Terms and Conditions Contracts

This Service Agreement (“Agreement”) is by and between MaxStandOut and you, and your heirs, assigns, agents and contractors (collectively, “Client” or “You” or “Customer”) and is made effective as of the date of execution. This Agreement sets forth the terms and conditions of Your use of MaxStandOut ´s search engine optimisation (“SEO”) service represents the entire Agreement between You and MaxStandOut concerning the subject matter hereof. By using MaxStandOut ´s SEO, PPC, Reputation or Website service, You acknowledge and agree that You have read, understood, acknowledged and agreed to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies, including, but not limited to, the Universal Terms of Service that MaxStandOut may establish from time to time.

1.The SEO Service

  1. MaxStandOut currently provides the SEO service to its customers on a monthly subscription model based on the level of support and on-going optimisation that is required. MaxStandOut shall provide You its SEO service that is aimed, but not guaranteed, to optimise pre-defined keywords and phrases, however, You agree to abide by the terms and conditions set forth herein and in each of MaxStandOut policies and procedures, as may be amended by MaxStandOut from time to time.

1.1. The SEO service is not guaranteed, but will be performed to the best of MaxStandOut  knowledge and ability;

  1. You should be satisfied once you have chosen to engage MaxStandOut to implement the SEO service by examining MaxStandOut experience and previous work that MaxStandOut has the requisite knowledge and ability to implement the SEO service for You.
  2. Your website’s ranking and or your Google my business page with a particular Search Term will rely on both the relevancy of that term on your pages, the popularity of that term on other websites and the relevance of the back-links to your website to the search term.
  3. Although Google’s results are displayed on other search engines, the work that is carried out by MaxStandOut is aimed at increasing visibility and boosting ranking on Google, BING and Yahoo!. It is not possible to give a 100% guarantee for any specific result on any search engine, nor can MaxStandOut quantify the level of increased traffic or sales, as a result of the SEO campaign.
  4. No guarantees will be given as to a Your website’s ranking as the search engines change their ranking algorithms on a regular basis and new sites and competitor sites may be being optimised and submitted continually. It is possible for Your website’s rankings to go backwards, if this were to happen, no liability will be on MaxStandOut and no refunds or discounts given.
  5. SEO deliverables are to improve Your website rankings and / or Your Google My business page on the keywords selected &/or close variations of these phrases. In some cases it may not be possible to improve rankings on certain keyword phrases and in this case MaxStandOut will select the closest relevant keyword phrases to optimise.
  6. SEO process takes at least 2-6 months to show some significant effect. During this time the client site is analysed and optimised within the timelines and resources specified in agreement. Achieving stable high rankings can take up to 6-12 months.

1.2. SEO reporting will commence 2 months after the that start date of the campaign and performed once per month unless otherwise agreed by the client

  1. Results will be based upon listings of Google only unless otherwise agreed

1.3. You agree to give MaxStandOut the following access and that should such access not be granted, MaxStandOut will not be held responsible for meeting any agreed upon targets;

  1. You grant authority to submit the website pages being promoted to search engines and directories.
  2. MaxStandOut will have the ability to optimise the structure and content of clients’ web pages and / or Google My business. Such changes generally have a minimal visual impact. MaxStandOut will work directly with You in order to maintain the original look and feel of your website.
  3. The client must provide MaxStandOut with log-on information (username and password) to gain FTP access to the website and to the Google My business page. MaxStandOut will maintain confidentiality of log-in information according to MaxStandOut  privacy policy.
  4. You must inform webmasters or anyone else who has access to the Website that MaxStandOut are performing SEO services on the site.
  5. You must allow implementation of all optimisation strategies on their website.
  6. You are responsible for ensuring that your website is always active and accessible.

1.4. Any SEO work that MaxStandOut undertakes may be detrimentally affected if You have:

  1. Employed the services of another SEO Company or any other related company to work on the website during the same period, or
  2. Employed the services of a search engine submission company during the same period, or
  3. Created any duplicate sites, duplicate content or pages, redirects or doorway pages, or
  4. Requested or exchanged links with link farms or undertaken any spamming techniques which may harm the website’s ranking with Google, or
  5. Attempted to use any other techniques, whether allowed by Google or not, to attempt to increase the SEO ranking of the site, or
  6. Any other additional SEO or SEO related activity.

