WSA SERVICES
TERMS AND CONDITIONS (EFFECTIVE FROM JULY 1ST 2018)
1. Definitions
1.1. “WSA” means Writing Solutions Australia ABN 82 767 713 906, its successors and assigns or any person acting on behalf of and with the authority of Writing Solutions Australia.
1.2. “Client” means the entity/person/s requesting WSA to provide the Services as specified in any invoice, document or order, and if there is more than one entity/person requesting the Services is a reference to each entity/person jointly and severally.
1.3. “Incidental Items” means any goods, documents, designs, drawings or materials supplied, consumed, created or deposited incidentally by WSA in the course of it conducting, or supplying to the Client, any Services.
1.4. "Price” means the price payable for the Services as agreed between WSA and the Client in accordance with clause 3 of these Terms and Conditions.
1.5. “Quotation” means the quotation whether written or verbal supplied by WSA to the Client for Services agreed to between the Client and WSA. The Quotation forms the binding contract between the Client and WSA and is subject to these Terms and Conditions including any additional Terms and Conditions of the Quotation.
1.6. “Services” means all Services supplied by WSA to the Client at the Client’s request from time to time.
2 Acceptance
2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these Terms and Conditions if the Client confirms acceptance through a discussion including but not limited to a telephone discussion; by mail or electronic communications; places an order for, or in any manner accepts Services provided by WSA.
2.2 In the event where any application that is Client's objective to submit, the Client must exclusively satisfy themselves of their eligibility, capacity and any other Terms and cConditions applicable (by any other Party) to the development and submission of the application.
2.3 These Terms and Conditions may only be amended with WSA’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and WSA.
2.4 Where WSA gives advice, recommendations, information, assistance or service to the Client or the Clients agent, regarding the Goods or Services then it is given in good faith and WSA shall not be liable in any way whatsoever for any damages, losses or costs however arising resulting from the Client relying on the same.
3 Price and Payment
3.1 At WSA’s sole discretion the Price shall be either:
(a) as indicated on any invoice provided by WSA to the Client; and/or
(b) If a quotation is provided by WSA (written or verbal), WSA’s quoted price (subject to clause 4.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
3.2 WSA reserves the right to change the Price if a variation to WSA’s quotation is requested. Any variation from the scope of agreed Services (including, but not limited to, any variation due to unforeseen circumstances), will be charged for on the basis of WSA’s quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.
3.3 At WSA’s sole discretion a deposit may be required or payment in full in advance may be a condition of provision of Services.
3.4 Time for payment for the Services being of the essence, the Price will be payable by the Client on the date/s determined by WSA, which may be:
(a) on delivery of the Services or prior to the delivery of Services;
(b) thirty (30) days following the end of the month in which a statement is posted to the Client’s address or address for notices;
(c) the date or trading terms specified on any invoice or other form as being the date for payment; or
(d) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by WSA.
3.5 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, or by any other method as agreed to between the Client and WSA.
3.6 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to WSA an amount equal to any GST
3.7 The Client must pay for any supply by WSA under this or any other agreement for providing WSA’s Services. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
4 Security and Charge
4.1 In consideration of WSA agreeing to supply Services, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these Terms and Conditions (including, but not limited to, the payment of any money).
4.2 The Client indemnifies WSA from and against all WSA’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising WSA’s rights under this clause.
5 Defects, Warranties and the Competition and Consumer Act 2010 (CCA)
5.1 The Client must inspect WSA’s Services on completion of the Services and must within seven (7) days notify WSA in writing of any evident defect in the Services provided (including WSA’s workmanship) or of any other failure by WSA to comply with the description of, or quote for, the Services which WSA was to supply. The Client must notify any other alleged defect in WSA’s Services as soon as is reasonably possible after any such defect becomes evident. Upon such notification the Client must allow WSA to review the Services that were provided.
