SUMMIT ONE: TERMS AND CONDITIONS
Welcome to www.summitone.com.au (our Site).
Summit One provides SMS messaging services, including the transmission of SMS messages to end
recipients on behalf of clients. Clients may configure and request the sending of messages through
the platform, and Summit One facilitates the delivery of those messages via telecommunications
networks and associated service providers.
Summit One may manage or facilitate the use of Sender IDs for message delivery in accordance with
applicable telecommunications regulations
Our Site gives you an opportunity to browse services offered by CHQM8 GROUP PTY LTD ACN 625
029 432 trading as Summit One Media (we, us, our, Summit One Media) to you (Client).
These Terms and Conditions (Terms) govern your use of our Site, our Products and Services, and
form a binding contractual agreement between us, and you.
These Terms are important and should be read carefully. Any questions about these Terms must be
directed to us in writing at richardw@summitone.com.au before using our Site, buying our Products or
engaging our Services.
- ACCEPTANCE OF TERMS
1.1. We will provide you with a copy of these Terms and with a quote (Quote) before you
engage our Services, as detailed in clauses 6-15.
1.2. By paying any amount to us in respect of the Products and/or Services or otherwise
instructing us to proceed with the Products and/or Services in writing, you acknowledge that
you have read and understood the Terms and the Quote and agree to be bound by them,
and all our other policies including (as updated from time to time).
1.3. Should you request further Services to be provided, after receiving the initial Quote, we will
provide you with an amended quote and provided you agree to be bound by the amended
quote together with our Terms, as at that date, we will render the Services.
1.4. All Quotes are valid for thirty (30) days from the date on the Quote. - VARIATIONS TO TERMS
2.1. We reserve the right, in our sole discretion, to vary, change or amend any part of these
Terms.
2.2. In that event, we will provide notice of the variation by publishing the updated Terms on
our Site.
2.3. The updated Terms will be taken to have effect on the date of publication.
2.4. Your continued purchase of our Products, Services and the Site constitutes your acceptance
of the updated Terms and is taken as your agreement to be bound by these
updated Terms.
2.5. Should you object or disagree to the Terms, you can contact us at
richardw@summitone.com.au and discontinue your use of the Products and/or Services.
- ADDITIONAL WORK
3.1. Any requested additions to our Services, made after you have received and accepted our
Quote (Additional Work) will incur additional charges or fees and we will provide a further
quote for Additional Work (Further Quote).
3.2. You agree that the fee for Additional Work shall be as stated in the Further Quote and
payable in accordance with clause 5.1.
3.3. All Additional Work must be submitted and approved by both parties in writing by email. - PRICES/FEES
4.1. All prices for our Products and Services are in Australian Dollars (AUD).
4.2. All prices are inclusive of GST (if applicable) unless indicated otherwise. Prices exclude
delivery charges and customs duty and other taxes (if applicable).
4.3. All prices are subject to change without notice.
4.4. We reserve the right to modify, cancel and limit any Service or work at any time.
4.5. The Quote that we provide to you covers the Service(s) and Product(s) as stated in the
Quote. - PAYMENTS
5.1. We will send you invoices for our Services in the manner stated in the Quote. You agree to
pay the invoices using the payment method specified in the Quote within thirty (30) days of
receiving such invoices.
5.2. All invoices must be paid in accordance with clause 5.1. Failure to pay any invoices within
the stipulated payment period may mean that we do not provide any further Products or
Services until payment is made. We will not be liable for any loss suffered by you as a result
of such suspension or termination.
5.3. Some of our payments are operated through an online and automated billing system
(Online Payment). Where your payments are made via Online Payment:
(a) you agree to ensure sufficient funds are available in your nominated account to meet any
account withdrawals made by us on their scheduled due dates; and
(b) if payment defaults or is not received, you authorise us to debit any outstanding funds
from your nominated account without need for notification at a future date.
5.4. Where another agent or company is debiting funds pursuant to an arrangement entered into
with us, you also affirm the same rights and undertakings explained in these Terms to them.
5.5. We reserve the right to suspend or terminate any Product or Service, at our discretion, if
payment has defaulted.
5.6. We reserve the right to on-sell, assign or novate your debt or otherwise authorise a debt
collection or other agency to collect any amount not paid by you.
5.7. We reserve the right to inform credit watch monitoring services of ongoing defaults trends or
payment-avoiding strategies employed where we deem it is appropriate.
5.8. We endeavour to work with clients who have financial difficulties to seek that debt recovery
action is not required. If you have financial difficulties or require a payment plan throughout
the Term, please contact us to discuss.