1.5. MaxStandOut will not be held responsible for reaching any agreed upon targets if You have attempted to complete any of the above listed tactics (see 1.1)

  1. To that effect MaxStandOut requests that You inform MaxStandOut in writing if any of the above has been undertaken either currently or prior to the appointing of MaxStandOut . If any such work has been undertaken MaxStandOut will not be held responsible for any agreed targets or guarantees and in such circumstances and MaxStandOut reserves the right to withdraw its obligations to the client.
  2. It is agreed and understood that any activities undertaken by You (or by any third party on Your behalf) which is in relation to or similar to the Works, including without limitation any modification of the Works or the Your website or the use of or inclusion of any third party product or service which might relate to the Works shall interfere with the provision of the Works by MaxStandOut and affect the results, outcomes and positions in search engines. All such things should be discussed with MaxStandOut prior to implementation and You shall not implement the same without the prior written consent of MaxStandOut .
  3. MaxStandOut may make void any campaign and render all of the outstanding balance payable should it be discovered that You have participated in actions considered undesirable (spamming) by the search engines, such as hidden links, links to link-farms, FFA link pages, redirect or cloaking techniques, submissions the web pages of the site to the search engines, search directories or other websites without the consent of MaxStandOut , used automated website submission software or automated reciprocal link programs.

1.6. MaxStandOut cannot be held responsible for problems or additional costs arising due to any errors made by third parties, or failure to maintain a current copy of your own website.

1.7 GBP (also known as GMB) listings can get suspended for a variety of reasons. MaxStandOut assumes no responsibility, under any circumstance, if a GBP/GMB becomes suspended and is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, loss of reviews, loss or ranking, data, branding awareness, and potential & future earning. The account/s connected to the GBP/GMB could also get suspended for a variety of reasons. MaxStandOut assumes no responsibility, under any circumstance, if the account/s connected to the GBP/GMB becomes suspended and is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, loss of reviews, loss or ranking, data, branding awareness, and potential & future earning. No refund will be given in any circumstance and additional charges will incur to the client if the client wishes to engage MaxStandOut to attempt to reinstate the GBP/GMB and or the account/s connected to the GBPs/GMBs. GMB Reinstatement and account Reinstatement services are always considered extra and not part of SEO. The Client acknowledges that MaxStandOut GMB Reinstatement and account Reinstatement services are not guaranteed and the fee charged for this service is not refundable, despite the final outcome.

1b. The Reputation, Reviews and Testimonial Marketing Service

1b.1. The Reputation, Reviews and Testimonial Marketing service is not guaranteed, but will be performed to the best of MaxStandOut  knowledge and ability; We do not offer any guarantee on the duration of reviews staying live.

1b.2. MaxStandOut currently provides the Reputation Marketing service to its customers on a monthly subscription model based on the level of support that is required. The customer hires MaxStandOut for the purpose of increasing the reviews of the customer online. MaxStandOut will lend a specialised custom-built feedback app for the customer to collect reviews from his clients for a monthly fee.

1b.3. It is the solely responsibility of the customer to ask, collect and assure that all the reviews that are submitted into the feedback app are real. MaxStandOut does not take any responsibility if reviews do not come in, are not submitted or are not collected into the feedback app or if reviews are deleted. MaxStandOut is entitled to the full payment even in the remote case that reviews are not collected, until the client wishes to terminate the contract with MaxStandOut.

1b.4. The customer agrees that MaxStandOut has no control over the reviews that comes via the 5starsreputation.com software. The customer guarantees that all the reviews are from real genuine clients and that all the clients have given authorization to the customer to have their reviews posted online by MaxStandOut.

1b.5. The customer agrees that reviews will be posted online only if the reviewers authorize MaxStandOut to do so on their behalf. We do not offer any guarantee on the duration of reviews staying live.

