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SERVICE AGREEMENT
TERMS AND CONDITIONS

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1	Definitions
1.1	In this Agreement, unless the context requires otherwise, the following terms have the following meanings:
Agreement	means the agreement between you and Slatz Yatch Management on the terms and conditions set out herein

Australian Consumer Law	means Schedule 2 of the Competition and Consumer Act 2010 (Cth) as amended from time to time

Claims	means all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise)

Commencement Date	if applicable, means the date specified in item 9 of the Schedule

Completion Date	if applicable, means the date specified in item 10 of the Schedule

Deposit	means the amount specified in item 4 of the Schedule

Fee
	if applicable, means the Fee specified in item 3 of the Schedule
Force Majeure Event
	means any occurrence or omission as a direct or indirect result of which the Party relying on it is prevented from or delayed in performing any of its obligations under this agreement and which is beyond the reasonable control of that Party and could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency

GST Law
	has the same meaning as that in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)

Insurable Event	means any event, whether contingent or unknown, and whether past or future, which may arise, and which would ordinarily be covered under an insurance policy, and includes, without limitation, any event which would be covered under an insurance policy required by clause 11 of this Agreement and/or item 8 of the Schedule

Materials	if applicable, means the materials specified in item 6 of the Schedule, and may include, for example, boats, boat engines, boat engine parts, nuts, bolts, screws, or any other marine or non-marine based material which is required to perform the Services

Party
	means either party to this Agreement as the context requires, and Parties means both parties.

Schedule	means the Schedule annexed hereto and forming part of this Agreement

Services	means the services we have agreed to perform and carry out in accordance with this Agreement as specified in item 5 of the Schedule

Slatz Yatch Management	means MHLN Pty Ltd (A.C.N.679 488 165) trading as Slatz Yatch Management ABN 77 679 488 165 and otherwise referred to as (“we”, “our”, “us”) as the case may be in this Agreement

You	means the person or entity, however described, which has entered into this Agreement for the performance of the Services by us, as specified in item 2 of the Schedule

2	Interpretation
2.1	In this Agreement unless the context otherwise requires:
(a)	words importing any gender include every gender;
(b)	words importing the singular number include the plural number and vice versa;
(c)	words importing persons include firms, companies and corporations and vice versa;
(d)	references to numbered clauses, paragraphs and schedules are references to the relevant clause or paragraph in or schedule to this Agreement;
(e)	reference in any schedule to this Agreement to numbered paragraphs relate to the numbered paragraphs of that schedule;
(f)	any obligation on any Party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
(g)	the headings to the clauses and schedules of this Agreement are not to affect the interpretation;
(h)	any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or byelaw made under that enactment; and
(i)	the word “including” (and related forms including “includes”) means “including without limitation”.
3	Whole Agreement
3.1	The terms and conditions set out in this Agreement apply to the Services provided by us to you.
3.2	No other term or condition other than the terms and conditions set out herein will form part of the Agreement between you and us, unless expressly agreed to in writing by us.
4	Communicating with us
4.1	You may communicate with us by phone, email, or post, via the details specified in item 1 of the Schedule.

5	Provisions of Services
5.1	We agree to provide the Services to you in consideration for you paying us in accordance with clause 7 of this Agreement. 
5.2	Subject to any other clause within this Agreement, in performing the Services, we will:
(a)	comply with commonly accepted practices and standards specified by the Boating Industry Association;
(b)	comply with the law as applicable;
(c)	be diligent;
(d)	use due care and skill; and
(e)	use all reasonable endeavours to:
(i)	where a Commencement Date is specified, commence the Services on or before that date;
(ii)	where a Completion Date is specified, complete the Services on or before that date; otherwise
(iii)	commence and complete the Services within a reasonable period of time.
5.3	Unless otherwise agreed in writing between the Parties, the performance of the Services will be carried out on a weekday, excluding Saturday, Sunday, and any public or bank holiday (as those terms and dates are defined in the Holidays Act 1983 (Qld)).
5.4	The Services may be performed by employees, agents, or contractors on our behalf.
5.5	We cannot guarantee that the Services will be:
(a)	commenced on the Commencement Date; 
(b)	completed on the Completion Date; or
(c)	commenced or completed within, a specified time period.