5.9. We reserve the right to apply interest at the General Interest Charge applied by the ATO
(which is currently a rate of 10.65% per annum) to all tax invoices that are more than thirty
(30) days overdue.
5.10. Where payments remain outstanding for more than thirty (30) days, we reserve the right to
assign any debts payable to a third party without consultation with the Client.
- SMS & EMAIL PLATFORM
6.1. See clause 9 regarding the registration of your details.
6.2. You acknowledge and agree that Summit One may implement processes, controls and
restrictions necessary to comply with the Telecommunications (SMS Sender ID Register)
Industry Standard 2025, related ACMA requirements, and any requirement of a participating
telecommunications provider, upstream provider, EMSP partner or international partner used
in connection with the Services.
6.3. Before enabling your account to send any SMS or MMS message using a Sender ID on
behalf of a relevant entity, Summit One may, and where required by law will, verify whether
that Sender ID is registered in the SMS Sender ID Register for that entity.
6.4. If a Sender ID is not registered, Summit One may, and where required by law will, disrupt the
message, including by causing it to be labelled “Unverified”, and may suspend, restrict or
refuse use of that Sender ID or the relevant account.
6.5. Before enabling any Sender ID or sending any Sender ID message, Summit One may
require you to provide evidence reasonably satisfactory to Summit One that Summit One is
authorised by the relevant entity to send messages using that Sender ID and that the person
requesting activation, approval or sending is authorised by that entity.
6.6. Summit One will not enable your account to send Sender ID messages for a relevant entity
unless Summit One has confirmed, to its reasonable satisfaction, the registration and
authorisation matters referred to in this section.
6.7. If ACMA, the Register operator, an upstream provider or any competent authority notifies
Summit One that it is no longer authorised to send messages using a Sender ID for an entity,
Summit One may immediately disable the relevant Sender ID, suspend or restrict the
relevant account and cease sending messages using that Sender ID without notice.
6.8. You must ensure that access to any account, user profile, workflow or function enabled to
send Sender ID messages is limited to authorised representatives of the relevant entity.
Summit One may require identity verification, multi-factor authentication or other access
controls before granting, restoring or maintaining access.
6.9. Subject to applicable law, Summit One will not send a Sender ID message to a
telecommunications provider that is not a participating telecommunications provider.
6.10. You acknowledge that ACMA may remove, suspend, revoke or otherwise affect a
Sender ID entry in the Register where ACMA is satisfied that the Sender ID is offensive,
misleading, deceptive, spoofing or where ACMA otherwise considers removal appropriate,
and that such action may occur without prior warning or an opportunity for Summit One or
the Customer to be heard, to the extent permitted by law.
6.11. If Summit One becomes aware of a suspected scam message, suspicious Sender ID activity,
or conduct that may breach applicable laws or regulatory requirements, Summit One may
investigate the matter, restrict or suspend the relevant account or Sender ID, and report the
matter to ACMA or other relevant providers or authorities where required or reasonably
necessary
6.12. You acknowledge that Summit One may collect, compile, retain and report
information to ACMA and other authorities, including complaint data, the total number of
Sender ID messages sent using registered Sender IDs and the total number of Sender ID
messages using unregistered Sender IDs that were disrupted. You must promptly provide
any information and assistance reasonably requested by Summit One in connection with any
audit, investigation, regulatory request or reporting obligation.
6.13. Without limiting any other right under these Terms, Summit One may immediately
suspend, restrict, disable or terminate any Sender ID, approval, feature, user access,
account or message flow where Summit One reasonably considers this necessary to comply
with law, regulatory directions, Register requirements, upstream provider requirements, fraud
prevention or network integrity obligations.
- DISCLAIMERS
7.1. General Disclaimer
(a) We offer a number of Services and Products on our Site.
(b) You acknowledge and agree that each Service or Product offering may have different
terms, prices and fees, as displayed on our Site or as contained in any contract entered
into with you and us for the provision of those Services.
(c) We provide the Services on an “as-is” and “as available” basis and whilst every effort is
taken to ensure the content provided and the Website is accurate, we make no
representations and give no guarantees or warranties about the currency, suitability,
reliability, availability, timeliness and/or accuracy of the content and the Website for any
purpose.
(d) You acknowledge and agree that we, our employees, affiliates and representatives are
not responsible for any consequences, undesired or otherwise, that may flow from your
engagement of our Services.
(e) We cannot and do not make any guarantees about your ability to achieve results or earn
any money by engaging our Services. You acknowledge that there is an inherent risk
and uncertainty in any business enterprise or online activity and agree there is no
guarantee that you will achieve results or earn any income as a result of engaging our
Services.
