Terms & Conditions

Terms & Conditions - Property Staging

Property Staging Terms & Conditions

Defined terms in this Agreement are set out in clause 13.

1. Staging Services

1.1. The Customer engages Property Staging Gold Coast to provide the Staging Services, and agrees to pay the Fees, as set out in the Proposal.

1.2. The terms of this Agreement become effective upon acceptance of the Proposal by the Customer and form a contract between Property Staging Gold Coast and the Customer.

1.3. The Customer acknowledges and agrees that while the Staging Services are provided on a consultative basis, Property Staging Gold Coast retains creative discretion over the final selection, styling, and arrangement of all Staging Items.

1.4. Once the Staging Items have been delivered, styled, and arranged to the professional satisfaction of Property Staging Gold Coast, additional Fees may apply (and may be payable in advance) if the Customer requests Property Staging Gold Coast to change or re-style any Staging Items during the Staging Term.

1.5. The Customer must only use the Staging Items for their intended purpose (for example, indoor furniture must not be used outdoors) and in accordance with the reasonable directions of Property Staging Gold Coast.

1.6. The Customer agrees not to remove or allow any other person to remove the Staging Items from the Premises without the written consent of Property Staging Gold Coast.

1.7. For any Staging Items provided to the Customer that are soiled, damaged, destroyed, or lost during the Staging Term (by no fault of Property Staging Gold Coast), the Customer agrees to pay Property Staging Gold Coast the full cost to clean, repair, or replace such Staging Items, including reasonable transportation and handling costs.

2. Delivery

2.1. Property Staging Gold Coast and the Customer shall agree on the Delivery Date of the Staging Items.

2.2. The Delivery Date may only be rescheduled subject to Property Staging Gold Coast's approval, and dependent on Property Staging Gold Coast's availability to provide the Staging Services on the rescheduled Delivery Date.

2.3. The Customer acknowledges that rescheduling the Delivery Date may result in the Customer incurring additional Fees, which Property Staging Gold Coast may charge at its discretion. Any additional Fees incurred must be paid prior to the new Delivery Date. If payment is not received in such circumstances, Property Staging Gold Coast may deduct the additional Fee from the Deposit.

2.4. Property Staging Gold Coast and its contractors may refuse to perform the Staging Services if they determine that the Premises is unsafe, unhygienic, or not fit for housing the Staging Items (for example, Staging Items being exposed to the elements). Property Staging Gold Coast shall give the Customer written notice of what is required to perform the Staging Services.

2.5. When presented with the written notice as per clause 2.4 above, the Customer must notify Property Staging Gold Coast within 5 Business Days of their election to:

(a) Pay any additional Fees to complete the Delivery; or

(b) Cancel this Agreement and forfeit the Deposit.

3. Access to Premises

3.1. The Customer must ensure that Property Staging Gold Coast and its contractors have access to the Premises at all reasonable times throughout the duration of the Staging Term to allow Property Staging Gold Coast to:

(a) Perform the Staging Services;

(b) Inspect the Staging Items; and

(c) Remove the Staging Items.

3.2. The Customer warrants that they are the legal owners of the Premises. If this is not the case, then the Customer is responsible for obtaining the necessary consents to provide Property Staging Gold Coast and its contractors access to the Premises to enable Property Staging Gold Coast to lawfully provide the Staging Services.

4. Removal of Staging Items

4.1. The Customer agrees to notify Property Staging Gold Coast no less than 5 Business Days prior to the end of the Staging Term of their intention to either extend the Staging Term or arrange for the removal of Staging Items from the Premises. If no notice is provided, the Customer authorises Property Staging Gold Coast to attend the Premises and remove the Staging Items after the end of the Staging Term.

4.2. The Customer may request early removal of the Staging Items (for example, if the Premises is sold) by giving Property Staging Gold Coast no less than 5 Business Days' written notice. For clarity, no additional Fees apply for early Removal during the Staging Term.

5. Extensions

5.1. If the Customer requires an extension of the Staging Term, they must provide an Extension Request to Property Staging Gold Coast no less than 5 Business Days prior to the end of the Staging Term. In such circumstances, Property Staging Gold Coast may, at its absolute discretion, choose to accept or reject an Extension Request.

5.2. If Property Staging Gold Coast accepts an Extension Request, Property Staging Gold Coast will issue an invoice to the Customer. This invoice is due and payable within 3 Business Days of the commencement of the subsequent extension period. If payment is not received, Property Staging Gold Coast may attend the Premises and recover the Staging Items.

6. Damage

6.1. The Customer is responsible for notifying Property Staging Gold Coast immediately of any accident or damage to the Staging Items following Delivery.

6.2. If the Staging Items are found to be damaged, defective, or otherwise not fit for purpose upon Delivery, the Customer must notify Property Staging Gold Coast of the issue in writing within 3 Business Days from the Delivery Date.

