New In Town Relocations – ABN 9511254648

  1. GENERAL DEFINITIONS
    1. ‘We’, ‘Our’ and ‘the Company’ relates to New In Town Relocations;
    2. ‘You’ relates to any corporation or individual who agrees to be a client of the Company.
    3. Accepting a quotation (in writing) constitutes a Booking, and you agree to retain our services and be bound by this contract.
    4. “Out of pocket’ expenses mean any expense approved by you, at the time of your Booking.
  2. WEBSITE TERMS OF USE
    1. By accessing this website you irrevocably agree to be bound by the terms and conditions of  New In Town Relocations.  If you do not agree to be bound by these terms and conditions you should not use or access this website.  
    2. Any material contained on our website is made available for your personal non-commercial use only.
    3. All copyright in the material contained in this website and all intellectual property in any or all of the Company’s trademarks and brand names belongs to the Company.
    4. Whilst we endeavour to ensure that the information provided on this website is accurate, we make no warranties in relation to its completeness and accuracy.
    5. To the fullest extent permissible under applicable law we will not be held liable for any errors or omissions contained in our website.
  3. INTERPRETATION AND DEFINITIONS
    1. “Agreement” means the agreement between the Client and New In Town Relocations  for the provision of the Services, which incorporates the Schedule and these Terms and Conditions.
    2. “Commencement Date” means the date set out in the Schedule or such other date as the Parties agree.
    3. “Date Of Estimated Arrival At The Destination” means the date of estimated arrival at the Destination set out in the Schedule, which date may only be varied for the purpose of giving notice under this Agreement by New In Town Relocations in its discretion.
    4. “Deposit” means 100% of the fee services requested in the Service Agreement plus GST.
    5. “Fee” means the fee set out in the Schedule plus GST, including without limitation, the Deposit, or as otherwise agreed in writing by the parties.
    6. “GST” or goods and services tax, has the same meaning as set out in Section 195-1 of A New Tax System (Goods and Services Tax) Act 1999 (Cth).
    7. “Interest” means 10% per annum calculated daily and payable weekly on all outstanding amounts payable by the Client.
    8. “Out of pocket expenses” means any out of pocket expense incurred by New In Town Relocations, approved by you.
    9. “Packages” means the package of the Services agreed to be provided in this Agreement detailed at clause 5.1.
    10. “Parties” means the Client and New In Town Relocations and either of them.
    11. “Services” means the services outlined in the attached table.
    12. “Terms and Conditions” means these terms and conditions which form part of the Agreement and New In Town Relocation’s website.
    13. “Schedule” means the schedule cover page to this Agreement.
    14. The following shall apply, where the context requires:
      1. “We” and “Our” denotes to New In Town Relocations.
      2. “You” denotes to any corporation, individual or business or government entity who is the Client.
      3. Words importing the singular shall include the plural and vice versa.
      4. Words importing any one gender shall include the other gender and vice versa.
      5. “Persons” or “Individual” shall include corporations, trusts, partnerships and any business entity of any nature.
      6. A reference to days shall be to calendar days unless otherwise stated.
      7. Where a party to the Agreement consists of two or more persons the obligations of such persons under the Agreement shall be joint and several.
      8. The obligations of the Parties shall be binding on their successors in title, assigns or legal personal representatives.
      9. The discretions of New In Town Relocations shall be absolute discretions.
  4. AGREEMENT
    1. In consideration of the Client paying the Fee and fully and promptly complying with its obligations under this Agreement, New In Town Relocations agrees to provide the Services to the Client commencing on the Commencement Date, as set out in this Agreement.
    2. If a Client should wish to proceed witht a service, New In Town Relocations’will issue a Service Agreement to the Client for signing.
    3. The Fee quoted in such Agreement is valid for 10 days from the date of issue of such Agreement and may be withdrawn or varied by New In Town Relocations at any time before New In Town Relocations signs the Agreement and receives the Deposit in cleared funds.
    4. For the avoidance of doubt, New In Town Relocations may not commence the Services until the Agreement is signed and the full invoiced amount is received in cleared funds.
    5. The Agreement shall take precedence over any other representations, agreements, arrangements or understandings relating to the supply of the Services and any matters in connection with the Services.
  5. PACKAGES
    New In Town Relocations offers the following packages, grouped as follows:
    1.  Perth Orientation Half Day Tour (3 hours)
    2.  Perth Orientation Full Day Tour (6 hours)
    3.  Home Search (up to 5 hours) 
    4. New In Town's Home Search Package is costed for up to 5 hours of service including all corresponsdence with our clients and property managers, travel time to and from home inspections, property inspection reports, negotiating terms and conditions of the lease and submission of tenancy applications. Any additional hours thereafter, will be charged at $95+GST. Additional fees will also apply for property isnpections in the outer suburbs of Perth and inspections conducted on weekends.
    5.   Home & School Search (up to 12 hours)
    6.   Complete Relocation Services - Singles & Couples - (up to 22 hours)
    7. Package 7  Complete Relocation Services - Families (up to 30 hours)

      Additional Hours charged at an hourly rage $95+GST 
      Relocation Services based on individual requirements