(f) Any testimonials and examples of our Services wherever published (online or in print)
are not to be taken as a guarantee that you will have the same or similar results.
(g) We expressly disclaim any and all Claims arising from any representations made,
whether express or implied, or reliance upon any representations made in relation to our
recommendations, or information supplied to you. You also acknowledge and agree to
hold us harmless for any loss suffered as a result of our recommendations and
information supplied in connection with our Services.
(h) We make no warranty, representation, or guarantee regarding the suitability of our
Products and Services for any particular purpose, nor do we assume any liability
whatsoever arising out of the application or use of any Product. You shall not rely on any
data and Product specifications provided by us. It is your responsibility to independently
determine suitability of any Products and to test and verify the same.
(i) You acknowledge and agree that each Product offering may have different terms, prices
and fees, as displayed on our Site or as contained in any contract entered into with you
and us for those Services.
(j) Any timelines or delivery dates provided by us on an estimated basis only. We make no
guarantee that these timelines or delivery dates will be met as there may be interfering
factors beyond our control, and we are not responsible for any delay in the delivery of
Products.
(k) You acknowledge that some of our Products are created based on instructions,
information and/or images provided by you and you acknowledge and agree that we are
not responsible if those instructions, information and/or images contain errors or poor
quality images which are incorporated in the Product we deliver to you.
(l) We rely on you to supply the written content and we therefore do not warrant the quality
or accuracy of the results.
(m) We are not liable for any loss, delay, suspension, disruption, revocation or inability to
send arising from any act or omission of ACMA, the Register, an upstream provider or
any participating provider acting to comply with applicable law or regulatory direction.
(n) We may take any action reasonably necessary to comply with applicable Sender ID
laws, Register requirements or provider requirements, including suspending or restricting
a Sender ID, account or message flow, and will not be liable to you for doing so.
- FINANCIAL RESULTS AND PROFITABILITY DISCLAIMER
9.1 We cannot and do not make any guarantees about your ability to achieve results or earn any
money with our content, ideas, information, tools, or strategies. You acknowledge that there is
an inherent risk and uncertainty in any business enterprise or activity and agree there is no
guarantee that you will achieve results or earn any money as a result of your purchase of our
Products and/or Services.
9.2 Any financial representations referenced by us on the Site, in our courses, videos, forums or
during the provision of our Services are illustrative of concepts only and should not be
considered as promises for actual or future performance.
9.3 We shall not be liable, under any circumstances whatsoever, for any loss of business, profits
or goodwill, loss of use of data, interruption of business, or for any indirect, special, incidental
or consequential damages of any character, that result in any way from your use or inability to
use our Services. - REGISTERING YOUR DETAILS
9.1. Before you purchase our Products and/or Services, we may ask you to register an account
with us.
9.2. All details used to register an account with us must correspond to the business for which
you are registering an account. We do not accept personal contact information for the
registration of your account (e.g., unregistered public email addresses from Gmail, Bigpond,
Yahoo or Hotmail).
9.3. Emails from public domains will need to be verified with Summit One Media.
9.4. Any account registered with an unverified email address will be deleted.
9.5. You must provide accurate, complete, and up-to-date registration information, as requested,
and it is your responsibility to inform us of any changes to your registration information.
9.6. We may at any time request a form of identification to verify your identity.
9.7. If you are a registered user or member to this Site, you acknowledge and agree that:
(a) you are solely responsible for the protection and maintaining the confidentiality of any
password or member identification that may be issued to or subscribed for by you from
time to time (Password);
(b) you will not reveal (or cause to be revealed through any act or omission) your Password
to any other person;
(c) you will immediately notify us if your Password is lost, is in a data breach, or becomes
known to any other person; and
(d) you are solely responsible for all access to and use of this site via your Password,
whether such access or use is by you or any other person.
9.8. To the extent that you provide personal information, we will treat such information strictly in
accordance with our Privacy Policy.
9.9. You must ensure the security and confidentiality of your registration details, including any
username and/or Password. You must notify us immediately if they become aware of any
unauthorised use of your registered details.
9.10. You will not let any other person use your Password or any registered user member
Services.
- YOUR OBLIGATIONS
10.1. During the delivery of our Services, you agree to:
(a) respond promptly to our communications in relation to the Services;
(b) provide, within a reasonable amount of time, accurate, complete and current information,
documentation, or media assets reasonably required by us to perform the Services; and
(c) act in good faith.
(d) comply with all applicable telecommunications, marketing and messaging laws,
standards and regulatory requirements in connection with any Sender ID messages sent
using the Services;
(e) ensure that any Sender ID submitted, configured or used through the Services is valid,
registered where required, and used only with proper authority from the relevant entity;
(f) promptly notify Summit One of any suspected scam, spoofing, misleading message, loss
of authority, or unauthorised use relating to your account or any Sender ID.