1b.6. For MaxStandOut to be able to collect reviews and subsequentially to post reviews online on behalf of the reviewer, the reviewer must have agreed to all the terms and condition clicking the Submit button on the Feedback app form.

1b.7. By clicking the Submit button on the Feedback app form the reviewer agrees and authorise:

  1. To have the testimonial posted anywhere online
  2. Verifies that the testimonial is accurate and true
  3. Verifies that the reviewer was not paid to submit the review
  4. Verifies that the reviewer and the client have read and agree to the Terms of Service on the Feedback app form
  5. Acknowledge that the statements made in the testimonial are true and accurate and that the opinions expressed in the testimonial or review belong to the reviewer alone.
  6. Understand that submitting fake or even false reviews about products or services is illegal. MaxStandOut will never create or post Fake reviews.

1c. PPC Management Services

1c.1. MaxStandOut will provide the Client with Pay Per Click Advertising Management Services (hereinafter referred to as “PPC” and Google Ads advising) as described in this Agreement. The PPC providers platforms are, but not limited to, Google Inc, Bing (Microsoft), LinkedIn, Facebook. MaxStandOut is a separate entity from any of the PPC providers platforms and provide management of the campaigns only.

MaxStandOut will target specific keywords and/or phrases to direct traffic to the Client’s website. By entering into this agreement, you give us permission to access the client’s Google Ads account for the purposes of managing and optimizing your online business or to create a new Google Ads campaign account.

1c.2. The Client understands that there are 3 costs involved in undertaking this Google PPC search ad service.

  • Setup Fee paid to MaxStandOut in the amount confirmed in the proposal by automatic direct debit via EziDebit on your supplied credit card
  • Weekly or monthly Agency management fees paid to MaxStandOut in advance on a weekly or monthly basis in the amount confirmed in the proposal by automatic direct debit via EziDebit on your supplied credit card
  • Monthly advertising cost spent will be charged by the providers. The providers are Google Inc, Bing (Microsoft), LinkedIn or Facebook and charges are directly and automatically debited via the client’s credit card. The client is the solely responsibility for the advertising cost. The advertising might stop if the client’s credit card does not have enough fund.

The PPC services will begin when the first payment is received via direct debit from the Client for the setup fee and monthly fee. All prices listed are in Australian dollars.

1c.3. MaxStandOut’s PPC services are intended to serve two main purposes:

  1. to provide the Client with increased exposure in the paid advertising area of search engines like Google
  2. to drive targeted online traffic to the client’s website. MaxStandOut’s PPC Services will include (but not limited to):
  • Researching keywords and phrases to select appropriate, relevant search terms.
  • Writing of advert copy.
  • Analysis and recommendations on optimal targeting including interests and demographics.
  • Review and refinement of the campaign on an ongoing basis to improve click through rate and optimize the PPC investment.
  • Create traffic and ranking reports for the Client’s website and any associated pages showing PPC results in Google.

1c.4. For the purposes of receiving professional PPC management services and all SEO services, the Client agrees to provide the following:

  • Administrative/backend access to the website for analysis of content and structure.
  • Permission to make changes for the purpose of optimisation, and to communicate directly with any third parties, e.g., your web designer, if necessary.
  • Unlimited access to existing website traffic statistics for analysis and tracking purposes.
  • An email address for the purposes of retaining contact and reporting results.
  • Authorization to use client pictures, logos, trademarks, web site images, pamphlets, content, etc., for any use as deemed necessary by BDM Media for PPC advertising purposes.

1c.5. MaxStandOut endeavors to set up your PPC campaign as quickly as possible, however in some instances the campaign can take 7-10 days. The timeframes we prescribe are reliant upon your full cooperation for the supply of final materials and information. MaxStandOut takes no responsibility for Client’s inaction or by not approving ad copy, ad design, keywords or budgets for their PPC campaign.

