1. About these terms
King Wholesale Pty Ltd (ABN 90 703 368 530) (“we”, “us”, “our”) provides professional business and consulting services. These Terms of Service apply to all engagements, quotes accepted, and services supplied by us, unless we agree in writing to alternative terms.
2. Quotes and engagement
All quotes provided by us are valid for 30 days from the date of issue unless otherwise stated. A quote is an invitation to treat and does not constitute a binding offer. An engagement commences only when you accept a quote in writing (including by email) or we otherwise confirm the engagement in writing. Any variations to the agreed scope must be confirmed in writing and may affect the fees and timeline.
3. Fees and payment
Fees are set out in the accepted quote and are payable in Australian dollars. Unless otherwise agreed in writing, invoices are payable within 14 days of issue. We may charge interest on overdue amounts at the rate set from time to time under section 2 of the Penalty Interest Rates Act 1983 (Vic). Where an engagement requires prior expenditure on your behalf, we will seek your written approval before incurring those costs.
4. Your obligations
You agree to provide accurate, complete and timely information and documentation reasonably required for us to perform the services, to respond to our requests within a reasonable timeframe, and to ensure that any information you provide does not infringe the rights of any third party or breach any law. Delays caused by unavailability of information or approvals may affect delivery timelines and fees.
5. Intellectual property
All pre-existing intellectual property of each party remains the property of that party. Upon full payment of our fees, you are granted a licence to use the deliverables prepared specifically for you for your internal business purposes, subject to any third-party materials incorporated within them. We retain the right to use our general know-how, methodologies and tools in providing services to other clients.
6. Confidentiality
Each party will keep confidential all non-public information received from the other party in connection with an engagement and will not use or disclose that information except as required to perform the services or as permitted by law. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law or a regulator.
7. Limitation of liability
To the maximum extent permitted by law, our liability arising out of or in connection with the services is limited, at our option, to resupplying the relevant services or paying the cost of resupplying them. We are not liable for indirect, incidental, special or consequential loss, loss of profit, or loss of business opportunity, except where such liability cannot be excluded by law.
8. Australian Consumer Law
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified by agreement. Our services come with guarantees under the Australian Consumer Law that cannot be excluded.
9. Privacy
We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). By engaging us, you consent to the collection, use and disclosure of information as described in that policy.
10. Suspension and termination
Either party may terminate an engagement by giving 14 days’ written notice. We may suspend or terminate services immediately if you fail to pay an invoice when due or materially breach these terms. On termination, you must pay for all services performed and expenses incurred up to the date of termination.
11. Force majeure
We are not liable for delays or failure to perform our obligations caused by events beyond our reasonable control, including natural disasters, industrial action, government restrictions, or failures of third-party infrastructure or service providers.
12. Governing law
These terms are governed by the laws of Victoria, Australia, and the parties submit to the jurisdiction of the courts of Victoria and the Commonwealth of Australia.
13. Amendments
We may update these Terms of Service from time to time by publishing the current version on kingwholesale.online. The terms in force at the time you accept a quote will apply to that engagement unless agreed otherwise.
14. Contact
Questions about these terms can be directed to King Wholesale Pty Ltd, Melbourne VIC, by email at ceo@kingwholesale.online.
Last updated: January 2025. King Wholesale Pty Ltd · ABN 90 703 368 530 · Melbourne VIC.