Terms and Conditions

All contracts and dealings between CD Creative Directory (ABN 17 654 834 223) and any person (‘Customer’) relating to any goods or services provided and supplied by CD Creative Directory to the Customer are subject to the terms and conditions of trade set out below (‘these Terms’). 

1.  ACCEPTANCE

1.1. These Terms and Conditions ( Terms) are between CD Creative Directory, its successors and assignees (referred to as “ we”, “ us” or “ our”) and you, the person, organisation or entity described in the Proposal or Email (referred to as “ you” or “ your”), and collectively the Parties. These Terms apply to all sales made by us to you.

 1.2. You have requested the Services set out in the attached Proposal or Email. You accept the Proposal/ Email and these Terms by either:

 (a) signing and returning the Proposal; or

 (b) confirming by email that you accept these terms; or

 (c) instructing us to proceed with the Services; or

 (d) paying any Deposit/ Booking Fee set out in the Proposal or Email,

or making part or full payment for the Services, set out in the Proposal or Email or our tax invoice to you (Invoice).

 1.3. You agree that these Terms form the agreement under which we will supply Services to you. Please read these Terms carefully. Please contact us if you have any questions using the contact details at the end of this form. Purchasing Services from us indicates that you have had sufficient opportunity to read these Terms and contact us if needed, that you have read, accepted and will comply with these Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You must not order or use the Services if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to these Terms, you must not use or purchase our Services from us.

2.  SERVICES

2.1. We agree to perform the Services with due care and skill.

2.2. We reserve the right to refuse any request that we deem inappropriate, unreasonable or illegal.

2.3. We will provide the Services for the period/ Service Date set out in the Proposal or Email (Schedule of Services). On the Service Date the parties may agree to further or Additional Services being provided under these Terms for an additional period.

2.4. We may provide the Services to you using our employees, contractors and third party providers, and they are included in these Terms.

2.5. Third parties who are not our employees or our direct contractors (Third Parties) will be your responsibility. We are not responsible for the services provided by Third Parties.

2.6. If you request amended or additional services, including but not limited to changes to the Proposal or Email agreement, scope, or variations (Variation), we have discretion as to whether we perform this work for you and whether an adjustment to the Fee may be required in respect of the same. If we are unable to accommodate the Variation, we may request that we be paid for Services performed to date and terminate these Terms.

2.7. If we agree to perform a Variation, then we will inform you of any additional cost (Variation Fee). You need to approve the Variation and Variation Fee before we commence work. We will invoice or email you accordingly for the Variation.

3.  PRICE, INVOICING AND PAYMENT

3.1. You agree to pay us the Fees and Expenses for the Services that you have requested, as set out

in the Proposal or Email including any Deposit or Booking Fee (Price). All amounts are stated in Australian dollars unless stated otherwise. All amounts include Australian GST unless stated otherwise.

 3.2. The Price and Services can be varied by written agreement between us, including by email, prior to confirmation of Services.

 3.3. You agree to pay our Rate within the Invoice rate Terms. If our Invoice rate is unpaid 7 days prior to Service Date we will cease to provide the Services to you until we receive payment of the Invoice.

 3.4. We may charge interest on any amounts unpaid after the payment due date.

 3.5. Our pricing structure, payment methods and these Terms may be amended from time to time at our discretion. The pricing changes will apply to you for Services provided to you after the date of the change. All other changes will apply from the date that the amended or new Terms are provided to you or if you enter into a new Proposal or Email, whichever is earlier.

4.  YOUR OBLIGATIONS AND WARRANTIES

4.1. You will advise us at least [14] days or as soon as practicable before the Service Date if you have any allergies or have any acquired any infectious conditions. If a recent infection has no physical symptoms, we may require a doctor’s clearance from you before performing the Services.

 4.2. It is your responsibility to prepare yourself (and others) for our services on the day of the Service

Date. This includes:

(a) ensuring that you have a clean, makeup-free and product-free face; and

(b) ensuring that your hair is clean (washed evening prior preferred), dry, styling free, and product-free.

 4.3. You warrant that throughout the term of these Terms that:

(a) there are no legal restrictions preventing you from agreeing to these Terms;

(b) the information you provide to us is true, correct and complete;

(c) you will inform us if you have reasonable concerns relating to our provision of Services under these Terms, with the aim that we and you will use all reasonable efforts to resolve your concerns;

(d) you consent to the use of your name and Intellectual Property in relation to the Services in a way which may identify you;

(e) you will provide us with a safe, smoke-free, sanitary, and ventilated place to provide our Services;

(f) you will be financially responsible for any damage, infection or theft incurred by us or our tools and equipment during the provision of our Services to you.

5.  TERM AND TERMINATION

5.1. This agreement will begin on the Commencement Date or the Date of first payment/ confirmation of Services and continue until the End Date/ Service Date or the date on which these Terms are terminated in accordance with this clause, if earlier.

 5.2. The Parties may vary or terminate these Terms by mutual agreement, or by notice in writing, including by email. The customer may incur further fees for services.

