Terms & Conditions

‘TMD’ refers to The Marketing Division Australia Pty Ltd.

These are the terms on which you engage us unless different or additional terms are agreed in writing between you and TMD.

Confidentiality

  • Information provided by you about your business will be held in strict confidence by TMD
  • You and TMD agree not to use any confidential information obtained for any purpose unrelated to this engagement
  • You undertake not to copy, reproduce, translate, adapt, vary or modify the media profile, report or other printed material or to communicate it to any third party without the consent of TMD
  • You agree not to make any information received from TMD available to any third party
  • You acknowledge that all intellectual property rights, including copyright relating to the media profile, report and other printed material are the sole property of TMD and you agree to keep such intellectual property confidential to the extent that they are not public knowledge
  • Any modifications or updates to the media profile, report or other printed material, whether carried out by us or by you, remain the property of TMD

Services

  • The information provided in the media profile/report is current at the time of printing and/or consultation; and TMD is not responsible for any changes to this information or any affects such changes may have on your business
  • By entering into this agreement you agree that
    • a) all the information you give to us to prepare our media profile/report and/or consultancy services are correct;
    • b) TMD can hold this information and can use it for any purpose in connection with our providing our services to you; and
    • c) TMD relies on the information provided by you and is not responsible for inaccuracies in the media profile/report or consultancy services resulting from incorrect information
  • TMD will not be responsible for any delay in providing it’s services to you beyond the Company’s explicit control
  • TMD does not warrant or make any representation relating to the services they are to provide you and; you rely solely on your own judgment in relation to engaging TMD
  • Both parties may use the others business logos and feedback provided for general marketing purposes

Fees

  • Our fees and pricing will be as per the pricing discussed with you
  • Third Party fees and pricing are subject to change and TMD will report these costs when known but will not be liable for any additional fees or charges payable by you
  • Any expenses incurred by TMD on your behalf will be itemised and included in your account including but not limited to courier fees, venue hire fees and associated costs, debt collection and recovery charges and all other office disbursements
  • Payments are to be made upon invoice, no statement will be issued
  • Payments to be made within 7 days from the date of the invoice
  • Where it is anticipated that the work will be carried out over a prolonged period of time an interim invoice will be sent to you at regular intervals. In all other circumstances our invoice will be sent at the completion of our work
  • In the instance of late payment of an invoice TMD reserves the right to charge an administration fee associated with the time and effort involved in recovering payment from you and to charge penalty interest which will be calculated at the rate of 10% per annum on any unpaid balance

These Terms and Conditions are to be interpreted under the laws of the country in which business is undertaken i.e. Australia

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