Business Credit Accounts Terms & Conditions
These conditions are applicable for the websites GiFD and / or Move iT Couriers.
- The contract
- The Customer acknowledges and agrees that it has read and understood, and agrees to, these terms and conditions for the operation, establishment and use of a business credit account also referred to as a GiFD Plus Account (“Account”).
- The execution of the application for an Account (“Application”) constitutes an offer by the Customer to acquire and use an Account on the terms and conditions set out in this document.
- If Move iT Couriers approves the Application, such approval will constitute acceptance of the offer and will create a contract between Move iT Couriers and the Customer on these terms and conditions (“Contract”).
- The parties acknowledge and agree that the Account may be used as a means for transacting payments and other amounts payable by the Customer to Move iT Couriers for the provision of a range of goods or services provided by Move iT Couriers under separate booking terms and conditions.
- Credit enquiries
For the purpose of considering the Application, and at any time during the term of the Contract, the Customer authorises Move iT Couriers to make such enquiries as Move iT Couriers may require to be satisfied as to the creditworthiness of the Customer.
- Minimum spend
- Upon approval of your Account, Move iT Couriers requires the Customer to spend a minimum of $100 per calendar week to receive the Plus account service features.
- Where the spend is less than $100 per calendar week the client will be invoiced to this minimum spend.
- Should business cease trading, such as over the Christmas period or due, this minimum spend requirement can be paused for up to 4 weeks within a calendar year, when provided in email writing prior to the week starting.
- Any extension of this paused period, due to other unforeseen circumstances, is at the discretion of Move iT Couriers.
- Credit limit
Move iT Couriers specifies the maximum (GST – inclusive) amount that maybe charged to the Account over a particular period (“Credit Limit”). By default this amount is $1000. The Customer’s Credit Limit is subject to review at any time by Move iT Couriers. Move iT Couriers may, on request in writing by the Customer, agree in writing to increase or decrease the Credit Limit. The balance of the Account at any time must not exceed the Credit Limit. Move iT Couriers is not responsible for any loss or damage whatsoever or howsoever caused arising from the refusal by Move iT Couriers to supply the Customer with any products or services on credit because the Credit Limit has been exceeded. The Customer agrees to immediately pay the amounts charged to the Account for any products or services supplied by Move iT Couriers in excess of the Credit Limit, whether or not demand for payment has been made by Move iT Couriers.
- Authorised and unauthorised transactions
The Customer is responsible for and indemnifies Move iT Couriers against any unauthorised use of the Account. The Customer must notify Move iT Couriers in writing of any unauthorised transactions on the Account immediately after the Customer becomes aware of them. The Customer is not responsible for any unauthorised use of the Account after Move iT Couriers receives written notification of the unauthorised use.
- Terms of payment
- The Customer agrees to pay Move iT Movers no later than 14 days by Direct Debit from the date of issue of the tax invoice/adjustment note of the amounts set out therein.
- Payment of the amount specified in 6.1 will be in Australian Dollars (AUD).
- Tax invoices/adjustment notes are delivered to the Customer at the email address specified by the Customer for that purpose in the Application.
- Where the Customer has defaulted in its payment obligations under this Contract, any amounts owing by the Customer to Move iT Couriers in connection with this Contract may be deducted from any fee payable by Move iT Couriers to the Customer under any other contract.
- Where the Customer has defaulted in its payment their account shall automatically downgraded to a standard account where payment is required at point of each booking.
- Move iT Couriers will charge certain fees (if applicable) which are detailed at our booking terms and conditions
- Transaction errors
Any complaint made by the Customer that a transaction recorded on the Customer’s tax invoice / adjustment note is incorrect must be advised to Move iT Couriers in writing within seven days of the issue of the tax invoice / adjustment note. If this does not occur, the Customer will be assumed to have accepted the transactions recorded in the tax invoice/adjustment as correct. If part of the amount set out in the tax invoice / adjustment note is in dispute, the Customer agrees to pay the undisputed amount within the time period specified in clause 5.1.
- The Customer warrants that:
(a) all statements made and documents provided in connection with the Application and all representations that the Customer has made or may make during the term of the Contract to Move iT Couriers are true and correct; and
(b) the Account is required for the Customer’s business or commercial purposes only.
- The Customer acknowledges that Move iT Couriers relies on the correctness of these warranties in approving the Application and continues to rely on these warranties in its further dealings with the Customer.
The Customer indemnifies Move iT Couriers against any liability, loss, costs, charges and expenses Move iT Couriers suffers in connection with the Contract or the Account, except to the extentarising directly as a result of fraud or wilful misconduct on the part of Move iT Couriers.
- Changes in address and other particulars
The Customer must notify Move iT Couriers within seven days of any change in the constitution, ownership, membership or control of the Customer, or any change or proposed change in the Customer’s address. Despite the occurrence of any of these changes, the Customer’s obligations under the Contract continue. However, Move iT Couriers may require a new application to be executed.
- Termination / Suspension
- Move iT Couriers may, acting reasonably, at any time suspend or terminate the Customer’s Account without notice to the Customer.
- Move iT Couriers may suspend or terminate the Contract immediately by written notice to the Customer where:
(a) Move iT Couriers was induced by fraudulent misrepresentation on the Customer’s part to approve an application for any account with the Customer; or
(b) the amount charged to a Customer’s Account exceeds the Credit Limit at any time without the prior written approval of Move iT Couriers; or
(c) in the reasonable opinion of Move iT Couriers any change in circumstances, including, without limitation, changes in the Customer’s constitution, ownership, membership, control status or ability to provide security for payment of amounts which have or are likely to be charged to the Account, makes the continuance of the Contract undesirable or unsatisfactory; or
(d) the Customer becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration
(e) the Customer being a partnership dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving; the Customer being a natural person, dies; or the Customer ceases or threatens to cease conducting business in the normal manner; or
(g) the Customer uses the Account for any non-commercial purposes including, without limitation, for personal, domestic or household purposes; or
(h) the Customer is otherwise in default under this Contract.
- The customer may terminate this Contract by not less than seven days’ prior written email notice to Move iT Couriers.
- The Customer must also pay to Move iT Couriers any amounts reasonably incurred or expended by Move iT Couriers in exercising its rights under the Contract.
- Notices served under the Contract will be delivered by email to the Customer – at the email address provided in the Application.
Move iT Couriers may vary the terms and conditions of the Account with respect to future transactions between Move iT Couriers and the Customer.
Failure by either party to enforce its obligations under the Contract does not constitute waiver of that party’s rights unless it is in writing,nor does it affect any other obligation of the other party, including obligations to make any further payments as and when they fall due.
- Governing law
The Contract is made in the state of Victoria and is governed by the laws in force in that state.