6.3. When notified of an issue as per clause 6.2 above, the Customer must grant Property Staging Gold Coast access to the Premises to determine the nature and extent of the alleged issue and allow Property Staging Gold Coast a reasonable amount of time (which in default shall not be less than 5 Business Days) to rectify the alleged issue.

7. Fees & Payment

7.1. Fees

(a) Unless agreed otherwise in the Proposal or in writing between the parties, all Fees for the Staging Services are due in full prior to Delivery.

(b) Property Staging Gold Coast will charge the Customer such Fees as specified in the Proposal and/or as accepted by the Customer.

(c) In the event of any non-payment of Fees, Property Staging Gold Coast reserves the right to deduct any Fees incurred by the Customer from the Deposit.

(d) All payments shall be made by deposit into Property Staging Gold Coast's nominated bank account or in such other manner as Property Staging Gold Coast may direct from time-to-time.

(e) Property Staging Gold Coast may cancel this Agreement, cancel the Delivery, or refuse to perform the Staging Services if the Customer fails to make a payment when due.

7.2. GST

GST is applicable to any Fees charged by Property Staging Gold Coast to the Customer. Unless expressed otherwise, all Fees shall be deemed exclusive of GST. Property Staging Gold Coast will provide the Customer with a Tax Invoice for any payments.

7.3. Refunds

(a) If the Customer cancels the Staging Services in whole or part, no refunds of Fees paid shall apply, except at the discretion of Property Staging Gold Coast.

(b) If Property Staging Gold Coast cancels the Staging Services in whole or part due to no fault of the Customer, Property Staging Gold Coast shall refund the appropriate proportion of the Fees for the Staging Services to the Customer within 10 Business Days from cancellation or removal of the Staging Items, whichever is sooner.

8. Photographs & Promotion

8.1. The Customer acknowledges and agrees that Property Staging Gold Coast may take photographs of the Premises with and without the Staging Items for its promotional purposes.

8.2. The Customer grants Property Staging Gold Coast authority to use the Premises address for the purposes of promoting Property Staging Gold Coast's works.

8.3. Property Staging Gold Coast grants the Customer authority to take photos of and use the Staging Items in all promotions of the Premises.

9. Termination

9.1. This Agreement shall end when the Staging Services have been completed by Property Staging Gold Coast (generally at the cessation of the Staging Term) or as agreed by the parties in writing.

9.2. Without affecting any other rights or obligations of the parties, either party may terminate this Agreement by giving the other party no less than 5 Business Days' written notice.

9.3. Property Staging Gold Coast may terminate this Agreement at any time prior to the Delivery of Staging Items without penalty or liability to the Customer.

9.4. Either party may terminate this Agreement on immediate written notice if:

(a) The other party is in breach of this Agreement, and does not remedy the breach within a reasonable time (which shall not be less than 5 Business Days) of receiving written notice of the breach;

(b) The other party commits a breach of the Agreement that is incapable of remedy; and/or

(c) The other party repetitiously or willfully breaches this Agreement.

9.5. Should the Customer terminate this Agreement without cause, it shall remain liable to pay any Fees that it had agreed to pay Property Staging Gold Coast for all active and/or delivered Staging Services.

9.6. If the Customer is in breach of this Agreement as set out in clause 9.3 above, Property Staging Gold Coast may take all steps necessary to recover and repossess the Staging Items, including entering the Premises to do so. In such circumstances, Property Staging Gold Coast shall provide written notice to the Customer of its intention to enter the Premises to recover the Staging Items no less than 5 Business Days in advance. The Customer indemnifies Property Staging Gold Coast against any liability, damage, loss, cost, charge, or expense arising directly or indirectly out of Property Staging Gold Coast exercising its right of entry.

10. Liability & Indemnity

10.1. The Customer agrees that all use of the Staging Items is at the Customer’s own risk.

10.2. The Customer acknowledges that Property Staging Gold Coast is not responsible for any person who uses the Staging Items during the Staging Term at the Premises, and that Property Staging Gold Coast is not liable for such under any circumstances.

10.3. The Customer agrees to indemnify Property Staging Gold Coast for any loss, damage, cost, or expense that Property Staging Gold Coast may suffer or incur as a result of or in connection with the Customer’s use of or conduct in connection with the Staging Items, including any loss or damage to Staging Items and/or breach by the Customer of this Agreement.

10.4. In no circumstances will Property Staging Gold Coast be liable for any direct, incidental, consequential or indirect damages, personal injury, death, damage to property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the Customer’s access to, or use of, or inability to use the Staging Services or Staging Items, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not Property Staging Gold Coast knew or should have known of the possibility of such damage, or for business interruption of any type, whether in tort, contract or otherwise.

10.5. Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, Property Staging Gold Coast and Property Staging Gold Coast's related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, Property Staging Gold Coast's liability for breach of any implied warranty or condition that cannot be excluded is restricted, at Property Staging Gold Coast's option to:

(a) The re-supply of services or payment of the cost of re-supply of services; or

(b) The replacement or repair of goods or payment of the cost of replacement or repair.