6	Materials, etc
6.1	The Services which we may provide to you under this Agreement may require us to purchase Materials for use. The need for Materials may or may not be known until we have commenced performing the Services.
6.2	If Materials are required to perform the Services, we will:
(a)	request a deposit in accordance with clause 7.2 of this Agreement; and
(b)	order the Materials as soon as practicable after receiving the deposit.

6.3	We cannot guarantee that the Materials will be available, or if available, will be delivered to, or collected by, us, within a specified time frame or by a particular date. Accordingly, we reserve the right to vary, in writing:
(a)	the Materials;
(b)	the date the Services are to be performed; or
(c)	the time frame the Services are to be performed.

6.4	We may (but do not need to) consult you before varying this Agreement in accordance with clause 6.3.

6.5	If the Materials are available, we may, at our sole discretion collect those materials ourselves, and you agree to pay our costs, in accordance with the hourly rate specified in item 7 of the Schedule, for travelling to and from, and collecting, those Materials.

7	Fees, payment of
7.1	In consideration for the provision of the Services in accordance with this Agreement, you agree to pay to us the either:
(a)	the Fee; and where no Fee is specified in the Schedule;
(b)	the hourly rate specified in item 7 of the Schedule where the work is carried our and performed on an hourly, or part hourly, basis.

7.2	We may request payment of the Deposit, prior to commencing the performance of the Services under this Agreement. The Deposit may include all or a portion of:
(a)	the Fee; 
(b)	an estimate of the cost of performance of the Services on an hourly basis as set out in item 7 of the Schedule; and
(c)	the cost of the Materials.

7.3	From time to time, we may, at our sole discretion, vary or increase the Fee by notice to you in writing. We may do so where:
(a)	we have agreed, in writing, to vary, alter or change the scope of the Services;
(b)	the amount of time required to perform the Services has increased;
(c)	the type of material used changes for whatever reason, including, but not limited to, not being appropriate, no longer available, or not practicably available within the required time frame (upon consultation with yourself); or
(d)	for any other reasonable reason.

7.4	We will endeavour to provide written notice of any change to our Fee within seven (7) days, or otherwise as soon as practicable after we become aware of a material increase in the Fee. If you do not agree to the increased Fee, we may cease performing the Services.

7.5	Notwithstanding anything to the contrary if we issue you with an invoice for services performed under this Agreement, that invoice is due and payable within 14 days of the date of the invoice, or within the number of days, or before the date, specified on the invoice.

7.6	If you do not pay to us an amount which is due and owing to us under this Agreement, within the specified time, you agree that we may charge interest on the outstanding amount calculated at 10% per annum until paid in full (including interest).

7.7	You cannot fail or refuse to make payment of any amount due and payable to us under this Agreement where there is only a minor or inconsequential defect in the Services performed under this Agreement.

8	GST

8.1	All amounts specified in this Agreement or the Schedule annexed hereto are exclusive of goods and services tax (GST).

8.2	GST is payable on any and all amounts which are due and payable to us under and in accordance with:
(a)	this Agreement; and
(b)	the GST Law.

8.3	You acknowledge and agree that we are entitled to charge GST on the amount which is payable to us in accordance with this Agreement, in compliance with the GST Law.

9	Limitation of Liability

9.1	Except to the extent permitted under the Law, Slatz Yatch Management (including its officers, directors, managers, principals, stockholders, related bodies corporate, partners, members, employees, agents and representatives) will have no liability (whether for breach of contract, under indemnity, negligence or on any other legal or equitable basis) to you for any loss, liability, damage or expense arising out of or in connection with the performance, or failure to perform, the Services.

9.2	You agree to take reasonable steps to mitigate any and all loss which you may suffer or incur in connection with the provision of the Services by Slatz Yatch Management.

9.3	Subject to any law to the contrary, you agree that any liability of Slatz Yatch Management will not exceed any sums of money which Slatz Yatch Management has received under this Agreement.

10	Indemnity

10.1	You agree to indemnify and keep indemnified, Slatz Yatch Management and its employees, servants, agents or contractors from any and all loss, liability or damage and any Claims arising out of or in connection with the performance of the Services.

11	Insurance

11.1	You agree that whilst we are carrying out the Services in accordance with this Agreement, you will keep and maintain an adequate, and reasonable level of insurance which covers:
(a)	damage, theft, fire, flood, or any other damage which could reasonably occur; and
(b)	any additional or other insurances as specified in item 8 of the Schedule.

