Terms and Conditions
on retainer services
These terms and conditions constitute the entire and exclusive agreement between the client and In Plain Sight PTY LTD (trading as Colonel Clicks). By paying any invoice issued by In Plain Sight PTY LTD, the client agrees that these terms and conditions supersede and replace all prior agreements, contracts, proposals, communications, or verbal understandings between the parties, unless otherwise expressly agreed in writing by In Plain Sight PTY LTD.
Each payment made in response to an invoice reaffirms acceptance of these terms, regardless of any other documents or communications that may conflict with or contradict them. The parties agree that this document governs all services provided by In Plain Sight PTY LTD, under Australian law.
1. General
1.1. In Plain Sight PTY LTD (trading as Colonel Clicks) provides digital marketing, web design and medicinal cannabis procurement services subject to the following terms and conditions.
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1.2. By engaging our services, you agree to be bound by these terms and conditions.
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2. Payment Terms
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2.1. All invoices are due and payable to the business account listed on this invoice within 7 days from the date of the invoice, unless otherwise agreed in writing.
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2.2. Late payments will incur a late fee of 4.5% per month on the outstanding balance.
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2.3. At this time, Colonel Clicks only accepts bank transfer directly to the aforementioned business account for In Plain Sight PTY LTD.
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3. Service Delivery
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3.1. Colonel Clicks will deliver services as outlined in the agreed proposal or contract, or in the absence of one, any initial communications which detailed the clients needs or expectations that were agreed to.
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3.2. Any changes to the scope of work must be agreed upon in writing and may result in additional charges. 4. Client Obligations
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4.1. The client agrees to provide all necessary information and materials required for the completion of services in a timely manner.
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4.2. The client warrants that all information provided is accurate and that they have the necessary rights to use any content supplied to Colonel Clicks. The content Colonel Clicks makes for the client remains the property of the client if termination occurs from either party.
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5. Confidentiality
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5.1. Both parties agree to keep all information obtained during the course of the service confidential from any and all entities.
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5.2. This confidentiality obligation extends to all staff and subcontractors of both parties.
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6. Liability
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6.1. Colonel Clicks will not be liable for any indirect, incidental, or consequential damages arising from the use of our services if approval has been given by the client to make said action.
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7. Termination
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7.1. Either party may terminate the service with 3 months written notice, including the month the notice was sent, never totalling more than 4 months.
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8. Dispute Resolution
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8.1. Any disputes arising from these terms and conditions will be resolved through good faith negotiations.
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8.2. If a resolution cannot be reached, the dispute will be referred to mediation before any legal action is taken.
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9. Governing Law
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9.1. These terms and conditions are governed by and construed in accordance with the laws of Australia.
9.2. Any legal proceedings arising out of these terms and conditions will be subject to the exclusive jurisdiction of the courts of Australia, unless client is located in Thailand.
10. Changes to Terms and Conditions
10.1. Colonel Clicks reserves the right to modify these terms and conditions at any time.
10.2. Clients will be notified of any changes in writing, and continued use of our services will constitute acceptance of the updated terms and conditions.