5.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
5.3 WSA acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
5.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, WSA makes no warranties or other representations under these Terms and Conditions including, but not limited to, the quality or suitability of the Services. WSA’s liability in respect of these warranties is limited to the fullest extent permitted by law.
5.5 If the Client is a consumer within the meaning of the CCA, WSA’s liability is limited to the extent permitted by section 64A of Schedule 2 of the Act.
5.6 If WSA is required to rectify, re-supply, or pay the cost of re-supplying the Services under this clause or the CCA, but is unable to do so, then WSA may refund any money the Client has paid for the Services but only to the extent that such refund shall take into account the value of Services which have been provided to the Client which were not defective.
5.7 If the Client is not a consumer within the meaning of the CCA, WSA’s liability for any defective Services or Incidental Items is:
(a) limited to the value of any express warranty or warranty card provided to the Client by WSA at WSA’s sole discretion;
(b) otherwise negated absolutely.
5.8 Notwithstanding clauses 5.1 to 5.7 but subject to the CCA, WSA shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Client failing to properly maintain or store any Incidental Items;
(b) the Client using the Incidental Items for any purpose other than that for which they were designed;
(c) the Client continuing to use any Incidental Item after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) interference with the Services by the Client or any third party without WSA’s prior approval;
(e) the Client failing to follow any instructions or guidelines provided by WSA;
(f) fair wear and tear, any accident, or act of God.
6 Default and Consequences of Default
6.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of thirteen percent (13.0%) per annum (and at WSA’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
6.2 If the Client owes WSA any money the Client shall indemnify WSA from and against all costs and disbursements incurred by WSA in recovering the debt (including but not limited to internal administration fees, legal costs on a lawyer and own client basis, WSA’s collection agency costs, and bank dishonour fees). WSA will refer debt collection to Prushka Fast Debt Recovery Pty Ltd.
6.3 In the event where WSA or WSA's agency refers the overdue account to a lawyer the Client shall also pay as a liquidated debt the charges reasonably made or claimed by the lawyer on the indemnity basis.
6.4 Without prejudice to any other remedies WSA may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these Terms and Conditions WSA may suspend or terminate the supply of Services to the Client. WSA will not be liable to the Client for any loss or damage the Client suffers because WSA has exercised its rights under this clause.
6.5 Without prejudice to WSA’s other remedies at law WSA shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to WSA shall, whether or not due for payment, become immediately payable if:
(a) any money payable to WSA becomes overdue, or in WSA’s opinion the Client will be unable to make a payment when it falls due;
(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
7 Compliance with Laws
7.1 The Client and WSA shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the services.
7.2 The Client shall obtain (at the expense of the Client) all licenses and approvals that may be required for the services and any consequential works.
8 Cancellation
8.1 WSA may cancel any contract to which these terms and conditions apply or cancel delivery of Services at any time before the Services are commenced by giving written notice to the Client. On giving such notice WSA shall repay to the Client any money paid by the Client for the Services. WSA shall not be liable for any loss or damage whatsoever arising from such cancellation.
8.2 In the event that the Client wishes to cancel delivery of the Services, then the Client must provide WSA with notification in writing no less than four (4) hours notice prior to the start of the scheduled Service (cleared payment of Engagement Invoice), however in the event the Service is scheduled to start in the morning then notice must be received by WSA by close of business on the previous day (5pm AEST), and WSA then reserves the right to charge a cancellation fee equal to a minimum of eight (8) hours Service charges (determined by WSA at its Commercial Hour rates applicable at the time) and the Client shall be liable for any and all loss incurred (whether direct or indirect) by WSA as a direct result of the cancellation (including, but not limited to, any loss of profits).
9 Privacy Act 1988
9.1 The Client agrees for WSA to obtain from a credit reporting agency a credit report containing personal credit information about the Client in relation to credit provided by WSA.
9.2 The Client agrees that WSA may exchange information about the Client with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Client.