1c.6. Approval of PPC Campaign works – On completion of the initial setup of the Client’s PPC campaign, the Client will be notified in writing and will have the opportunity to review the PPC campaign details by logging to the Google Ads, if the client’s has one, or by notifying in writing MaxStandOut a copy of all the ads created. The Client can notify MaxStandOut in writing of any unsatisfactory information within 7 days of the notification. Any information not deemed to be unsatisfactory within the 7 days review period will be deemed to be approved.

1c.7. Client agrees to the following with respect to PPC services:

  • The Client acknowledges that MaxStandOut makes no guarantee that PPC will provide any increase in sales, business activity, profits or any other type of improvement to the Client’s business.
  • MaxStandOut will not be held liable to the Client for any damages, including without limitation any direct, indirect, special, punitive, incidental, or consequential damage (including but not limited to damages for loss of business profits, business interruption, loss of information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages arising from the negligence of MaxStandOut or otherwise.
  • Where liability cannot be legally excluded, the liability of MaxStandOut is limited to the cost or re-supplying the management service again.
  • The Client agrees to indemnify MaxStandOut for any third party claim for damages arising out of or in any way connected with the supply of services by MaxStandOut to the Client, including without limitation any direct, indirect, special, punitive, incidental, or consequential damage (including but not limited to damages for loss of business profits, business interruption, loss of information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages arising from the negligence of MaxStandOut or otherwise.
  • The Client agrees to indemnify and hold harmless MaxStandOut, its affiliates, subsidiaries, agents, officers and other partners and its respective employees from and against all damages, liabilities, actions, causes of action, claims, suits, losses, demands, costs and expenses (including without limitation reasonable legal fees, disbursements and court costs) arising from or in connection with the Client’s information, the Client’s use of MaxStandOut’s PPC management services.
  • All fees, services, documents, recommendations, and reports are confidential.
  • MaxStandOut reserves the right to subcontract any services that are agreed to perform your PPC services.
  • The Client agrees that the Customer’s personal data may be used and retained by MaxStandOut for the purposes of:
    • Delivery of Goods and Services.
    • Marketing of Goods and Services.
    • Processing of payment instructions.
  • MaxStandOut has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The Client’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.
  1. Intellectual Property

Except as expressly stated elsewhere in this Agreement, this Agreement does not grant You any rights in the SEO service and all rights are reserved by MaxStandOut . You acknowledge and agree that the SEO service and procedure, the names and logos of MaxStandOut and all related product and service names, are the sole and exclusive property of MaxStandOut and its affiliates.

  1. Fees and Payment

3.1. Fees will be billed in advance on a Monthly cycle in your selected currency (Australian dollar) for Services. The Fees are based on the volume package you select and any excess fees from the previous billing cycle. The client is responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by MaxStandOut . The Fee Schedule, for all subscriptions, set up fee and excess/extra fees, is subject to change at any time at MaxStandOut  discretion without prior notice due to currency fluctuation, fuel prices and/or unforeseen economic circumstances. In many cases, existing subscribers will be able to retain current pricing for 12 months, but that is also at MaxStandOut sole discretion and the fees could change without notice required.

3.2. Where Search Engines require subscriptions in order to be registered these costs are the responsibility of the client unless otherwise stated in writing in the agreement or as published as part of the campaign that has been purchased. Where registration fees are required MaxStandOut will register the clients URL with the directories used by the major search engines. The client will be responsible for these fees unless stated in writing in the agreement or as published as part of the campaign that has been purchased.

  1. Responsibilities and Restrictions

4.1. This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services (“Software”); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
Unless you are expressly authorised by MaxStandOut , you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Services or the Software. Violation of these restrictions may result in the termination of this Agreement.

4.2. You acknowledge and agree that the Services and the MaxStandOut company names and logos and all related product and service names, design marks and slogans, are the property of MaxStandOut or its affiliates or suppliers (collectively, the “Marks”). You are not authorised to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of MaxStandOut . Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks.

4.3. The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates Australian federal, state or other laws that may apply in this jurisdiction or your local area is prohibited.

4.4. In using the varied features of the Services, you may provide information (such as name, address, contact information, and other registration information) to MaxStandOut . MaxStandOut may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you. MaxStandOut will not provide information to companies you have not authorised for that purpose unless required by law or if you are terminated from MaxStandOut due to unsolicited commercial emails being sent from your account.

