This Agreement is made between PARADISO RECEPTIONS GROUP PTY LIMITED ACN 165 834 613 (“Paradiso”) and the persons/businesses/companies noted in the Venue Booking Confirmation Form (the “Confirmation Form”) as the Customer.
This Agreement is comprised of the Confirmation Form and these Trading Terms and Conditions.
The following terms have the meanings as set out in the Confirmation Form:
Customer – the person or people referred to in the Confirmation Form in the section titled “Personal Details”
Venue Booking Details – the venue and menu particulars as specified on the Confirmation Form
Payment Terms – as specified on the Confirmation Form.
Goods/Services – such of the goods/services agreed to be supplied by Paradiso to the Customer as specified in the Venue Booking Details
This Agreement is made on the date shown on the Confirmation Form or the date that Paradiso otherwise agrees in writing.
2. Agreement to supply
Paradiso shall supply the Goods/Services to the Customer in accordance with this Agreement and as specified on the Venue Booking Details.
The Price is inclusive of GST but exclusive of all other taxes or duties.
Paradiso reserves the right to vary the Goods/Services agreed as necessary.
3. OBLIGATIONS OF the Customer
3.1. Payment of Accounts
The Customer shall pay Paradiso in full for the Goods/Services in accordance with the Payment Terms and this Agreement, whether or not any dispute exists between the Customer and Paradiso about the amount required to be paid by the Customer under this Agreement.
In the event of a dispute existing between Paradiso and the Customer about the amount required to be paid by the Customer under this Agreement, Paradiso may require, as a pre-condition to any attempt to resolve the dispute or the filing of any defense to litigation that Paradiso nominate a solicitor to hold the amount claimed by Paradiso but in dispute in trust as a stakeholder for the parties until the dispute is settled. Upon such request being made by Paradiso, the Customer shall pay any amount claimed by Paradiso to that solicitor’s trust account.
Where Paradiso has been provided with a credit card or direct debit authority on behalf of the Customer, Paradiso shall be authorized to use that authority to arrange for payment of any amounts due under this Agreement.
To avoid doubt, terms relating to payment of accounts shall survive termination of this Agreement.
3.2. Refunds and Cancellations
The Customer acknowledges that in booking a function, they are committing to a specific function date and that due to the nature of Paradiso’s business, in the event of a cancellation it will be unlikely that Paradiso will be able to rebook the venue and therefore cancellation fees will be incurred by the Customer.
No payments made to Paradiso under this Agreement will be refunded.
In the event of a cancellation, the following amounts will be due and payable by the Customer to Paradiso:
For any cancellation 4 months or earlier than the Function Date, a total of 50% of the total price of the booking; and,
For any cancellation between 4 months and 2 weeks of the Function Date, 75% of the total price of the booking; and
For any cancellation within 2 weeks of the Function Date, the total price of the booking.
3.3. Changes To Venue
The Customer acknowledges that Paradiso regularly updates and refurbishes its facilities and that the specifications of the chosen venue may differ between the date of this agreement and the function date.
3.4. Contractors
The Customer shall ensure that all proposed 3rd party contractors file a completed Works Permit no later than 7 days prior to the Function Date.
All contractors must have public liability insurance.
Paradiso reserves the right to refuse any contractor access to the Venue/function at their sole discretion.
The Customer indemnifies Paradiso against any loss or damage suffered by Paradiso and caused, directly or indirectly, by a 3rd party contractor engaged by the Customer.
3.5. Risk & Liability
The Customer is responsible to ensure that Paradiso is made aware of any special requirements pertaining to the Goods/Services and that Paradiso relies upon the integrity of the information supplied to it.
The Customer acknowledges that Paradiso shall not be liable for loss or damage or for consequential loss or the damage of any kind arising out of the supply of the Goods/Services.
4. DEFAULT
Should any party default in this Agreement, the party not in default may give notice in writing to the party in default specifying the default and giving the party in default:
if the default relates to the non-payment of monies, three (3) days, or;
in any other case, ten (10) days in which to remedy the default.