9.3 The Client understands that the information exchanged can include anything about the Client’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
9.4 The Client consents to WSA being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
9.5 The Client agrees that personal credit information provided may be used and retained by WSA for the following purposes (and for other purposes as shall be agreed between the Client and WSA or required by law from time to time):
(a) the provision of Services; and/or
(b) the marketing of Services by WSA, its agents or distributors; and/or
(c) analysing, verifying and/or checking the Client’s credit, payment and/or
status in relation to the provision of Services; and/or
(d) processing of any payment instructions, direct debit facilities and/or
credit facilities requested by the Client; and/or
(e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Services.
WSA may give information about the Client to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Client;
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
9.6 The information given to the credit reporting agency may include:
(a) personal particulars (the Client’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number);
(b) details concerning the Client’s application for credit or commercial credit and the amount requested;
(c) advice that WSA is a current credit provider to the Client;
(d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
(e) that the Client’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
(f) information that, in the opinion of WSA, the Client has committed a serious credit Infringement (that is, fraudulently or shown an intention not to comply with the Client’s credit obligations);
(g) advice that cheques drawn by the Client for one hundred dollars ($100) or more, have been dishonoured more than once;
(h) that credit provided to the Client by WSA has been paid or otherwise discharged.
10 General
10.1 The failure by WSA to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect WSA’s right to subsequently enforce that provision. If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
10.2 These Terms and Conditions and any contract to which they apply shall be governed by the laws of the state in which WSA has its principal place of business, and are subject to the jurisdiction of the courts in that state.
10.3 Subject to clause 12 WSA shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by WSA of these Terms and Conditions (alternatively WSA’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Services).
10.4 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by WSA nor to withhold payment of any invoice because part of that invoice is in dispute.
10.5 WSA may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
10.6 The Client agrees that WSA may amend these Terms and Conditions at any time. If WSA makes a change to these Terms and Conditions, then that change will take effect from the date on which WSA notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for WSA to provide Services to the Client or continues to accept Services from WSA.
10.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
10.8 The Client warrants that it has the power to enter into an agreement with WSA and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that the agreement creates binding and valid contract.
TERMS AND CONDITIONS (EFFECTIVE FROM JULY 1ST 2018)
1. Definitions
1.1. “WSA” means Writing Solutions Australia ABN 82 767 713 906, its successors and assigns or any person acting on behalf of and with the authority of Writing Solutions Australia.
1.2. “Client” means the entity/person/s requesting WSA to provide the Services as specified in any invoice, document or order, and if there is more than one entity/person requesting the Services is a reference to each entity/person jointly and severally.
1.3. “Incidental Items” means any goods, documents, designs, drawings or materials supplied, consumed, created or deposited incidentally by WSA in the course of it conducting, or supplying to the Client, any Services.
1.4. "Price” means the price payable for the Services as agreed between WSA and the Client in accordance with clause 3 of these Terms and Conditions.
1.5. “Quotation” means the quotation whether written or verbal supplied by WSA to the Client for Services agreed to between the Client and WSA. The Quotation forms the binding contract between the Client and WSA and is subject to these Terms and Conditions including any additional Terms and Conditions of the Quotation.
1.6. “Services” means all Services supplied by WSA to the Client at the Client’s request from time to time.
2 Acceptance
2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these Terms and Conditions if the Client confirms acceptance through a discussion including but not limited to a telephone discussion; by mail or electronic communications; places an order for, or in any manner accepts Services provided by WSA.
2.2 In the event where any application that is Client's objective to submit, the Client must exclusively satisfy themselves of their eligibility, capacity and any other Terms and cConditions applicable (by any other Party) to the development and submission of the application.
2.3 These Terms and Conditions may only be amended with WSA’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and WSA.
2.4 Where WSA gives advice, recommendations, information, assistance or service to the Client or the Clients agent, regarding the Goods or Services then it is given in good faith and WSA shall not be liable in any way whatsoever for any damages, losses or costs however arising resulting from the Client relying on the same.