10.2. When providing our Services, we may request that you provide us with responses,
feedback, completed questionnaires, copy content, images and other information so we can
best deliver our Services. You agree that you will provide any such information in a timely
manner. Any delays in receiving this information may result in the Services being unable to
be provided by us to you.
10.3. See clause 14.5 for further obligations.
- CONFIDENTIALITY
11.1. Each party (Recipient) must keep confidential and not disclose any Confidential Information
(which is or has been disclosed to the Recipient by the other party, its representatives or
advisers), or these Terms, except:
(a) where the information is in the public domain as at the date of these Terms (or
subsequently enters the public domain other than by breach of any obligation of
confidentiality binding on the Recipient);
(b) if the Recipient is required to disclose the information by law, provided that the Recipient
has to the extent practicable having regard to those obligations and the required timing
of the disclosure, consulted with the provider of the information as to the form and
content of the disclosure;
(c) where the disclosure is expressly permitted under these Terms or is required to give
effect to these Terms;
(d) if disclosure is made to its personnel to the extent necessary to enable the Recipient to
properly perform its obligations under these Terms or to conduct their business
generally, in which case the Recipient must ensure that such persons keep the
information confidential and do not disclose the information to any other person;
(e) where the disclosure is required for use in legal proceedings regarding these Terms; or
(f) if the party to whom the information relates has consented in writing before the
disclosure is made.
11.2. Each Recipient must ensure that its personnel comply in all respects with the Recipient’s
obligations under this clause.
11.3. Definitions
(a) Confidential Information of a party means all information (in any form):
(i) relating to or arising from the Products and Services;
(ii) that concerns that party’s business operations and which any reasonable
person would consider to be of a confidential nature (such as trade secrets,
methods, strategies, client lists, pricing, and other business processes);
but does not include information that:
(A) is or becomes independently developed or known by a party through no
breach of these Terms by that party; or
(B) becomes publicly available, without breach of these Terms.
11.4. This clause survives termination or expiry of these Terms.
- INTELLECTUAL PROPERTY AND MORAL RIGHTS
12.1. Intellectual Property Rights in Contract Materials and Existing Materials
The parties agree that:
(a) you will own all rights in and to the Contract Materials, as defined below, including any
Intellectual Property Rights which subsist in the Contract Materials or which may be
obtained from the Contract Materials created from the date you engage our Services;
(b) to the extent necessary to give effect to this clause, we will assign all of the Intellectual
Property Rights in all Contract Materials to you at the completion of the provision of our
Services; and
(c) we retain ownership over the Existing Materials, as defined below, and you
acknowledge that you do not acquire any ownership rights by using the Existing
Materials.
12.2. Moral Rights
(a) To the extent permitted by applicable law, we unconditionally and irrevocably:
(i) consent to the following acts or omissions in respect of all Contract Materials
created by us in the course of providing the Services:
(A) any use of the Contract Materials that does not identify us as the author;
(B) falsely attributing the authorship of the Contract Materials or any content of
the Contract Materials to you;
(C) materially altering the style, format, colours, content or layout of the
Contract Materials and dealing in any way with the altered Contract
Materials;
(D) reproducing, communicating, adapting, publishing or exhibiting the Contract
Materials, or
(E) adding any additional content or information to the Contract Materials; and
(ii) waive all of our Moral Rights in the Contract Materials.
12.3. Definitions
For the purpose of this clause:
(a) Contract Materials means materials, including but not limited to, works, ideas,
concepts, documents, designs, developments, improvements, systems, accounts
created for you or other materials or information created, made or discovered by us in
the course of providing the Services:
(i) in the course of providing our Services; and/or
(ii) as a result of using your resources (including the Confidential Information and
Intellectual Property Rights).
Contract Materials do not include our work methodologies, reviews and reporting
documents, sources, third party websites and the links contained therein, licensed
software, programs, accounts belonging to us or created for other clients, licences to
third party service providers, which we may provide to you from time to time in relation
to our Services.
(b) Existing Materials means materials, including, but not limited to, our works, work
methodology, reports, ideas, concepts, designs, inventions, developments,
improvements, licences to third party service providers, licensed software, accounts
belonging to us or created for other clients, systems, other materials, documents,
information, sources, programs, accounts, created, made or discovered by us prior to
providing our Services to you or outside the scope of our Services that we use or supply
in the course of the provision of our Services.