If the default relates to the non-payment of monies, Paradiso shall be entitled to charge interest on all amounts payable at the daily rate of 5% above the Reserve Bank of Australia Cash Rate, and if not paid, shall be added to the amount due to Paradiso on the 1st day of each month and bear interest from that date.
5. Term & TERMINATION
5.1. Termination
This Agreement shall continue unless terminated in accordance with this Clause.
Once a venue booking has been confirmed by the Customer and a Confirmation Form has been signed and accepted, the Customer may not terminate this Agreement.
Paradiso may terminate this Agreement by giving notice in writing to the other party in the event a default notified in accordance with clause 4 remains unremedied.
Upon termination, all monies payable under this Agreement become immediately due and payable and Paradiso shall not be liable to refund any monies paid.
6. GENERAL
6.1. Entire Agreement
This Agreement constitutes the entire Agreement between the parties and supersedes all previous communications, representations, inducements, undertakings or arrangements between the parties.
6.2. Severance
This Agreement is to be interpreted so that it does not infringe against the Acts of any Parliament of Australia or any regulations made under those Acts. If any provision is invalid or not enforceable, the remaining provisions which are self-sustaining and capable of separate enforcement shall continue in force.
6.3. Amendment
Any amendment to this Agreement must be in writing and signed by the parties.
6.4. Notices
Any notice to be given under this Agreement shall be in writing and is deemed duly given if it is:
left at that other party’s address;
sent by pre-paid mail to that other party’s address; or
transmitted by facsimile to that other party’s address.
Any notice given to a party is deemed duly given and received:
when delivered (in the case of it being left at that party’s address);
on the third business day after posting (in the case of it being sent by pre-paid mail); or
on the day of transmission, if a business day, or, if not a business day, on the next business day (in the case of being transmitted by facsimile).
6.5. Account Keeping Fees
Without prejudice to any other rights of Paradiso, if there is any amount which is overdue, the Customer may be charged account keeping fees in the amount of 1.5% per month.
To avoid doubt, this term shall survive termination of this Agreement.
6.6. Costs of Recovery
The Customer shall pay Paradiso for all costs incurred by Paradiso in the recovery of any goods or monies owed (including those costs which may be contingent on recovery) by the Customer to Paradiso under this Agreement including debt recovery agents costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis.
To avoid doubt, this term shall survive termination of this Agreement.
6.7. Reservation of Rights
All rights not specifically and expressly granted to the Customer by this Agreement are reserved to Paradiso.
6.8. Receipt
The receipt of money by either of the parties shall not prevent either of them from questioning the correctness of any statement in respect of any money.
To avoid doubt, this term shall survive termination of this Agreement.
6.9. Charge
If Customer is an individual, if any amount is overdue, the Customer agrees to charge his/her real and personal property to secure the indebtedness of the Customer to Paradiso, and authorizes Paradiso to lodge a caveat or register the charge on the Personal Property Securities Register until the overdue amount is received in full by Paradiso. The Customer shall also be liable for all costs incurred by Paradiso arising from this clause on an indemnity basis.
If Customer is a company, if any amount is overdue, the Customer agrees to grant a fixed and/or floating charge over its assets in favour of Paradiso and irrevocably authorizes Paradiso to register the charge and Paradiso’s interest in the charge with the Personal Property Securities Register. The Customer shall also be liable for all costs incurred by Paradiso under this clause on an indemnity basis.
6.10. Insurance
The Customer shall be responsible for whatever insurance cover it requires at its own expense.
6.11. Force Majeure
Both parties will be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulations or if any other cause beyond the reasonable control of the parties renders performance of the agreement impossible whereupon all money due to Paradiso shall be paid immediately.
6.12. Paradiso’s Right to Assign
This Agreement and all rights under it may be assigned or transferred by Paradiso without the consent of the Customer.
6.13. Waiver
The failure by Paradiso to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Agreement.
6.14. Time of the Essence
Time is of the essence in this Agreement in all respects (whether any extension of time or other indulgence has been given by one party to the other or not) and any breach of a time limit by one party will give the other parties the right to terminate this Agreement.
To avoid doubt, this term shall survive termination of this Agreement.
6.15. Governing Law
This Agreement is to be governed by the laws of the State of New South Wales, Australia.