3 Price and Payment
3.1 At WSA’s sole discretion the Price shall be either:
(a) as indicated on any invoice provided by WSA to the Client; and/or
(b) If a quotation is provided by WSA (written or verbal), WSA’s quoted price (subject to clause 4.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
3.2 WSA reserves the right to change the Price if a variation to WSA’s quotation is requested. Any variation from the scope of agreed Services (including, but not limited to, any variation due to unforeseen circumstances), will be charged for on the basis of WSA’s quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.
3.3 At WSA’s sole discretion a deposit may be required or payment in full in advance may be a condition of provision of Services.
3.4 Time for payment for the Services being of the essence, the Price will be payable by the Client on the date/s determined by WSA, which may be:
(a) on delivery of the Services or prior to the delivery of Services;
(b) thirty (30) days following the end of the month in which a statement is posted to the Client’s address or address for notices;
(c) the date or trading terms specified on any invoice or other form as being the date for payment; or
(d) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by WSA.
3.5 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, or by any other method as agreed to between the Client and WSA.
3.6 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to WSA an amount equal to any GST
3.7 The Client must pay for any supply by WSA under this or any other agreement for providing WSA’s Services. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
4 Security and Charge
4.1 In consideration of WSA agreeing to supply Services, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these Terms and Conditions (including, but not limited to, the payment of any money).
4.2 The Client indemnifies WSA from and against all WSA’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising WSA’s rights under this clause.
5 Defects, Warranties and the Competition and Consumer Act 2010 (CCA)
5.1 The Client must inspect WSA’s Services on completion of the Services and must within seven (7) days notify WSA in writing of any evident defect in the Services provided (including WSA’s workmanship) or of any other failure by WSA to comply with the description of, or quote for, the Services which WSA was to supply. The Client must notify any other alleged defect in WSA’s Services as soon as is reasonably possible after any such defect becomes evident. Upon such notification the Client must allow WSA to review the Services that were provided.
5.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
5.3 WSA acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
5.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, WSA makes no warranties or other representations under these Terms and Conditions including, but not limited to, the quality or suitability of the Services. WSA’s liability in respect of these warranties is limited to the fullest extent permitted by law.
5.5 If the Client is a consumer within the meaning of the CCA, WSA’s liability is limited to the extent permitted by section 64A of Schedule 2 of the Act.
5.6 If WSA is required to rectify, re-supply, or pay the cost of re-supplying the Services under this clause or the CCA, but is unable to do so, then WSA may refund any money the Client has paid for the Services but only to the extent that such refund shall take into account the value of Services which have been provided to the Client which were not defective.
5.7 If the Client is not a consumer within the meaning of the CCA, WSA’s liability for any defective Services or Incidental Items is:
(a) limited to the value of any express warranty or warranty card provided to the Client by WSA at WSA’s sole discretion;
(b) otherwise negated absolutely.
5.8 Notwithstanding clauses 5.1 to 5.7 but subject to the CCA, WSA shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Client failing to properly maintain or store any Incidental Items;
(b) the Client using the Incidental Items for any purpose other than that for which they were designed;
(c) the Client continuing to use any Incidental Item after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) interference with the Services by the Client or any third party without WSA’s prior approval;
(e) the Client failing to follow any instructions or guidelines provided by WSA;
(f) fair wear and tear, any accident, or act of God.
6 Default and Consequences of Default
6.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of thirteen percent (13.0%) per annum (and at WSA’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
6.2 If the Client owes WSA any money the Client shall indemnify WSA from and against all costs and disbursements incurred by WSA in recovering the debt (including but not limited to internal administration fees, legal costs on a lawyer and own client basis, WSA’s collection agency costs, and bank dishonour fees). WSA will refer debt collection to Prushka Fast Debt Recovery Pty Ltd.
6.3 In the event where WSA or WSA's agency refers the overdue account to a lawyer the Client shall also pay as a liquidated debt the charges reasonably made or claimed by the lawyer on the indemnity basis.