(c) Intellectual Property Rights means all present and future rights conferred by law in or
in relation to copyright, trade marks, designs, circuit layouts, plant varieties, business
and domain names, inventions and confidential information and other results of
intellectual activity in the industrial, commercial, scientific, literary or artistic fields
whether or not registrable, registered or patentable. These rights include:
(i) all rights in all applications to register these rights;
(ii) all renewals and extensions of these rights; and
(iii) all rights in the nature of these rights, such as Moral Rights.
(d) Moral Rights means:
(i) rights of integrity of authorship or performership;
(ii) rights of attribution of authorship or performership;
(iii) rights not to have authorship or performership falsely attributed;
(iv) conferred by the Copyright Act 1968 (Cth); and
(v) rights of a similar nature that exist, or may come to exist, anywhere in the world.
12.4. This clause 22 survives termination or expiry of these Terms.
- COPYRIGHT AND TRADE MARK NOTICES
13.1. All material on this Site (Our Content) is subject to copyright. While you may browse or
print Our Content for non-commercial, personal or internal business use, you must obtain
our prior written consent if you would like to use, copy or reproduce Our Content. Any
modification of Our Content for any other purpose is a violation of our copyright and
proprietary rights, and is strictly prohibited.
13.2. You acknowledge that you do not acquire any ownership rights by using the Site or Our
Content.
13.3. The trademarks, logos, and Service marks displayed on our Site to denote our brand are
our (either registered or unregistered) trade marks (Our Marks). Our Marks may not be
used in connection with any product or service that does not belong to us, in any manner
that is likely to cause confusion with clients, or in any manner that disparages us.
13.4. Nothing contained on this Site should be construed as granting, by implication, estoppel or
otherwise, any license or right to use any Our Marks without our express written permission.
13.5. You agree that damages may be an inadequate remedy to a breach of these Terms and
acknowledge that we will be entitled to seek injunctive relief if such steps are necessary to
prevent violations of our Intellectual Property Rights.
13.6. This clause survives termination of these Terms. - RIGHT TO SUSPEND, TERMINATE AND REFUND
14.1. We reserve the right to suspend or terminate your use of the Site or our Services generally if
you breach these Terms, as determined by us in our sole discretion.
14.2. Either party may terminate your use of our Site and/or Services by providing to the other
party a minimum of seven (7) days’ written notice, unless otherwise specified in any specific
Product or Service terms or contract you have entered into with us.
14.3. If you terminate our Services early (prior to your Services being completed), you
acknowledge and agree that the outstanding fees for the Services completed are payable.
We will issue an invoice for all work accessed or completed (as the case may be) in the
course of providing our Services up to the time and date that written notice was given to us
that the Services were cancelled.
14.4. Refunds are not provided for our Products and/or Services, whether accessed by you or not,
unless we are in breach of the Australian Consumer Law, as set out in Schedule 2 to the
Australian and Competition Act 2010 (Cth) (Australian Consumer Law).
14.5. Any refund requests will be assessed on a case-by-case basis, in accordance with the costs
associated with each Product or Service delivered by us, or otherwise where we determine
in our sole discretion that genuine value has not been received or is not able to be received
by you.
- SECURITY AND CHARGE
15.1. In consideration of us agreeing to supply the Services, you charge your rights, title
and interest (whether joint or several) in any land, realty or other assets capable of being
charged, owned by you either now or in the future, to secure the performance by you of your
obligations under these Terms (including, but not limited to, the payment of any money).
15.2. You indemnify us from and against all of our costs and disbursements including legal
costs incurred in exercising our rights under this clause.
15.3. You irrevocably appoint us and each director of CHQM8 Group Pty Ltd as your
attorney to perform all necessary acts to give effect to the provisions of this clause 25
including, but not limited to, signing any document on your behalf. - NON-EXCLUSIVITY
16.1. You acknowledge and agree that we may at all and any times provide our Services to other
Clients in the same or similar industry as you.
16.2. We do not provide our Services to any client on an exclusive basis.
16.3. We will endeavour to protect the Confidential Information you provide us in accordance with
our Privacy Policy. - DISCOUNTS, PROMOTIONS AND OFFERS
17.1. From time to time, we may offer the opportunity to purchase our Services at a discounted or
promotional price, subject to these Terms.
17.2. Any discounts, promotions and offers will be confined to the time period and additional terms
of sale in accordance with the details of that respective discount, promotion and/or offer as
published online from time to time on our Site.
- LIABILITY IS LIMITED
18.1. We provide our Products and Services on an “as is” basis and without any warranties,
representations, or conditions of any kind, whether express, implied or statutory, to the
extent permitted by law. Subject to the other terms of this clause, we exclude all rights,
representations, guarantees, conditions, warranties, undertakings, remedies or other terms
in relation to the Services that are not expressly set out in these Terms to the maximum
extent permitted by law.
