1                 TERMS AND ACCEPTANCE

The Quotation together with these terms and conditions set out the terms on which we will provide the Services to you. We will not commence the Services until we have received the Fee in cleared funds.

2                 DEFINITIONS AND INTERPRETATION

In these terms and conditions and in the Quotation:

2.1       “Confidential Information” means information that is by its nature confidential but does not include information already known to the receiving party at the time of disclosure by the other party or information that is generally available, but not if it is generally available as a result of a person having breached a confidentiality obligation.

2.2       “Quotation” means our quote to you to provide the Service.

2.3       “Fee” means the fees for the provision of the Services described as such in the Quotation.

2.4       “Services” means the proof reading, copy editing or technical copy editing of the Work or such other service specified in the Quotation to be provided by us to you as described in the Quotation, or as otherwise agreed in writing by the parties.

2.5       “Work” means the draft thesis or other work to be reviewed by us pursuant to these terms.

2.6       A reference to “us”, “our”, “we”, or “Aussie Thesis Help” means Aussie Thesis Help Pty Ltd ACN

2.7       A reference to “you” or “Client” is a reference to the individual or organisation to whom the Quotation is addressed.

2.8       Headings are for convenience only and do not affect the interpretation of these terms.

3                 Quotation

The Quotation expires 21 days from the date of issue unless withdrawn by reason of variation to the Work.

4                 Aussie Thesis Help OBLIGATIONS

4.1       Aussie Thesis Help must use reasonable endeavours to:

4.1.1     not disclose the Client’s Confidential Information unless the disclosure is for the purpose of providing the Services, incidental to providing the Services or  required by law;

4.1.2     perform the Services having regard to the guidelines developed by the Deans and Directors of Graduate Studies with the Council of Australian Societies of Editors entitled ‘The editing of research theses by professional editors’ or any variation to these guidelines;

4.1.3     perform the Services and return the Work within 7 days of receipt of the Fee as cleared funds or such later time as Aussie Thesis Help may by notice give to the Client taking into account delays beyond our control; and

4.1.4     give the Client notice as soon as reasonably practicable of any change in circumstances of which Aussie Thesis Help becomes aware, which will, has or is likely to affect the scope or timing of the Services, which notice shall provide all particulars of the change.

5                 CLIENT’S OBLIGATIONS

The Client must:

5.1             Submit the Work in a form reasonably requested by us;

5.2             provide Aussie Thesis Help with all assistance, data and information reasonably required to enable Aussie Thesis Help to fulfil its obligations under these terms; and

5.3             ensure that if an electronic version of the Work is provided to us, that the Work is free from all viruses, malware and any other malicious code.

6                 Client’s Acknowledgements

The Client acknowledges and agrees that Aussie Thesis Help:

6.1             is not reviewing the content of the Work;

6.2             is merely providing suggested amendments to the Work for you to consider, and that it is up to the you to assess the appropriateness and relevance of the suggestions and finalise the Work accordingly;

6.3             is not reviewing the Work for the purpose of identifying any possible infringement of a third parties intellectual property rights including plagiarism or breach of copyright;

6.4             is not reviewing the Work against any assessment or eligibility criteria used by third parties;

6.5             is not responsible for timelines and submission dates, and is not responsible for any delays which result in late submission of the Work;

6.6             is not responsible for any loss or damage, errors viruses, malware and any other malicious code within the Work or associated with the transmission of the Work; and

6.7             is not responsible for any suggested amendments made to the Work which are not marked up or not otherwise identifiable by the Client.  

7                 FEES AND OTHER CHARGES

The Quotation contains details of the Fees that are payable by you for our Services.

8                 BILLING ARRANGEMENTS

Our Fee is due and payable prior to the commencement of any Services.

9                 GST

Unless otherwise noted,

9.1       Any consideration specified as payable by one party to the other party under these terms and conditions or the Quotation expressed as a GST exclusive amount.

