Terms and Conditions

 
1. AGREEMENT.   In this Agreement, the party who is contracting to receive the services shall  be referred to as the "Client" and the party who will be providing  the services shall be referred to as "Overnight Typing".  For  the avoidance of doubt, if the Client provides Overnight Typing with work  and/or instructions enabling Overnight Typing to carry out the Services, the  terms and conditions contained within this Agreement will bind both the Client  and Overnight Typing.
 
2. DESCRIPTION OF  SERVICES.  Overnight Typing will provide the services as set out in verbal  or written communication (collectively, the "Services"):  The  Services must be supplied:
      
       
   1. To the best of Overnight  Typing's ability and knowledge.
       
   2. In accordance  with reasonable technical directions given by the Client to Overnight Typing.
       
   3. In compliance  with all applicable standards, awards, laws and regulations.
      
    
3. PAYMENT FOR  SERVICES.  In consideration of the provision of the Services, the Client  will pay compensation to Overnight Typing for the Services based on the rate agreed upon upload.  The rate agreed is calculated in AUD.  The exchange rate calculator is for indication purposes only.  The actual rate applied to the Clients' payment method may vary according to their banking institutions rates at the time of processing payment.
   
 
4. CREDIT  TERMS.  For regular ongoing monthly Clients, credit terms are available  upon request.  A payment history will first need to be established prior  to offering credit terms.  Invoices are raised at the end of each month with payment due within 14 days. 
   
 
5. LATE  PAYMENT.  An administration charge of $20.00 (AUD)will be added to the  outstanding balance on the day after payment falls due plus a fee of $10.00 (AUD) will also be added for every chaser letter sent after the payment falls due.
 
6. NON-PAYMENT.  As well as incurring administration charges at Point (6), we  understand and will exercise our statutory right to claim interest and  compensation for debt recovery costs under the late payment legislation if we  are not paid according to agreed terms under this Agreement.
 
7. PAYMENT  GUARANTEE.  For clients on a 'monthly credit term', the Client guarantees  to Overnight Typing the due and punctual payment of any sum payable by the  Client to Overnight Typing.  Preferred method of payment is by direct bank credit.  However, payment may also be made by personal or company cheque  or by international bank transfer (for which The Client will pay the  appropriate bank fees).
 
8. TERM/TERMINATION.  This Agreement  comes into force when the Client provides work to Overnight Typing and remains  in force for as long as the Client provides work to Overnight Typing.  For  the avoidance of doubt, this Agreement may be terminated by either party  without notice at any time for any reason by informing the other party of the  decision.  Upon termination of services by either party, all work  completed by Overnight Typing on behalf of the Client will be payable by the  Client under the agreed payment terms.
 
9. RELATIONSHIP OF PARTIES. It is  understood by the parties that Overnight Typing is and shall remain an  independent contractor with respect to the Client and not an employee of the  Client and cannot bind the Client. The Client will not provide fringe benefits,  including health insurance benefits, superannuation, paid vacation, or any other  employee benefit, for the benefit of Overnight Typing.  Overnight Typing and the Client agree to the  following rights consistent with an independent contractor status:   
       
   1. Overnight Typing has  the right to perform services for others during the term of this Agreement.
       
   2. Overnight Typing has  the sole right to control and direct the means, manner and method by which the  services required by this Agreement will be performed.
       
   3. Overnight Typing has  the right to hire assistants as subcontractors, or to use employees to provide  the services required by this Agreement.
       
   4. Overnight Typing or  Overnight Typing's employees or subcontractors shall perform the services  required by this Agreement; the Client shall not hire, supervise or pay any  assistants to help Overnight Typing.
       
   5. Neither Overnight  Typing nor Overnight Typing's employees or subcontractors shall receive any  training from the Client in the skills necessary to perform the services  required by this Agreement.
       
   6. The Client shall  not require Overnight Typing or Overnight Typing's employees or subcontractors  to devote full time to performing the services required by this Agreement.
      
    
10. SERVICE WAIVER.  The Client hereby  agrees that all materials furnished to Overnight Typing are owned by the  Client, or that the Client has permission from the rightful owner to use such  materials, and will hold harmless, protect, and defend Overnight Typing from  any claim or suit which may arise from the use of such materials.
 
11. CONFIDENTIALITY. Overnight Typing will  not at any time disclose to any third party any information that is identified  as confidential by the Client. Overnight Typing will protect such information  and treat it as strictly confidential. This provision shall continue to be effective  after the termination of this Agreement.  This clause shall be binding on  any employees, agents or subcontractors of Overnight Typing.
 
12. ENTIRE AGREEMENT. This Agreement  contains the entire agreement of the parties, and supersedes any and all previous  representations, warranties, undertakings, and agreements.
 
13. ASSIGNMENT. Either Overnight Typing or  the Client may assign its rights and may delegate its duties under this  Agreement.
 
14. NO PARTNERSHIP. This Agreement does not  create a partnership relationship. Neither party has authority to enter into  contracts on the other's behalf.
 
15. DELIVERY.  The parties may agree on  a timetable for delivery of the Services, which also forms part of this  Agreement.  Delivery preferences consist of email, fax transmission, and  standard post.  There will be no charge for email and fax.  However, any postal charges will be invoiced to the Client..
 
16. FORCE  MAJEURE.  Overnight Typing shall not be liable for any failure to perform  its obligations where such failure is as a result of Acts of Nature (including  fire, flood, earthquake, storm, hurricane or other natural disaster), war,  invasion, act of foreign enemies, hostilities (whether war is declared or not),  civil war, rebellion, revolution, insurrection, military or usurped power or  confiscation, terrorist activities, nationalisation, government sanction,  blockage, embargo, labour dispute, strike, lockout or interruption or failure  of electricity, broadband or telephone service.
 
17. RESPONSIBILITY.  Overnight Typing strives  to provide error-free work.  Typographical errors or mistakes which are  clearly the fault of Overnight Typing will be corrected at no charge. Client  revisions will be charged.  Final proofreading is the responsibility of  the Client.  Overnight Typing is not responsible for any loss due to  clerical errors on our part missed by the Client.   
        
    1. Overnight Typing assumes  no responsibility for consequences resulting from the provision of information  and services, including, but not limited to, errors or omissions.
        
    2. All information  provided is intended solely to provide general guidance on matters of interest  for the personal use of the Client, who accepts full responsibility for its  use.  It is provided with no guarantee of completeness, accuracy or  timeliness, and without warranty of any kind.
        
    3. Information  provided does not constitute legal, accounting, tax or consulting advice.