    8. PAYMENT TERMS
      1. The Client shall pay the Deposit, being 100% of the Fee plus GST at the time of returning the signed Agreement.  For Home Search a minimum of 5 hours must be paid upfront before commencing the service.  The balance of the any additional Fees is due and payable five (5) working days prior to the date of completion of the service.(“arrival date”).
      2. The Client shall pay the Fee by:
        1. cheque made payable to New In Town Relocations;
        2. electronic funds transfer to New In Town Relocations’s bank account;
        3. preauthorised payment; or
        4. Any bank fees incurred in relation to the payment options listed at clause 6.2 charged to New In Town Relocations shall be on–charged as an Out of pocket expense.
      3. If payment of the Fee is received in cleared funds by New In Town Relocations, on or before the due date for payment, no Interest will be charged to the Client on the Fee.  Interest shall accrue and be paid on any portion of the Fee not paid on the due date for payment, until payment in full.
      4. Consultant hourly rate is AU $95 +GST for each person’s time, unless otherwise advised by New In Town Relocations.
      5. All Out of pocket expenses incur a service fee of 5% plus GST of the Out of pocket expense (“Service Fee”).
      6. All payments are to be made in Australian dollars (AUD$).
      7. All prices quoted are exclusive of GST unless otherwise stated.

        GST
      8. Where a taxable supply occurs within the meaning of Division 9A of A New Tax System (Goods and Services Tax) Act 1999, New In Town Relocations shall issue tax invoices stating its ABN and the Client shall pay GST as stated in such invoice.

        REIMBURSEMENT
      9. If, for any reason, you do not proceed with your relocation or the Services:
      1.  the Client shall pay a cancellation fee of 50% of the total Fee paid plus GST and any out of pocket expenses incurred by New In Town Relocations and any Service Fee; and
      2. If our time spent on your relocation exceeds 30% of the total Fee plus GST, the Client shall pay for any such additional time incurred at our hourly rate (as per clause 6.5).
    9. TERMINATION
      1. New In Town Relocations may terminate the Agreement:
        1. Before the Date Of Estimated Arrival At The Destination by notice with not less than 7 days notice period and New In Town Relocations shall reimburse all of the Deposit less GST and less any Out of pocket expense incurred by New In Town Relocations and less any Service Fee and less any GST; or
        2. After the arrival date by notice with not less than 14 days notice period in circumstances where in New In Town Relocations’s discretion the Client is making unreasonable demands and it shall be in New In Town Relocations’s discretion as to whether any of the Fee is reimbursed.
        3. By notice with no notice period, if the Client:
          1. has failed or refused to pay any of the Fee due and payable to New In Town Relocations, including without limitation the Deposit, any balance of the Fee or any Interest or any combination of these amounts, on the due date of payment; or
          2. is in breach of any of the terms of the Agreement and fails to remedy the breach to New In Town Relocations’s satisfaction (in New In Town Relocations’s discretion) within 7 days of a notice of the breach being issued by New In Town Relocations specifying the breach and requiring the Client to remedy the breach.
      2. If the Agreement is terminated by either party or by Court order, then the Deposit may, in the discretion of New In Town Relocations, be retained by New In Town Relocations in part or full compensation for all Out of pocket expenses and the Service Fee costs, and loss of profit incurred by New In Town Relocations.
    10. NO ASSIGNMENT
      1. The Client shall not assign any portion of the Agreement without the prior written consent of New In Town Relocations, which consent may be withheld in the discretion of New In Town Relocations.
    11. VARIATION
      1. The Agreement may only be varied in writing by the Parties.
    12. WARRANTIES AND LIMITATION OF LIABILITY
      1. Notwithstanding any provision of any clause of this Agreement, the Client agrees that all warranties, representations and indemnities of New In Town Relocations are excluded to the maximum extent permitted at law.
      2. Our liability to you shall be limited to the Fee less GST paid by you. Save as precluded by law in no circumstances whatsoever shall we be liable for any consequential or indirect damage or loss to you or any other person, however caused.
      3. No provision contained in this Agreement shall operate or have effect so as to exclude our liability in respect of fraud or fraudulent misrepresentation.
    13. FORCE MAJEURE
      1. We shall not be liable to you for any loss, costs or expenses arising directly or indirectly from failure to perform or delay in performing any of our contractual obligations when failure or delay is caused by circumstances beyond our control, including without limitation force majeure or the refusal or failure of any third party whether or not engaged by New In Town Relocations, to fully and promptly perform its obligations or duties.
    14. SEVERANCE
      1. If any provision of these terms and conditions is held by a Court or other competent authority to be invalid or unenforceable in whole or in part the remaining provisions of this Agreement are to remain in full force and effect.
    15. ACKNOWLEDGEMENT
      1. By signing this Agreement, the Client:
        1. acknowledges that he or she has read, understood and agreed to the provisions of this Agreement; and
        2. agrees to be bound by this Agreement.
    16. GOVERNING LAW
      1. This Agreement is governed by, and is to be construed in accordance with, the law of Western Australia and the Parties submit to the non-exclusive jurisdiction of the courts of Western Australia and any court hearing appeals from those courts.