11. Notices

11.1. The Customer can direct notices under this Agreement to Property Staging Gold Coast at its email address or other contact details as published on the Property Staging Gold Coast website, or as communicated to the Customer in writing. Property Staging Gold Coast will notify the Customer of a change of details from time-to-time.

11.2. Property Staging Gold Coast will send the Customer notices and other correspondence to the details that the Customer submits to Property Staging Gold Coast, or that the Customer notifies Property Staging Gold Coast of from time-to-time. It is the Customer’s responsibility to update its contact details as they change.

11.3. Notices must be sent to the parties’ most recently known working contact details.

12. General

12.1. Retention of Title. Property Staging Gold Coast remains the owner of all Staging Items and nothing in this Agreement grants any rights, title, or interest in respect of the Staging Items to the Customer.

12.2. Prevalence. To the extent that the Proposal is inconsistent with the terms of this Agreement, the terms of the Proposal shall prevail.

12.3. Amendments and Variations. This Agreement can only be amended, supplemented, replaced, or novated by written agreement between the parties, which includes any change to the Staging Term and/or the Staging Services.

12.4. Assignment. Property Staging Gold Coast may assign its rights and interests in this Agreement by giving the Customer written notice. The Customer may only assign its rights and interests in this Agreement with the written consent of Property Staging Gold Coast.

12.5. Disclaimer. Each party acknowledges that it has not relied on any representation, warranty, or statement made by any other party, other than as set out in this Agreement and the Proposal.

12.6. Relationship. Property Staging Gold Coast is an independent contractor to the Customer and nothing in this Agreement forms a relationship of employment, partnership, or joint venture.

12.7. Subcontracting. Property Staging Gold Coast may subcontract any of the Staging Services (in particular delivery and removal of Staging Items) at its discretion.

12.8. Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.

12.9. Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.

12.10. Governing Law. This Agreement is governed by the laws of the state of Queensland, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.

12.11. Time. Time is of the essence in this Agreement.

12.12. Electronic Communication.

(a) The parties acknowledge and agree that this Agreement is binding upon each party if accepted or executed digitally, and/or conveyed by electronic communication.

(b) A consent, notice, or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.

12.13. Counterparts. This Agreement may be executed in any number of counterparts. All counterparts together will be taken to constitute one instrument.

12.14. Severability. Any clause of this Agreement which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.

13. Definitions & Interpretation

13.1. Definitions.

The following definitions apply in this document:

(a) ABN means Australian Business Number.

(b) Agreement means these Terms & Conditions and the agreement formed by them in conjunction with the terms of the Proposal.

(c) Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Gold Coast, Queensland.

(d) Customer means the legal person(s) engaging Property Staging Gold Coast to provide the Staging Services, as set out in the Proposal and/or as agreed by the parties in writing.

(e) Delivery means the delivery of the Staging Items to the Premises.

(f) Delivery Date means the date the Staging Items are delivered to the Premises.

(g) Deposit means the upfront amount paid by the Customer (if any), refundable to the Customer upon completion of the Staging Services subject to deductions from any additional Fees incurred by the Customer (if any), as set out in the Proposal and/or agreed in writing by the parties, which in default shall be $500.

(h) Extension Request means a written notice from the Customer requesting an extension of the Staging Term.

(i) Fee means a fee charged by Property Staging Gold Coast for the provision of the Staging Services, as notified to the Customer in writing.

(j) GST has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

(k) Premises means the property where the Staging Services are performed, and the Staging Items are housed, during the Staging Term.

(l) Privacy Act means the Privacy Act 1988. Property Staging Gold Coast means [ Property Staging Gold Coast, ABN [57468176549] trading as Property Staging Gold Coast. (Note: You'll need to fill in the correct legal entity name and ABN here.)

(n) Proposal means any scope, statement of work or quote prepared by Property Staging Gold Coast setting out the inclusions and terms of the Staging Services.

(o) Staging Items means any furniture, artwork, rugs, décor, objects and other physical items provided by Property Staging Gold Coast for the purpose of providing the Staging Services.

(p) Staging Services means:

i. The provision, delivery, styling and arrangement, and removal of Staging Items, for the purpose of decorating the Premises during the Staging Term; and/or

ii. Any other services provided by Property Staging Gold Coast;

as set out in the Proposal, and/or as agreed between the parties from time-to-time.

(q) Staging Term means the period in which the Staging Items are in the Premises, which in default shall be 6 weeks from the Delivery Date, or otherwise as agreed by the parties in writing.

(r) Tax Invoice has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

13.2. Interpretation.

Headings are only for convenience and do not affect interpretation. The following rules apply unless the context requires otherwise:

(a) The singular includes the plural and the opposite also applies.

(b) If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.

(c) A reference to a clause refers to clauses in this Agreement.

(d) A reference to legislation is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it.

(e) Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.

(f) A reference to a party to this Agreement or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).

(g) A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.

(h) A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.

(i) A reference to dollars or $ is to an amount in Australian currency unless otherwise explicitly specified.