 5.3. We may terminate these Terms immediately, at our sole discretion, if:

(a) we consider that a request for the Service is inappropriate, improper or unlawful;

(b) you fail to provide us with clear or timely instructions to enable us to provide the Services;

(c) we consider that our working relationship has broken down including a loss of confidence and trust;

(d) for any other reason outside our control which has the effect of compromising our ability to perform the work required within the required timeframe;

(e) for your failure to comply with Workplace Health and Safety guidelines;

(f) you fail to pay an Invoice within 5 Business Days of the payment date as set out in the

Invoice Terms; or

(g) if you develop any contagious infections which will result to us being unable to perform the services without endangering ourselves or contaminating our tools and equipment, we may cancel the provision of

our services without a refund.

 5.4. On termination of these Terms you agree that any Deposit/ Booking Fee or payments made are not

refundable to you, and you are to pay all Invoices/ Rates for Services rendered to you.

 5.5. If you terminate these Terms before the End Date/ Service Date, you must pay for all Services provided

prior to termination, including any Services which have been performed and have not yet been invoiced to you, and including any administration fees for works carried out.

 5.6. On completion of the Services, we will retain your Documents/ contact information as required by law or regulatory requirements. Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.

 5.7. The accrued rights, obligations and remedies of the Parties are not affected by the termination of Terms.

6.  CONSUMER LAW, LIMITATION OF LIABILITY AND DISCLAIMERS

6.1. Our Guarantee to you: We guarantee that the Services we supply to you are rendered with due care and skill, are fit for the purpose that we advertise, or that you have told us you are acquiring the Services for, or will produce a result which you have told us you wish the Services to achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. However to the extent we are able to exclude liability; our total liability for loss or damage you suffer or incur from the Services is limited to us re-supplying the Services to you.

 6.2. ACL: If you are a consumer as defined in the ACL, the following applies to you: You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have products and services remedied if they are not of acceptable quality (products), not rendered with due care and skill (services) or they are not fit for purpose and the failure does not amount to a major failure. To the extent we are able to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you.

 6.3. Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in the period set out in the Proposal or Email where it is affected by your delay in response, or supply of incomplete or incorrect information.

 6.4. Liability: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to the Services and these Terms, except those set out in these Terms, including but not limited to:

(a) implied or express guarantees, representations or conditions of any kind, which are not stated in these Terms;

(b) the Services being unavailable; and

(c) any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets,

goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with your inability to access or use the Services, and the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.

 6.5. Limitation: To the extent permitted by law our total liability arising out of or in connection with the Services, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by you to us in the twelve (12) month period prior to the event giving rise to the liability.

 6.6. We will not be liable for any allergic or other adverse reactions experienced by you if you did not notify us of your medical history and/or if you did not trial our product prior to the Event.

 6.7. This clause will survive termination of these Terms.

7.  INDEMNITY

7.1. You are liable for and agree to indemnify, defend and hold us harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:

(a) any information that is not accurate, up to date or complete or is misleading or a misrepresentation;

(b) any breach of these Terms; and

(c) any misuse of the Services from or by you.

 7.2. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.

 7.3. The obligations under this clause will survive termination of these Terms.

8.  GENERAL

8.1. Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.

 8.2. Publicity: You consent to us using advertising or publicly announcing that we have undertaken work for you, including but not limited to posting images of you on our Website and our social media pages.

 8.3. GST: If and when applicable, GST payable on the Services will be set out on our Invoices or Emails. By accepting these Terms, you agree to pay us an amount equivalent to the GST imposed on these charges.

 8.4. Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance, we may terminate our agreement with you by giving you 5 Business Days’ notice in writing.

 8.5. Jurisdiction & Applicable Law: These terms are governed by the laws of Victoria and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria.

 8.6. Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

9.  DEFINITIONS

9.1. Business Day means a day which is not a Saturday, Sunday or bank or public holiday in Victoria, Australia.

 9.2. Commencement Date is set out in the Email or date of Payment.

 9.3. Claim/Claims includes a claim, notice, demand, right, entitlement, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award, damage, loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to this Agreement or otherwise.

 9.4. Deposit/ Booking Fee is set out in the Proposal or in the Email.

 9.5. End Date is set out in the Proposal or Email and is the Service Date.

 9.6. Expenses including travel expenses is set out in the Proposal or Email.

 9.7. Fees/ Rate is set out in the Proposal or Email.

 9.8. GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)

as amended from time to time or any replacement or other relevant legislation and regulations.

 9.9. Invoice Terms is set out in the Proposal or Email.

 9.10. Payment Method is set out in the Proposal or Email.

 9.11. Services means professional hair and makeup services as set out in the Proposal or Email.

 9.12. Makeup Artist means the company or the individual providing professional hair and makeup services under these Terms.

 9.13. Service Date is the date when you receive the last Service according to the Schedule of

Services or Email.

 9.14. Event is the occasion of the Service Date.

 9.15. Trial is when the Makeup Artist provides you with professional hair and makeup services before the service date to test out one (1) certain look and the Makeup Artist’s products.

 9.16. Schedule of Services is set out in the Proposal or Email and includes the dates and times when we will provide our services to you. Unless otherwise defined herein or the context otherwise requires, capitalised terms used in these Terms will have the meanings given to them in the Proposal or Email.

CONTACT DETAILS

Business Name: The Creative Directory

Email: info@the-creativedirectory.com