Terms and Conditions

1. Customers of ESTEEM PEOPLE MANAGEMENT agree to be bound by these Standard Terms and Conditions

2. Standard Terms and Conditions shall be subject to variation at the sole discretion of ESTEEM PEOPLE MANAGEMENT

3. Your use of ESTEEM PEOPLE MANAGEMENT indicates acceptance of these terms and conditions

Intellectual Property

4. All material produced by ESTEEM PEOPLE MANAGEMENT shall remain the intellectual property of ESTEEM PEOPLE MANAGEMENT, and subject to copyright

5. Material shall only be under the ownership of the Customer when this is agreed to by ESTEEM PEOPLE MANAGEMENT

6. You must not copy, modify, reproduce, communicate to the public, republish, frame, upload to a third party, post, transmit or distribute the works of ESTEEM PEOPLE MANAGEMENT in any way except as expressly authorised in writing by ESTEEM PEOPLE MANAGEMENT

7. You must not use material developed or provided by ESTEEM PEOPLE MANAGEMENT for any manner or purpose which is unlawful or in any way violates any way the right of the owner of the Copyright

8. All rights not expressly granted in these terms and conditions are reserved

Payment

9. Payment shall be made in full by Customers within terms specified on invoices

10. Payment shall be considered to be made in full when funds are cleared and paid into the ESTEEM PEOPLE MANAGEMENT nominated bank account

Service Delivery

11. ESTEEM PEOPLE MANAGEMENT shall ensure that services are provided by appropriately qualified professionals at all times

12. ESTEEM PEOPLE MANAGEMENT shall provide reports and accounts in line with Customer agreed timeframes

13. ESTEEM PEOPLE MANAGEMENT shall consult with Customers to establish Service Level Agreements, and services delivered shall be in line with the Service Level Agreement and agreed performance targets

Governing Law

14. This agreement shall be governed by and construed according to the laws of New South Wales, Australia without giving effect to any principles of conflicts of law

15. You agree to submit to the jurisdiction of the courts and tribunals of New South Wales by using the services of ESTEEM PEOPLE MANAGEMENT

Links

16. There will be times when material provided by ESTEEM PEOPLE MANAGEMENT contains pointers and links to internet websites operated by and material provided by third parties. These linked websites and this linked material is not under the control of ESTEEM PEOPLE MANAGEMENT , and ESTEEM PEOPLE MANAGEMENT is not responsible for the contents contained therein. These links are provided to you as a convenience only, and the inclusion of said link does not imply approval of material, sponsorship or endorsement of the third party website, by ESTEEM PEOPLE MANAGEMENT

17. ESTEEM PEOPLE MANAGEMENT makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on other websites to which Content is linked

18. You link to any such website entirely at your own risk

19. When visiting other websites you should not rely on this agreement and should refer to each such website’s individual terms of use

Advertising & Third Party Offers

20. Linked third party Websites at times include third party advertisements(including banner ads) which contain embedded hypertext reference links or which include referral buttons to websites operated by third parties or their licensees or contractors. ESTEEM PEOPLE MANAGEMENT takes no responsibility for these third party websites or third party advertisements posted on these linked Websites

21. In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by ESTEEM PEOPLE MANAGEMENT, and the third party advertiser is solely responsible to you for all aspects of processing and delivery of any goods or services you purchase on the third party website (eg. processing payments, cancellations and returns, and customer service and complaints)

22. On certain occasions, ESTEEM PEOPLE MANAGEMENT will provide you with the opportunity to purchase goods or services from third party suppliers or carriers (where ESTEEM PEOPLE MANAGEMENT does not offer the goods or services itself). ESTEEM PEOPLE MANAGEMENT does not accept any responsibility whatsoever for the acts or omissions of any such third party, and does not warrant the accuracy, completeness, or fitness for purpose of any such goods or services, or that such goods or services comply with all applicable product safety and consumer product information standards

23. Any purchase of goods or services you may make from any such third party represents a separate contract with that third party supplier for those goods or services. Such purchases may be subject to separate terms and conditions imposed by that third party supplier. It is your responsibility to determine the terms and conditions imposed by that third party supplier on any transactions you may carry out. ESTEEM PEOPLE MANAGEMENT is not in any way responsible or liable for any failure in relation to:

(a) the communication from you to that third party;

(b) that third party’s failure to deliver the goods or services ordered;

(d) the payment of any goods or services tax (or similar tax) payable on the supply by that third party of the goods or services or the importation of the goods and services by you; and

(e) any loss incurred by you through currency fluctuations when purchasing the goods or services from that third party

Disclaimer of Liability & Warranties

24. Rights and remedies in relation to the provision by ESTEEM PEOPLE MANAGEMENT of goods or services which cannot be excluded, restricted or modified (Non-excludable Rights) are conferred on you by The Trade Practices Act 1974 (Commonwealth) and similar State and Territory legislation in Australia. ESTEEM PEOPLE MANAGEMENT does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute

25. Except as provided for by the Non-excludable Rights:

(a) all Content is provided without warranties of any kind, either express or implied

(b) ESTEEM PEOPLE MANAGEMENT makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for a particular purpose of any Content

(c) ESTEEM PEOPLE MANAGEMENT does not warrant or represent that: (i) the Content of provided material will not cause any damage; (ii) the functions contained in any Content, or your access to linked third party Websites, will be reliable, uninterrupted or error-free; (iii) any defects will be corrected; or (iv) that the linked third party Websites or the server which stores and transmits Content to you are free of computer viruses or any other harmful components, defects or errors

(d) ESTEEM PEOPLE MANAGEMENT does not warrant or make any representation regarding:(i) any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise; (ii) the functionality of links to other websites, the security of those websites or the reliability or accuracy of the information contained on those websites

(e) you assume the entire cost of any necessary verification of any relevant Content which you wish to have verified

(f) you agree that you use the linked third party Websites and rely on material contained in these Websites at your own risk

26. Under no circumstances (including but not limited to any act or omission on the part of ESTEEM PEOPLE MANAGEMENT) will ESTEEM PEOPLE MANAGEMENT be liable for any loss or damages (including, without limitation, indirect, incidental, special or consequential or punitive damages and damages for loss of profits) whatsoever which result from any use or access of, or any inability to use or access, the services and materials provided by ESTEEM PEOPLE MANAGEMENT

27. To the fullest extent permitted by law, ESTEEM PEOPLE MANAGEMENT’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of ESTEEM PEOPLE MANAGEMENT to the following:

(a) in the case of services supplied or offered by ESTEEM PEOPLE MANAGEMENT: (i) the supply of the services again; or (ii) the payment of the cost of having services supplied again; and

(b) in the case of goods supplied or offered by ESTEEM PEOPLE MANAGEMENT: (i) the cost of repair of the goods; (ii) the cost of replacement of goods or the supply of equivalent goods; (iii) the payment of the cost of repairing the goods; or (iv) the payment of the cost of replacing the goods or acquiring equivalent goods

28. You agree to indemnify ESTEEM PEOPLE MANAGEMENT (its affiliates and their respective Employees and Officers) against any loss or damage suffered, or costs incurred, in connection with your use of the services provided by ESTEEM PEOPLE MANAGEMENT, or any breach of the Terms and Conditions or any other legal obligation

Severability

29. If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement will remain otherwise in full force apart from that provision which will be deemed deleted

30. ESTEEM PEOPLE MANAGEMMENT values its Customer relationships and will make every effort to resolve issues with the Customer; however reserves the right to terminate the Customer business relationship at any stage in the event that resolution is not achieved, such as non-payment of accounts within agreed terms