9.2       In addition to any consideration payable by one party to the other party under these terms, the party liable to pay the consideration must pay to the other party a sum equivalent to the GST payable, if any, by the party liable to remit GST in respect of that consideration, at the same time and in the same manner as the consideration is payable.

10               Release AND Indemnity

10.1     The Client releases Aussie Thesis Help from all claims relating to any loss (including any consequential loss) suffered by the Client as a result (whether directly or indirectly) of the provision of the Services or in any way connected with these terms or the Work.

10.2     The Client agrees to indemnify, keep indemnified and hold Aussie Thesis Help harmless in respect of all claims relating to any loss (including any consequential loss) suffered by Aussie Thesis Help or any other person as a result (whether directly or indirectly) of the provision of the Services or in any way connected with these terms, the Work or as a result of the Client’s default under these terms.

11               LIMITATION OF LIABILITY

11.1     To the maximum extent permitted by law, Aussie Thesis Help makes no warranties and excludes all liability for any loss, claim, damage or injury suffered in connection with the provision of the Services.

11.2     Where a warranty or liability cannot be excluded at law and results in there being an obligation on Aussie Thesis Help, Aussie Thesis Help liability is limited, at the option of Aussie Thesis Help, to the supply of the Services again or the payment of the cost of having the Services supplied again.

11.3     Notwithstanding any other provision of these terms, Aussie Thesis Help maximum liability to the Client as a result of the supply of the Services,  pursuant to these terms or related to the Work is limited to the Fee.

12               TERMINATION

12.1     Either you or we may terminate this terms at any time, subject to any legal requirements to the contrary. 

12.2     The terms of this agreement survive termination and you must pay us for all work done and Fees incurred up to the date of termination. If applicable, we will endeavour to provide you with a refund of any Fees not incurred upon the termination of this agreement within 21 days of the date of termination.

13               GENERAL

13.1     No rule of contract interpretation must be applied in the interpretation of these terms and conditions to the disadvantage of one party on the basis that it prepared or put forward these terms and conditions or any document comprising part of these terms and conditions.

13.2     The parties agree that the engagement of Aussie Thesis Help does not create a relationship between the parties of employer and employee, principal and agent, partnership or joint venturer.  No act or omission of either party is to bind the other party except as expressly set out in these terms and conditions.

13.3     A failure or omission to carry out or observe any term of these terms and conditions will not give rise to any claim by any party against another, or result in a breach of these terms and conditions, if the failure or omission arises by reason of delay or inability to perform caused by war, whether declared or not, civil rebellion, strike, fire, storm or other severe action of the elements or from other similar causes which are unavoidable or beyond the reasonable control of the defaulting party.

13.4     The parties agree to keep these terms and conditions confidential.

13.5     The Client must not assign these terms or any right under these terms.

13.6     The Client acknowledge and agrees that Aussie Thesis Help, may engage or sub-contract some or all of the Services to third parties.

13.7     These terms may only be amended or supplemented in writing, signed by the parties.

13.8     These terms are governed by and construed in accordance with the laws of Victoria.

13.9     The parties agree that a construction of these terms and conditions that results in all provisions being enforceable is to be preferred to any other construction.

13.10  If, despite the application of clause 13.9, a provision of these terms and conditions is illegal or unenforceable:

13.10.1           if the provision would not be illegal or unenforceable if a word or words were omitted, that word or those words are omitted; and

13.10.2           in any other case, the whole provision is omitted,

and the remainder of these terms and conditions continue in force.

13.11  A failure, delay, relaxation or indulgence on the part of any party in exercising any power or right conferred upon that party under these terms does not operate as a waiver of the power or right.  A single or partial exercise of any power or right does not preclude any other or future exercise of that, or any other, power or right under these terms.

13.12  These terms and the Quotation  are the entire agreement between the paries. No warranties, representations, guarantees or other terms or conditions of any nature not contained and recorded in this agreement have any force or effect.