Terms & Conditions

The following terms and conditions apply to the Contract (see definition below) and each future request for the supply of services and/or materials received by the Agency from the Client (see definition below) unless otherwise agreed in writing. The communication of a request by the Client to the Agency for the supply of services and/or materials shall amount to the Client’s acceptance of these terms. These terms shall take precedence over any terms and conditions of the Client, whether attached to, enclosed with or referred to in any purchase order of the Client or elsewhere. They may not be varied except by written agreement between the Agency and the Client.

 

 

1: Definitions

 

In these terms and conditions, the following words shall have the meanings given in this clause:

 

1.1 ‘Agency’ means Cork and Contour, a business registered in Queensland ABN 33 945 154 883

1.2 ‘Client’ means the person/s booking a class/service with Cork and Contour;

1.3 ‘Contract’ means the contract consisting of any Deliverables agreed upon by the client and the Agency.

1.5 ‘Deliverables’ means the services and/or materials to be supplied by the Agency under this Contract, described in the Project overview section and in more detail in the Brief;

1.6 ‘Job cost’ means the fee to be charged by the Agency for the Deliverables as specified in any quote or estimate;

1.7 ‘Brief’ means the description of the specific class the client has chosen;

1.8 ‘Intellectual Property Rights ‘means all copyright and related rights, design rights (whether registered or unregistered), patents, rights in trade marks (whether registered or unregistered), database rights and any other intellectual property rights (including all similar or equivalent rights or forms of protection in any part of the world) in or relating to the Deliverables.

1.9: ‘Bystanders’ means anyone in the vicinity of the Deliverables that has not paid for the Deliverables.

 

2: The Agency’s obligations

 

The Agency will use its reasonable care and skill in the production and supply to the Client of the Deliverables as per the Brief and any other requirements identified in the introduction.

 

3: Payment

 

The Client shall pay the Job Cost in accordance with the agreed payment schedule, which is 2 days from the receipt of the invoice unless otherwise stated. Invoices will be raised and sent to the Client upon the booking request, once a date and time has been agreed upon by both the Client and the Agency. Without prejudice to any other right or remedy that it may have, if the Client fails to pay the Agency on the due date, the client’s booking date and time will be forfeited. For Makeup Service bookings, The Job Cost includes a $130 non-refundable booking fee. If the booking is cancelled within 14 days of the agreed upon date and time, 50% of the booking total will be forfeited. For Makeup Masterclass bookings, 50% of the Job Cost is required to secure the booking. This 50% is forfeited if the client cancels the class or ticket. In the case of a client not showing up for a class booking, the entire class fee is forfeited, though the no-show client may keep the makeup product purchased for them for that class.

 

4: Space and equipment

 

The Client agrees to have enough clear table space and chairs for each of the clients participating in the Cork and Contour masterclass.

 

5: Bystanders

 

There are to be no bystanders of any Deliverables. If there are any bystanders the Agency will not begin the Deliverables until any bystanders have left the area of the class.

 

6: Liability

 

Nothing in these terms and conditions shall exclude or restrict the Agency’s liability for death or personal injury resulting from its negligence, liability for fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.  All brushes and Makeup products are kept sanitary and are sanitized between every Deliverable. The client agrees to release the Agent from liability for any skin complications due to allergic reactions.

  

7: Confidential information

 

Neither party shall divulge any confidential information which is supplied to it about the other party in the course of this Contract or any pre-Contract discussions, other than information forming part of the public domain otherwise than through a breach of this clause or any other obligation of confidence.

 

8: Service Alterations

 

Services are completed to the best of the Agencies ability. When the Agent has replicated a makeup or hair look from the Clients agreed upon description or photo, and the client wants to change the style, the client is liable for another full service fee as the client is charged per service, not per person. 

9: Termination

 

Either party may by notice in writing to the other terminate this Contract forthwith upon the happening in the event that the Client shall fail to make any payment due under this Contract within 14 days after the due date. If the Agency for any reason terminates this contract, 100% of any payments made by the Client will be fully refunded. The Client agrees that 100% of payment refunded is the only liability to the Agent.

 

10: Matters beyond the Agency’s reasonable control

 

The Agency is not liable for any breach of this Contract caused by matters beyond its reasonable control including acts of God, fire, lightning, explosion, war, disorder, flood, industrial disputes (whether or not involving the Agency’s employees), weather of exceptional severity, health pandemics, or acts of local or central government or other authorities.

 

11: Entire agreement

 

This Contract is the entire agreement between the parties on the subject matter contained herein and supersedes all representations, communications and prior agreements between the parties in that regard.

Each party acknowledges that it has entered into this Contract in reliance only on the representations, warranties, promises and terms contained or expressly referred to in this Contract and, save as expressly set out in these terms and conditions, neither party shall have any liability in respect of any other representation, warranty or promise unless it was made fraudulently.

  

12: Governing law and jurisdiction

 

This Contract and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of the State of Queensland and applicable laws of the Commonwealth of Australia and the parties submit to the non-exclusive jurisdiction of the courts of that State and courts which hear appeals those courts.