18.2. Without limiting the generality of clause 28.1, we expressly exclude any liability in contract,
tort or otherwise for any injury, damage, loss, delay or inconvenience caused directly or
indirectly by your use of our Products and Services.
18.3. Subject to the other terms of this clause, our maximum aggregate liability owed to you in for
any loss or damage or injury arising out of or in connection with the supply of our Services
under these Terms, including any breach by us of these Terms however arising, under any
indemnity, in tort (including negligence), under any statute, custom, law or on any other
basis (the Matter), is limited to the invoiced amounts paid by you under these Terms in the
one (1) month period preceding the Matter giving rise to the claim.
18.4. The disclaimers, limitations of liability and indemnities within these Terms do not exclude
rights that may not be excluded by law, including but not limited to, those rights under the
Australian Consumer Law.
18.5. If we are liable to you in relation to a failure to comply with a guarantee that applies under
Division 1 of Part 3-2 of the Australian Consumer Law that cannot be excluded, our liability
to you for that failure is limited to, at our option, the resupply of the Services or the payment
of the cost of resupply.
18.6. Subject to the other terms of this clause, we exclude any liability owed to you, whether in
contract, tort (including negligence) or otherwise, for any special, indirect or consequential
loss arising under or in connection with these Terms, including any loss of profits, sales or
business, production, agreements, business opportunity, anticipated savings, loss of or
damage to goodwill or reputation or loss of use or corruption of data or information.
18.7. This clause applies to the fullest extent permitted by law and shall survive termination of
these Terms. - YOUR INDEMNITY
19.1. You agree to indemnify us and our officers, agents, partners, directors, shareholders and
employees and subcontractors against any direct losses, liabilities, costs, charges or
expenses and all interest, penalties and legal costs (calculated on a full indemnity basis)
and all other reasonable professional costs and expenses suffered or incurred by us arising
out of or in connection with:
(a) your use of our Products and Services;
(b) any claim made against us or you by a third party arising out of or in connection with the
provision of our Products, Services and/or these Terms;
(c) any breach of these Terms by you, including any failure to pay any invoices on time;
(d) the circulation, distribution or publication of any information or materials provided by you
being contrary to law;
(e) any reliance by you or a third party on our Products or Services or any advice or
information provided in connection with the provision of our Products or Services and/or
these Terms; and
(f) the enforcement of these Terms.
19.2. You must make payments under this clause in full without any set-off or counterclaim, and
without any deduction in respect of taxes unless prohibited by law.
19.3. We are not responsible, and expressly limit our liability to the extent permitted by law
(without limitation to your rights under the Australian Consumer Law) for damages of any
kind arising out of use, reference to, or reliance or use on any information contained within
our Site or by engaging our Services.
19.4. This clause survives the termination of this agreement.
- NO DISPARAGEMENT
20.1. At all times, you must not make any public or private statement or comment, whether oral or
in writing, which in our reasonable opinion is adverse to the interest, reputation or
commercial standing of, or is in any respect a disparaging remark or representation about
us and/or any of our Services, nor any statement that is false and does, or has the tendency
to, damage our reputation. This includes any statement or comment made by any method
including, but not limited to, any social media platform or any review website anywhere in
the world.
20.2. Should you breach this clause, you hereby agree to indemnify us in accordance with clause
29 above. - ELECTRONIC TRANSACTIONS
21.1 Electronic signatures shall be deemed accepted by either party pursuant to the Electronic
Transactions Act 2000 (Cth).
- FORCE MAJEURE
22.1. We will not be in breach of these Terms or liable to you for any Loss incurred, or that you
may incur, as a direct result of our failing to perform our Services or being prevented,
hindered or delayed in performing our Services under these Terms where such prevention,
hindrance or delay results from a Force Majeure Event.
22.2. If a Force Majeure Event occurs, we will notify you in writing as soon as practicable and that
notice must state the particulars of the Force Majeure Event and the anticipated delay.
22.3. On providing the notice in the above clause, we will have the time for performance of the
affected obligations extended for a period equivalent to the period during which performance
has been delayed, hindered or prevented. However, we will continue to use all reasonable
endeavours to perform the Services and any related obligations.
22.4. The performance of the affected obligations will be resumed as soon as practicable after
such Force Majeure Event is removed or has ceased.
