Deposit Terms & Conditions

Fallon Solutions: Deposit Terms & Conditions

1. These deposit terms and conditions (Terms) are between Fallon Solutions Pty Ltd (ACN 113 148 048) ATF Fallon Solutions Unit Trust
   (ABN 82 757 595 979), (we, us or our) and you, the person or entity stated in the Option Sheet or Quote (you or your), together the
   Parties and each a Party.
2. These Terms take effect from the time you agree to these Terms.
3. These Terms apply to any Deposit you pay to us.
4. You have requested the Services set out in the option sheet (Option Sheet) or quote (Quote) and you understand that the Services will
   be booked once we receive the deposit specified in the Option Sheet or Quote from you (Deposit).
5. If you cancel the Services at any time after paying the Deposit to us, you agree that we will retain the Deposit (or part thereof) to cover
   our genuine losses resulting from your cancellation. If we consider that the Deposit amount exceeds our actual losses, we will refund
   you the difference within a reasonable time.
6. The supply of our Services is subject to additional terms and conditions which you must agree to before the Services are supplied.
7. Amendment: These Terms may be amended by written instrument executed by the Parties.
8. Assignment: Subject to clause 15, a Party must not assign, novate or deal with the whole or any part of its rights or obligations under
   these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
9. Australian Consumer Law: Certain legislation, including the Australian Consumer Law and similar consumer protection laws and
   regulations, may confer you with rights, warranties, guarantees and remedies relating to the Services which cannot be excluded,
   restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights a law, nothing in these Terms
   excludes those Consumer Law Rights.
10. Confidential Information: Each Party must (and must ensure that its personnel) keep confidential, and not use (except to perform its
    obligations under these Terms) or permit any unauthorised use of, information provided by the other Party, including information about
    these Terms and the other Party’s business and operations. This clause does not apply where the disclosure is required by law, or the
    disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with these Terms, and
    provided that the disclosing Party ensures the adviser complies with the terms of this clause.
11. Disputes: A Party may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms
    (Dispute) without first meeting a representative of the other Party within 10 business days of notifying that other Party of the Dispute. If
    the Parties cannot resolve the Dispute at that meeting, either Party may refer the Dispute to mediation administered by the Australian
    Disputes Centre.
12. Governing Law: These Terms are governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the
    exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any
    right to object to proceedings being brought in those courts.
13. Notices: Any notice given under these Terms must be in writing addressed to relevant address last notified by the recipient to the
    Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case
    of post, or at the time of transmission in the case of transmission by email.
14. Privacy: We agree to handle any personal information you provide to us, solely for the purpose of performing our obligations under
    these Terms, and in accordance with any applicable laws in Australia.
15. Subcontracting: We may subcontract the provision of any part of the Services without your prior written consent. We agree that any
    subcontracting does not discharge us from any liability under these Terms and that we are liable for the acts and omissions of our
    subcontractor.