4.5. You agree to complete and return an SEO Proposal Form which will include details of your competition, your selection of keywords, for analysis and subsequent final approval and your FTP details within 2 weeks of signing the agreement. In the event that this is not provided MaxStandOut reserves the right to start the service based on the information available on the website and on the Google my Business as is.

  1. Termination

5.1. Unless otherwise specified elsewhere, You may terminate this Agreement at any time by providing 30 days notice in writing, however the minimum period this agreement can run is 12 months. There are no refunds for any fees paid and You are responsible to pay the total amount of fees due over the minimum 12 month period. The minimum cost of this agreement is the stated Setup Fee plus 12 X Monthly Fees . Termination will only be effective 30 days after receipt of your cancellation. If the monthly anniversary falls within the 30 day notice period, the next monthly fee will be due in full, as the agreement can only cease at midnight the day before the monthly anniversary. Unless advised in writing this agreement, the Service and the fees will continue indefinitely.

5.2. If the Client chooses to cancel their PPC agreement with MaxStandOut, the Google Adwords Pay Per Click fees are not automatically stopped. MaxStandOut holds no liability for any charges that Google Inc, Bing (Microsoft), LinkedIn or Facebook charges after the cancellation of your PPC service.

If the Client wishes to stop the pay per click advertising with the providers at the same time that the Client cancels their contract with MaxStandOut, they should notify us in writing. MaxStandOut can stop the PPC campaign on the Client’s behalf or the Client may choose to directly access their Google Adwords Account to organize cancellation.

5.3. MaxStandOut may terminate this Agreement or the Services, or disable your account, in each case at any time with or without cause, and with or without notice. MaxStandOut shall have no liability to you or any third party because of such termination or action.

  1. Warranty Disclaimer; Remedies

Use of the services and any reliance by you upon the services, including any action taken by you because of such use or reliance, is at your sole risk. maxstandout does not warrant that the services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the services. the services are provided “as is” and maxstandout disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement.

Your exclusive and sole remedy for any failure or non-performance of the Services shall be for MaxStandOut to use commercially reasonable efforts to adjust or repair the Services.

  1. Limitation of Liability

To the maximum extent permitted by law, under no circumstances and under no legal theory, tort, contract, or otherwise, shall maxstandout or any of its underlying service providers, business partners, information providers, licensors, officers, directors, account providers, employees, distributors or agents (collectively referred to for purposes of this section as “maxstandout ”) be liable to you or any other person for any money damages, whether direct, indirect, special, incidental, cover, reliance or consequential damages, even if maxstandout shall have been informed of the possibility of such damages, or for any claim by any other party. In the event that notwithstanding the foregoing, maxstandout is found liable to you for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), the liability of maxstandout to you will be limited to the amount you paid for the services for 1 month only. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you. Maxstandout.com has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. Maxstandout seo only duty is to maintain rankings for 1 keywords at the top of google for 1 suburb ( the suburb is always only the suburb where the business is physically located) this keyword contain the business name of the business as part of it. Occasionally, search engines will drop listings for no apparent or predictable reason. Often listings will reappear without any additional submissions. Maxstandout will not be held responsible for any impact on the client’s business that might occur as a result of exclusion from any directory or dropping off in listings on any search engine. Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms and other competitive factors, maxstandout does not guarantee ranking positions for any particular keyword, phrase or search term. Search engines vary in their timing taken to list submissions. Some search engines and directories may take from 24h to as long as 2 to 4 months and in some cases even longer to show the ranking or the keyword. Keywords or phrases suggested by the client, must be related to the website textual content. Google has been known to hinder the rankings of new websites (or pages) until they have proven their viability to exist for more than “2” amount of time. This is referred to as the “google sandbox.” Maxstandout assumes no liability for ranking/traffic/indexing issues related to google sandbox penalties. No refund will be given in any circumstance. Linking to “bad neighborhoods” or getting links from “link farms” can seriously damage all seo efforts. Maxstandout does not assume liability for any damage of any links or backlinks pointing to the client website.