22.5. Force Majeure Event means events, circumstances or causes beyond a party’s reasonable
control including (but not limited to):
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, cyber-attack, service attack, terrorist attack or threat of
terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence or other natural disaster;
(d) epidemic, pandemic, health emergencies, disease;
(e) impossibility of the use of railways, shipping, aircraft, motor transport or other means of
public or private transport;
(f) interruption or failure of utility services (including the inability to use public, private
telecommunications networks, servers or third party hosting platforms); and
(g) the acts, decrees, legislation, regulations or restrictions of any Government Agency;
however does not include a lack of funds.
22.6. Loss means any loss, liability, cost, charge, expense, tax, duty or damage of any nature
whatsoever, including special, incidental, or consequential damages, losses or expenses
(howsoever arising or caused, including, without limitation, negligence). - SEVERABILITY
23.1. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the
invalidity of such provision shall not affect the validity of the remaining provisions of these
Terms, which shall remain in full force and effect.
- NO ASSIGNMENT
24.1. You cannot transfer or assign your rights in accordance with these Terms, including any
membership or registration with us, without our prior written consent.
24.2. We may assign or transfer our rights and obligations under these Terms at any time, upon
prior written notice to you of at least four (4) calendar weeks. - SUB-CONTRACTING
25.1. We are free to sub-contract any of our obligations under these Terms, but such
subcontracting will not release us from our liabilities under these Terms. - BINDING ON SUCCESSORS
26.1. These Terms shall be for the benefit of and binding upon the parties and their heirs,
executors, successors and permitted assigns. - DISPUTE RESOLUTION
27.1. If a dispute arises between the parties in relation to these Terms, the dispute must be dealt
with in accordance with this clause.
27.2. Any party claiming that a dispute exists must notify the other party to the dispute (Second
Party) in writing of the nature of the dispute.
27.3. In the case of claims against us, all notices are to be provided to
richardw@summitone.com.au.
27.4. If the dispute is not resolved by agreement within ten (10) Business Days of the Second
Party receiving the notice referred to above, either party may refer the matter to mediation
conducted by a mediator agreed between the parties within a further ten (10) Business Days
or failing agreement within that period, as appointed by the executive director for the time
being of the Australian Disputes Centre.
27.5. Once a mediator is appointed, the parties agree that:
(a) The costs of the mediator shall be borne equally between the disputing parties.
(b) The chosen mediator shall determine the procedures for mediation.
(c) The chosen mediator will not have the power or authority to make any other
determination in relation to the dispute.
27.6. If the parties have not mediated a resolution of the dispute within ten (10) Business Days of
the selection of a mediator, neither party shall be obliged to continue any attempt at
mediation under this clause, and either party may then commence such legal proceedings
as it considers fit in relation to the dispute.
27.7. Nothing in this clause prevents a party from commencing proceedings seeking urgent
interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s
reasonable opinion, it is necessary to protect their rights.
27.8. Despite the existence of a dispute the parties must continue to comply with their obligations
under the contract.
27.9. This clause survives termination of these Terms.
- NOTICES
28.1. If we make changes to the Quote, we will use reasonable endeavours to notify you of
this change before the change comes into effect (Notice). We may provide notice by
contacting you at the last number you provide to us and/or writing to you at the last email
address you provided us.
28.2. In addition to any other method of service provided by law, a notice may be sent by
prepaid post, email or courier to the address of a party as set out in the Quote, this
agreement or as subsequently notified.
28.3. A notice is deemed to have been delivered and received on the day if by hand,
courier or email or otherwise on the second Business Day after posting. - WAIVER
29.1. A failure to exercise or a delay in exercising any right, power or remedy under these
Terms does not operate as a waiver. A single or partial exercise or waiver of the exercise of
any right, power, or remedy does not preclude any other or further exercise of that or any
other right, power or remedy. A waiver is not valid or binding on the party granting that waiver
unless made in writing. - APPLICABLE LAW
30.1. These Terms shall be construed in accordance with and governed by the laws of New South
Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales
to determine any matter or dispute which arises between us. - ENTIRE AGREEMENT
31.1. Subject to any subsequent agreements you may be required to enter with us, these
Terms constitute the entire agreement between you and us and supersedes all prior
agreements, conduct, representations and understandings. You confirm that you have not
entered into this agreement on the basis of any representation that is not expressly
incorporated into this agreement.
- SEVERANCE
32.1. If any part of these Terms becomes void or unenforceable for any reason, then that
part will be severed and, to the extent possible, all remaining parts will continue with full force
and effect without being affected by the severance of any other parts. - COUNTERPARTS
33.1. These Terms may be executed in any number of counterparts, each of which when
executed and delivered constitutes a duplicate original, but all counterparts together
constitute one agreement. - YOUR FEEDBACK
34.1. We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall
treat any information you provide us with, as non-proprietary and non-confidential. Please
see our Privacy Policy for further details.
