Client by the Company for the provision of services such as modelling, ………
(n) “Terms” means these terms of business, as modified or replaced from time to time.
(o) “Website” means
(p) “you” and “your” means the Individual user of the Website and/or the Client.
(q) References in these Terms to “we”, “us” and “our” are references to the Company whose registered office is at XXXXXX.
1.2 These Terms of Business are valid for all requests placed with the Company for introductions to any talent, model or candidate for an assignment or employment with the Client unless otherwise confirmed by the Company.
1.3 The Client acknowledges and agrees to the Company’s Terms of Business.
1.4 All orders placed by the Client will be subject to these Terms of Business unless expressly agreed to in writing by the company.
1.5 The Client, or any representative of the Client represents and warrants to us that they have the capacity to accept and be bound by these Terms.
1.6 These Terms of Business shall have effect irrespective of any Terms of Business notified at any time by the Client, unless agreed in writing by the Company.
1.7 Access to and use of the Website is provided to you subject to these Terms. By accepting these Terms during the initial online registration or at any payment process and then accessing or using the Website, you agree to be bound by these Terms
2 Access to this Website
2.1 The Company provides the Client access to the Website in order to help the Client at every stage of the talent hiring process and offer the Client other specialist services.
2.2 The Client acknowledges and agrees that it is not permitted or authorised to:
(a) use the Website for, or to encourage, any unlawful purpose;
(b) post or transmit on the Website inaccurate, incomplete or false information;
(c) post or transmit on the Website any libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material.
(d) post or transmit on the Website any material which contains any virus or other disabling devices which interferes or may interfere with the operation of the Website; or which alters or deletes any information which the Client has no authority to alter or delete; or which overloads the Website by spamming or flooding it.
(e) use any device, routine or software to crash, delay, or otherwise damage the operation of this Site.
(f) take any action that affects CGS’ reputation or that defames, abuses, harasses or threatens others.
2.4 As a convenience to users, this Site contains links to external websites and the client may be offered a number of automatic links to other sites, which may interest the client. The Company accepts no responsibility for or liability in respect of the content of those sites. The Company should not be taken as having reviewed or approved such sites or their contents, nor does it warrant that any links to such sites work or are up to date. The use of any such links is entirely at the client’s own risk. Any third parties wishing to link to our Site may do so provided links are to the home page only of the Website and provided the Company are notified in advance by email to firstname.lastname@example.org.
2.5 When the Client registers with this site or subsequently signs on when the Client visits the Website, the Client will need to use a user name and password. As part of the registration process you will need to choose a unique username and password. You must not share your username and password with any other person, and you must ensure that it remains secure. Your username and password is non-transferable, and your username cannot be changed.
2.6 The Client must notify the Company immediately if the Client believes that its password is in the possession of a third party or if it is in risk of being used in an unauthorised way. The Company accepts no liability for any unauthorised or improper use or disclosure of any password.
2.7 You must ensure that you exit from your Login at the end of each session.
2.9 Every effort is made to keep the Website up and running smoothly and fault-free. However, the Company takes no responsibility for, and will not be liable for, the Website being temporarily unavailable for reasons of maintenance / improvement, or due to technical issues beyond our control.
2.11 The Company may its absolute discretion deny the Client access to this Site (which may include any of the services or information available through it) or any part of it at any time without explanation.
3 Use of the Website Payment Service
3.1 Your obligations and responsibilities
(a) You agree that all information you provide to us during your use of the Website is correct to the best of your knowledge at the time you supply it.
(b) It is your responsibility to ensure that sufficient credit or funds are available in the relevant Account at all relevant times to enable Payment of an Invoice.
(c) Where a payment is declined by your Nominated Financial Institution for any reason your payment transaction will not result in payment of your Invoice and your Invoice will remain unpaid. You will be responsible for any additional fees and charges levied by either your Nominated Financial Institution or the Company as a result of non-payment.
3.2 Your authority
(a) You agree that we may request that your Nominated Financial Institution debit your Account in order to complete the transaction and pay the Invoice.
(b) You warrant that you are entitled to use the chosen Payment Method and associated Account, and that we have been authorised by you to process the transaction.
(c) You agree that you will supply us, upon request, with all information we reasonably require in order to enable us to process any payments for you.
(a) You may incur fees and/or charges at the time of making Payment for payment processing costs.
(b) If a fee and/or charge is applied at the time of making a Payment, you will be advised of this before the payment is processed and you will have the opportunity to cancel or change the payment before it is processed.
(c) You will be provided with a Payment ID Number when your Payment has been accepted.
(d) You are unable to cancel, alter or reverse a Payment that you may have made, using the Website. If you believe a Payment is incorrect, unauthorised or you wish to make a cancellation for any other reason, please contact us immediately. If we are unable to resolve the issue or request to cancel, alter or dispute a transaction, we will advise you in writing of the procedures for further investigation and resolution, and we may request further relevant details from you. Should we be unable to resolve the issue we may request that you contact your Nominated Financial Institution directly.