  1. Miscellaneous

8.1. MaxStandOut and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

8.2. If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

8.3. No partnership, agency, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind MaxStandOut in any respect whatsoever.

8.4. In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and solicitors fees.

8.5. It is the intention of the parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the state of WA (in Australia), without regard to the jurisdiction in which any action or special proceeding may be instituted.

8.6. You accept that if you do not provide MaxStandOut with the FTP or CMS login details of your website and /or Google My business login details the performance of the service will be adversely affected as this forms an integral part of the success of the service.

8.7. The obligations and liabilities of MaxStandOut in regards to the provisions of this agreement shall be suspended if any event occurs that is beyond the control of MaxStandOut and affects the ability of MaxStandOut to perform its obligations and or any failure to carry out services for reasons beyond its control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Google algorithm changes and or update, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.

8.8. MaxStandOut is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided and for any absence of service as a result of illness or holiday and search engine updates.

8.9. We may, at any time, and at our sole discretion, modify these Terms and Conditions of Use, including our Privacy Policy, with or without notice to the Customer using MaxStandOut services. Any such modification will be effective immediately upon public posting. The terms and conditions outlined in this online agreement shall hold precedence over any prior agreements executed on paper with the client. It is imperative to note that the online terms and conditions undergo regular updates, thereby superseding any previously established contractual arrangements with the client. The Client continued use of our Service following any such modification constitutes as acceptance of these modified Terms. It is the responsibility of the “Client” or “You” to periodically check the terms and conditions of this Agreement. The changes will become effective and will be considered accepted by the “Client” or “You” immediately for those who become “Client” or “You” after the modification, or for those who are already “Client” or “You”. The changes will become effective when the “Client” or “You” accepts the modified Contract (subject to the changes required by law which will be immediately effective) or 7 days after the publication of the change if the “Client” or “You” continues to use the services of MaxStandOut automatically.

8.10. Any variations from the original scope of this quote and specifications document will be charged to the client. “Variations” are considered to be modifications or additions that are supplied after the sign off from the client. Changes to content, that have previously been accepted as correct by the client, will be charged additionally.

  1. Debtor Policy

9.1. Default & Consequences Of Default

  1. Interest on overdue accounts shall accrue from the date when payment becomes due daily until the date of payment at a rate of 11% per calendar month and shall accrue at such a rate after as well as before any judgement.
  2. If You default in payment of any invoice when due, the You will indemnify MaxStandOut from and against all of MaxStandOut  costs and disbursements including on a solicitor and own client basis and in addition all costs of collection.
  3. Without prejudice to any other remedies MaxStandOut may have, if at any time You are in breach of any obligation (including those relating to payment), MaxStandOut may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. MaxStandOut will not be liable to You for any loss or damage You suffer because the MaxStandOut exercised its rights under this clause.
  4. If any account remains unpaid by the next monthly anniversary after supply of the goods or services the following shall apply: An immediate amount of $50.00 shall be levied for administration fees which sum shall become immediately due and payable.
  5. In the event that:
    1. any money payable to MaxStandOut becomes overdue, or in MaxStandOut  opinion You will be unable to meet payments as they fall due; or
    2. You become insolvent, convene a meeting with your creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
    3. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of You or any asset of You; then MaxStandOut shall be entitled to cancel all or any part of any order from You which remains unperformed in addition to and without prejudice to any other remedies; and
    4. all amounts owing to MaxStandOut shall, whether or not due under these terms and conditions, and MaxStandOut may take any lawful steps to require payment of the amounts due and the total minimum amount due under this agreement.
    5. MaxStandOut can issue proceedings to recover the minimum amount due under this agreement notwithstanding that ownership of the Goods may not have passed to You.

To view our Privacy Policy, click Here

These Terms & Conditions shall be governed by the laws in force in the State of Western Australia, MaxStandOut and the client hereto submit to the exclusive jurisdiction of the Courts of that State. For more terms and conditions, please contact MaxStandOut.

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