34.2. If you have questions or comments regarding this Site or our Services, please email us at
richardw@summitone.com.au. - DEFINITIONS
The following definitions shall, unless otherwise specified, apply to these Terms:
35.1. Business Day means a day that is not a Saturday, Sunday or public holiday in New
South Wales.
35.2. Claims means any claim, demand, proceeding (including dispute resolution
proceeding), suit, litigation, action or cause of action of any kind and whether arising in
contract, tort (including negligence), in equity, under statute or otherwise, and whether
ascertained or unascertained, or immediate, future or contingent.
35.3. Client means any person or company engaging us to provide Products or Services
pursuant to these Terms and includes your agents and permitted assigns (all of which are
referred to as “you” or “your”).
35.4. CMS means content management system.
35.5. Confidential Information has the meaning given in clause 21.3.
35.6. Contract Materials has the meaning given in clause 22.3.
35.7. Existing Materials has the meaning given in clause 22.3.
35.8. Force Majeure Event has the meaning given in clause 32.5.
35.9. Functionality means features, capabilities and interactive elements offered as part of
the Products and/or Services.
35.10. General Interest Charge means the penalty interest rate charged by the Australian
Taxation Office to unpaid tax liabilities.
35.11. Intellectual Property Rights has the meaning given in clause 22.3.
35.12. Loss has the meaning given in clause 32.5.
35.13. Moral Rights has the meaning given in clause 22.3.
35.14. Privacy Policy means the privacy policy contained on our website, as updated from time
to time.
35.15. Products means the description of the products as described in the Quote.
35.16. Project Delivery Date means the agreed date by which the Products and/or Services will
be delivered to the Client by us.
35.17. SEO means search engine optimisation.
35.18. Search Engine means a computer program that sources information on the internet by
searching the words inputted.
35.19. Search Engine Ranking means the specific position a website or webpage occurs in
search engine results pages.
35.20. Services means the description of the services as described in the Quote.
35.21. Site means the website of Summit One Media, located at the URL summitone.com.au, as
updated from time to time.
35.22. Term means our term of engagement under these Terms and the Quote.
35.23. Website Design Service(s) means the services offered in clauses 6-13, as amended from
time to time.
35.24. Website means the website created for the Client under these Terms.
35.25. URL means uniform resource locater.
35.26. Your Content means the content of the Client that is directly related to the goods and
services offered by them that may appear in any Search Engine results.
- INTERPRETATION
36.1. (documents) a reference to a document is to the document as varied, amended,
supplemented, novated or replaced from time to time;
36.2. (headings) clause headings are inserted for convenience only and do not affect the
interpretation of these Terms;
36.3. (person) a reference to a person includes a natural person, corporation, statutory
corporation, partnership, and any other organisation or legal entity and their permitted
novatees, permitted assignees, personal representatives and successors;
36.4. (including) including and includes (and any other similar expressions) are not words
of limitation and a list of examples is not limited to those items or to items of a similar kind;
36.5. (corresponding meanings) a word that is derived from a defined word has a
corresponding meaning;
36.6. (singular and plural) the singular includes the plural and the plural includes the
singular;
36.7. (gender) words importing one gender include all other genders;
36.8. (legislation) a reference to legislation or any legislative provision includes: (a) any
modification or substitution of that legislative provision; and (b) any subordinate legislation
issued under that legislation or legislative provision including under that legislation or
legislative provision as modified or substituted;
36.9. (GST) words or expressions used which are defined in the A New Tax System
(Goods and Services Tax) Act 1999 (Cth) have the same meaning in these Terms;
36.10. (time and date) a reference to a time or date is to the time and date in Sydney, Australia;
36.11. (consents) in the case of any consent being required under these Terms, such consent
may be given or withheld in the absolute discretion of the party required to grant any such
consent and subject to any conditions, unless specified otherwise;
36.12. (relevance of timing) in these Terms, any reference to a date or time is to be considered
as time of the essence unless specified otherwise;
36.13. (joint and several) an agreement, representation, covenant, warranty, right or obligation:
Summit One Media: Terms & Conditions 2026 The CHQM8 Group Pty Ltd
(a) in favour of two or more persons is for the benefit of them jointly and severally; and
(b) on the part of two or more persons binds them jointly and severally;
36.14. (replacement bodies) a reference to a body that ceases to exist or whose powers or
functions are transferred to another body is the body that replaces it or that substantially
succeeds to its powers or functions; and
36.15. (Australian currency) a reference to dollars or $ is to Australian currency.