3.4 Privacy and Security
(a) Notwithstanding our efforts to ensure that the Website is secure, you acknowledge that all electronic and telephonic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers utilising the Website will be secure.
(b) We may issue instructions from time to time, intended to ensure the security of the Website. You agree to comply with those instructions.
(c) You acknowledge that your personal information may need to be disclosed to third parties
(i) to perform the any Services offered by the Company
(ii) to enforce and apply these Terms
(iii) as otherwise permitted or required by law
4 Intellectual Property
4.1 ‘Copyright Material’ means any work or other subject-matter in which copyright subsists or is capable of subsisting under the Copyright Act 1968 (Cth) or equivalent legislation;
4.2 ‘Intellectual Property Rights’ means rights subsisting or capable of subsisting or being obtained under intellectual property legislation, including legislation dealing with copyright, circuit layouts, designs, patents, plant varieties or trademarks, and whether in Australia or overseas.
4.3 All of the information contained on this Site is the Copyright of the Company.
4.4 All trademarks, logos, software or any other or any other of its intellectual property rights are the exclusive property of the Company.
4.5 The Client may not download copy or print any of the pages of the Website except for its own personal use, and provided that the Client keeps intact all copyright and proprietary notices.
4.6 No copying or distribution for any business or commercial use is allowed.
4.7 No framing, harvesting, “scraping” or other manipulation of the content of the Website is permitted.
4.8 The Client will not attempt to decipher, disassemble, reverse engineer or modify any of the software, coding or information comprised in the Website; nor will the Client post to the Website any material which infringes any intellectual property rights of any third party.
5 Liability and Disclaimer
5.1 The information contained on this Site including any salary information or surveys are given in good faith and the Company uses all reasonable efforts to ensure that it is accurate. However, the Company gives no representation or warranty in respect of such information and all such representations and warranties, whether express or implied, are excluded.
5.2 No liability is accepted by the Company for any loss or damage which may arise out of any person relying on or using any information on this Site. the Company shall not be liable to any person relying on or using any such information for:
(a) loss of revenue, loss of actual or anticipated salary; loss of actual or anticipated profits whether arising in the normal course of business or otherwise (including, without limitation, loss of profits on contracts);
(b) loss of or damage to employment prospects; loss of opportunity; loss of the use of money; loss of anticipated savings; loss of business; loss of goodwill; loss of or damage to reputation; loss of or corruption to data; loss of management or administration time, legal and other professional fees and expenses; or
(c) any indirect or consequential loss or damages however caused (including without limitation by reason of misrepresentation, negligence, other tort, breach of contract or breach of statutory duty) which arise directly or indirectly from the subject matter of this Site. However, nothing in the above shall limit or exclude CGP’ liability for fraud or for death or personal injury caused by negligence, or to the extent otherwise not permitted by law.
5.3 The Client agrees to fully indemnify the Company, and keep indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from any use or misuse by the Client of this Site.
5.4 The Company does not guarantee that any employer or client will ask for a model’s or candidate’s information, or will interview or hire a model or candidate, or that any models or candidates will be available or will meet the needs of any employer or client. The Company makes no representation or warranty as to the final terms and duration of any appointment obtained through this Site. Whilst the Company takes all reasonable endeavours to ensure it is the case, the Company does not guarantee that any employer or client will keep confidential any candidate information or data provided to them.
5.5 If any provision of these Terms of Business is held to be invalid by a court of competent jurisdiction, such invalidly shall not affect the validly of the remaining provisions, which shall remain in full force and effect.
5.6 Your use of the Website and downloads from it, and the operation of these Terms of Business, shall be governed in accordance with the laws of NSW. The Australian courts shall have exclusive jurisdiction over any dispute arising out of the use of this website.
5.7 www.covergirlpromotionalmodels.com.au is the website for the Company, Canwehave Pty Ltd (ACN: 612495691), a company registered in Australia whose registered office is Level 2, 56 Clarence Street, Sydney, NSW, Australia.
6 Bookings and Cancellations
6.1 All quotations provided to the Client from the Company are valid for 30 days from the date of quote. The quotation provides the “agreed price” for the provision of services, and will contain references to the “deposit” required to proceed.
6.2 Unless otherwise agreed, bookings are only accepted once the quoted non-refundable deposit is received. Provisional bookings can be made, however the Company reserves the right to cancel provisional bookings to allow talent to accept other bookings.
6.3 Photography can only be used for its originally stated purpose. Any extended or added usage must be agreed to by the Company and may attract a further charge or payment being requested.
6.4 The Company may cancel an agreement if a client refuses to accept a price where the scope and work have been altered after the contract has been entered into, or as soon as it is found that any expenses in relation to an agreement will be in excess of those originally estimated in a quotation and any increases in expenses are not agreed to be covered by the client.