11.2	Additionally, if we provide skipper services, such as driving (by sea or any other water way), a boat or other marine vessel from one location to another, you will keep and maintain adequate insurance which covers the following:
(a)	Slatz Yatch Management;
(b)	any other person, including, but not limited to, any licensed skipper which Slatz Yatch Management employs or contracts with to perform the Services on behalf of Slatz Yatch Management; 
(c)	a distance of not less than 250 nautical miles from the coastline; and
(d)	any additional or other insurances as specified in item 8 of the Schedule.

11.3	You are solely liable for all premiums and excess which may be payable with respect to any insurance policy which you take out, or are required to take out, under this clause.

11.4	You must provide to us within seven (7) days of a written request from us, any and all documents, including written confirmation from an insurance company of an active, in place policy, which we require under this clause.

11.5	Should you fail or refuse to comply with clause 11.5, we may either:
(a)	cease performing the Services; alternatively
(b)	terminate this Agreement,
at our election.

11.6	For the avoidance of doubt, nothing within this Agreement makes us liable for:
(a)	any insurance premium, or excess payable in respect of any insurance policy; or
(b)	any damage arising out of, or in connection with, an Insurable Event.

12	Refunds

12.1	On occasion, we may provide a refund of monies already paid to us for change of mind or any other reasonable reason, when such a request is made to us:
(a)	in writing; and

(b)	using the Refund Request Form contained within and marked ‘Annexure A’ to this Agreement.

12.2	Refunds are:
(a)	at our sole discretion; or

(b)	otherwise in accordance with any consumers rights which you may have under the Australian Consumer Law or any other law.

12.3	The amount of any refund we may provide to you will be calculated as follows:
The amount paid to us (x) – the amount of work already performed, or materials purchase, whether or not already paid in accordance with this Agreement (y) (the Refund Amount).

Example: 3.00 (x) - $2.00 (y) [$2.00 of work has been performed] = the Refund Amount will be $1.00.

12.4	You will only be entitled to a refund in accordance with this clause, if the sum of X is greater than the sum of Y as set out in clause 12.3 herein. If the sum of Y is greater than X, you will be liable to us for the difference of those two sums.

12.5	Nothing within this Agreement is to be taken or construed as limiting any other consumer rights you may have under the Australian Consumer Law or any other law.

12.6	For the avoidance of doubt, to the extent that any term or condition contained within this Agreement is contrary to the Australian Consumer Law or any other law under which you may have a remedy, including, but not limited to, a full or partial refund, the Australian Consumer Law or the other law shall apply.

13	Termination

13.1	You cannot terminate this Agreement without our written consent.

13.2	If we agree to terminate this Agreement, you will remain liable for:
(a)	our costs incurred up to, and including, the date of termination; and
(b)	the costs of any Materials which we have purchased on your behalf, as part of performing the Services.

13.3	If we terminate this Agreement and are in possession of Materials which have not been used or consumed in performance of the Services, we can deliver those Materials to you, at your expense.

13.4	We may terminate this Agreement if you fail or refuse to make payment of an amount due and payable in accordance with this Agreement.

14	Decision making powers, etc

14.1	From time to time, we may contact you to seek your consent and instructions in circumstances where the scope of work requires alteration or variation, for any reason which we reasonably believe, in the circumstances, requires variation, alteration, addition, or removal, including, but not limited to, in circumstances involving emergencies.

14.2	You agree that, after we have made reasonable attempts, in the circumstances, to contact you in accordance with your details provided herein, and if no contact is made, we may make any decision which we reasonable believe is appropriate, including but not limited to:
(a)	purchasing additional equipment, parts, materials, etc;
(b)	varying the equipment, parts, or materials, etc;
(c)	varying the scope of works,
and that you agree to pay any additional costs or expenses associated with any decision made under this clause.

15	General provisions
 
15.1	Force Majeure
(a)	Neither Party has any liability under or may be deemed to be in breach of this agreement for any delays or failures in performance of this agreement which result from a Force Majeure Event.
(b)	The Party affected by these circumstances must promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so.
(c)	If such circumstances continue for a continuous period of more than 3 months, either Party may terminate this agreement by written notice to the other Party.

15.2	Amendment
This agreement may:
(a)	only be amended in writing signed by duly authorised representatives of the Parties; 
(b)	be amended by us in accordance with this Agreement; or
(c)	be amended by us where such amendment is reasonably necessary to comply with the law.