6.4 Without prejudice to any other remedies WSA may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these Terms and Conditions WSA may suspend or terminate the supply of Services to the Client. WSA will not be liable to the Client for any loss or damage the Client suffers because WSA has exercised its rights under this clause.
6.5 Without prejudice to WSA’s other remedies at law WSA shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to WSA shall, whether or not due for payment, become immediately payable if:
(a) any money payable to WSA becomes overdue, or in WSA’s opinion the Client will be unable to make a payment when it falls due;
(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
7 Compliance with Laws
7.1 The Client and WSA shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the services.
7.2 The Client shall obtain (at the expense of the Client) all licenses and approvals that may be required for the services and any consequential works.
8 Cancellation
8.1 WSA may cancel any contract to which these terms and conditions apply or cancel delivery of Services at any time before the Services are commenced by giving written notice to the Client. On giving such notice WSA shall repay to the Client any money paid by the Client for the Services. WSA shall not be liable for any loss or damage whatsoever arising from such cancellation.
8.2 In the event that the Client wishes to cancel delivery of the Services, then the Client must provide WSA with notification in writing no less than four (4) hours notice prior to the start of the scheduled Service (cleared payment of Engagement Invoice), however in the event the Service is scheduled to start in the morning then notice must be received by WSA by close of business on the previous day (5pm AEST), and WSA then reserves the right to charge a cancellation fee equal to a minimum of eight (8) hours Service charges (determined by WSA at its Commercial Hour rates applicable at the time) and the Client shall be liable for any and all loss incurred (whether direct or indirect) by WSA as a direct result of the cancellation (including, but not limited to, any loss of profits).
9 Privacy Act 1988
9.1 The Client agrees for WSA to obtain from a credit reporting agency a credit report containing personal credit information about the Client in relation to credit provided by WSA.
9.2 The Client agrees that WSA may exchange information about the Client with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Client.
9.3 The Client understands that the information exchanged can include anything about the Client’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
9.4 The Client consents to WSA being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
9.5 The Client agrees that personal credit information provided may be used and retained by WSA for the following purposes (and for other purposes as shall be agreed between the Client and WSA or required by law from time to time):
(a) the provision of Services; and/or
(b) the marketing of Services by WSA, its agents or distributors; and/or
(c) analysing, verifying and/or checking the Client’s credit, payment and/or
status in relation to the provision of Services; and/or
(d) processing of any payment instructions, direct debit facilities and/or
credit facilities requested by the Client; and/or
(e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Services.
WSA may give information about the Client to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Client;
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
9.6 The information given to the credit reporting agency may include:
(a) personal particulars (the Client’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number);
(b) details concerning the Client’s application for credit or commercial credit and the amount requested;
(c) advice that WSA is a current credit provider to the Client;
(d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
(e) that the Client’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
(f) information that, in the opinion of WSA, the Client has committed a serious credit Infringement (that is, fraudulently or shown an intention not to comply with the Client’s credit obligations);
(g) advice that cheques drawn by the Client for one hundred dollars ($100) or more, have been dishonoured more than once;
(h) that credit provided to the Client by WSA has been paid or otherwise discharged.
10 General
10.1 The failure by WSA to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect WSA’s right to subsequently enforce that provision. If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
10.2 These Terms and Conditions and any contract to which they apply shall be governed by the laws of the state in which WSA has its principal place of business, and are subject to the jurisdiction of the courts in that state.
10.3 Subject to clause 12 WSA shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by WSA of these Terms and Conditions (alternatively WSA’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Services).
10.4 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by WSA nor to withhold payment of any invoice because part of that invoice is in dispute.
10.5 WSA may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
10.6 The Client agrees that WSA may amend these Terms and Conditions at any time. If WSA makes a change to these Terms and Conditions, then that change will take effect from the date on which WSA notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for WSA to provide Services to the Client or continues to accept Services from WSA.
10.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
10.8 The Client warrants that it has the power to enter into an agreement with WSA and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that the agreement creates binding and valid contract.