6.5 Ordinary working hours are 7am to 6pm. Bookings outside of these hours or beyond 8 hours a day must be negotiated at the time of booking.
6.6 The total hours booked by the client “the booked hours”, and listed on a quotation are the minimum hours of talent that must be paid for. Should a job finish earlier than the original booked hours, the client agrees and acknowledges that they will make full payment of total hours book.
6.7 Overtime or penalty rates may apply if a job takes longer than the booked hours.
6.8 If a job continues beyond the booked hours, the job will be additionally invoiced for the overtime in minimum 30 minute increments.
6.9 For regular editorial talent rates to apply to a booking, the publication must be on sale nationally in Australia through Newsagents or Supermarkets or available by paid subscription. If this criteria is not met then standard rates apply to the booking.
6.10 Should the client require the talent to attend any fittings, outside of the booked hours, such fittings will be charged at $75.00 per hour.
6.11 Unless otherwise agreed, hair, makeup and manicures will be charged at half the talent’s usual hourly rate
6.12 Unless otherwise agreed, travel charges will apply where talent travels more than 30 minutes outside of the City centre. It is agreed and acknowledged by the Client that the Company will use Google Maps to confirm the travel time in minutes from the capital city to the event address. It is further agreed and acknowledged that travel time will be charged at $1 per km for the entire trip duration where the total travel time exceeds 30 minutes, per direction.
6.13 In the event the Client cancels a booking, the Client agrees and acknowledges that it is liable to pay the following amount(s) in consideration for the costs incurred, or to be incurred by the Company as a result of the cancellation:
(a) 100% of the agreed price is payable if cancellation takes place within 24 hours of the scheduled event; or
(b) 75% of the agreed price is payable if cancellation takes place within 48 hours, (but more than 24 hours) of the scheduled event;
(c) 50% of the agreed price is payable if cancellation takes place within 7 days, (but more than 48 hours) of the scheduled event; or
(d) 30%, or the deposit (whichever is higher) is payable at any other time after the agreement is made.
6.14 No variations to the quotation will be accepted after a corresponding invoice has been issued.
6.15 Where the Talent has been referred to the Client directly, and payment of their fees are being handled by the Client, the Client has agreed and acknowledged that they will be responsible, and indemnify the Company (and keep indemnified) for withholding PAYG Taxes, the Talent’s rates and the payment of Talent’s Superannuation, in accordance with current Superannuation Legislation.
6.16 Where the agreement provides that the Client will pay the Company directly for the entire balance of the talent fees, all PAYG and Superannuation will be managed by the Company.
6.17 Unless otherwise agreed, payment terms are 7 days.
6.18 The Client agrees and acknowledges that the Company is entitled to charge interest on any outstanding balances, and that interest will continue to accrue on the balance of any outstanding balance at a rate of 0.2% per day.
7 Declaration – Use of On-line Payment Services
7.1 In this section, “the Individual” refers to person named on the Credit or Debit Card used for payment.
7.2 In this section, “the Client Business” refers to a Company or Business named on the Credit or Debit Card used for payment.
7.3 I, the Individual or the Client Business have read and agreed to the terms of business set out above and acknowledge that I /we may obtain a copy of the Terms of Business by printing this page or by referring to a copy of the Terms, as they change, from time to time, at https://covergirlpromotionalmodels.com.au/terms-and-conditions
7.4 I, the Individual or the Client Business acknowledge and agree that the terms of business as stated above form the Terms of Business of each contract in respect of the supply of goods by the Company to the Client.
7.5 I, the Individual or the Client Business, hereby authorise the Company to make any enquiries or exchange or disclose any information concerning my/our credit from or to any person or source or to any person or source authorised under the Privacy Act and I acknowledge that the Company may supply this information to a credit reporting agency.
7.6 In consideration of the Company having agreed to provide services to the Client, I, the Individual or the Client Business agree and acknowledge that the Company may use the payment details supplied by me/us electronically to charge the named account with any cancellation payments referred to in Clause 5.14 above. In the event that a cancellation payment is unable to be processed, I/we agree and acknowledge that the debt will become immediately due and payable to which I am liable to pay.
7.7 I, the Individual, hereby undertake that I will be personally liable for any debts incurred by the Client. I further acknowledge that the information provided in any forms associated with my dealings with the Company is true and correct.
8.1 All rights not expressly granted in these Terms of Business are reserved.
8.2 We shall not be deemed to have waived any of our rights or remedies under these Terms unless such waiver is in writing and signed by one of our authorised officers. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies.
8.3 These Terms constitute the entire agreement and understanding between you and us and supersede any and all prior communications, representations, agreements or understandings between you and us with respect to the subject matter of these Terms.
8.4 We may assign or otherwise deal with our rights and subcontract and novate our obligations under these Terms by written notice to you without your prior written consent.