15.3	Assignment
(a)	Subject to clause 15.3(b), neither Party may assign, delegate, subcontract, mortgage, charge or otherwise transfer any or all of its rights and obligations under this agreement without the prior written agreement of the other Party.
(b)	A Party may assign and transfer all its rights and obligations under this agreement to any person to which it transfers all of its business, provided that the assignee undertakes in writing to the other Party to be bound by the obligations of the assignor under this agreement.

15.4	Entire agreement
(a)	This agreement contains the whole agreement between the Parties in respect of the subject matter of the agreement.
(b)	The Parties confirm that they have not entered into this agreement on the basis of any representation that is not expressly incorporated into this agreement.

15.5	Waiver
(a)	No failure or delay by the Slatz Yatch Management in exercising any right, power or privilege under this agreement will impair the same or operate as a waiver of the same nor may any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege.
(b)	The rights and remedies provided in this agreement are cumulative and not exclusive of any rights and remedies provided by law.

15.6	Agency, partnership etc
(a)	This agreement will not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the Parties other than the contractual relationship expressly provided for in this agreement.
(b)	Neither Party will have, nor represent that it has, any authority to make any commitments on the other Party’s behalf.

15.7	Further assurance
Each Party to this agreement must at the request and expense of the other do all things reasonably necessary to carry out the provisions of this agreement or to make it easier to enforce.

15.8	Severance
If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and will not in any way affect any other circumstances of or the validity or enforcement of this agreement.

15.9	Notices
A notice or other communication connected with this agreement has no legal effect unless it is in writing. In addition to any other method of service provided by law, the notice may be sent by pre-paid post to the address of the addressee as set out in this Agreement, or sent by email to the email address of the addressee.
15.10	Law and jurisdiction
This agreement takes effect, is governed by, and will be construed in accordance with the laws from time to time in force in the State of Queensland. The Parties submit to the non-exclusive jurisdiction of the courts of the State of Queensland.

Executed as an agreement on

Executed by MHLN Pty Ltd (A.C.N. 679 488 165) in accordance with section 127 of the Corporations Act 2001 (Cth)

Executed by You:
(a)	as a natural person; 
(b)	if a corporation, in your capacity as a director of a company in accordance with section 127 of the Corporations Act 2001 (Cth)
Click the box below to agree to all terms

SCHEDULE
Item 	Description 	
1		
Slatz Yatch Management	Name:	Mitchell Slattery
Address:	PO Box 8
Condong 
NSW 2484

Email:	info@slatzym.com.au
Telephone	0408 028 908

3		Fee	$          (excluding GST)
4		Deposit	
5		Services

6		Materials

7		Hourly Rate	$130 (excluding GST)
        Day Rate $1000 (Excluding GST) 
8		Insurance	
9		Commencement Date	
10		Completion Date

ANNEXURE A

REFUND REQUEST FORM

If you have requested a refund for any reason, and we have agreed to refund you in accordance with this Agreement, we require certain information from you to ensure that any amount refunded to you is received by you, and not another person due to incidents involving cyber fraud events.

Accordingly, to allow us to process any refund (in accordance with the Agreement), we require the following:

1.	100 points of ID (we will tell you what forms of ID we need and are acceptable). We ordinarily follow the Australian Federal Police’s National Police Check 100 Point Checklist for Identification Documents;

2.	A bank statement showing the account from which the funds were transferred to us;

3.	Your bank details, which we ask that you please insert as follows:

BSB:		______________________

Account No.	______________________

Account name:	______________________

4.	Your signature in the below signature box.

Signature of customer:		_________________________

Date:				_________________________

Disclaimer

(a)	We respect your privacy, and:

(i)	will comply with any applicable laws, including, but not limited to, the Privacy Act 1988 (Cth) and the Australian Privacy Principles; and

(ii)	will not use your documents for any other purpose other than to identify that you are our customer, and that the transaction and refund request is legitimate. Once we have processed the refund in accordance with this Agreement, we will delete your identity documents.

(b)	Please ensure your bank details as specified in item 3 above, are correct. We take no responsibility should any refund be deposited into the wrong account.

I AGREE TO THE TERMS AND CONDITIONS OF THE ABOVE AND AUTHORISE SLATZ YACHT MANAGEMENT TO CHARGE MY CREDIT CARD.

I AGREE TO THE TERMS AND CONDITIONS OF THE ABOVE AND AUTHORISE SLATZ YACHT MANAGEMENT TO CHARGE MY CREDIT CARD.

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