Party A: Vendor
Party B: Parties2Weddings
PARTY A agrees to pay PARTY B as per the Membership Information section, subject to the terms and conditions below:
Parties2Weddings Contract Structure:
a. Start Date: From the date of contract signed
b. Termination Notice Period: 60 days
Parties2Weddings, operates as a website (www.Parties2Weddings.com.au) designed to generate enquiries & booking requests for vendors in Australia and Internationally. In return for confirmed business through the qualified leads generated from Parties2Weddings, Party A will pay Party B a commission, booking fee or agent price as per the agreed Fee Structure in Membership Information section with the following understanding:
- Qualified Leads: A qualified lead due to the result of marketing efforts of Parties2Weddings both online & offline, wedding expos, direct campaigning, print media etc, a Customer can contact Party A directly or indirectly using such as enquiry form on Party B website, an email, or enquiry from Party B’s Wedding Concierge Team etc. Party A is responsible for closing the lead once received.
- Independent Contractor: Party B is in all aspects an independent contractor and not an employee, partner of subsidiary of Party A.
- Platform: Parties2Weddings is an innovative e-commerce platform and has a right to adjust pricing on the packages, markup based on the market conditions and demand to allow us to invest in huge opportunities, marketing, social media, growing our team and technologies to create the best products possible.
- Payment Method: Party A agrees to pay agreed commission as per the fees schedule for all bookings generated through Party B within 14 days, once the event or wedding deposit is paid. Party A will notify Party B of every booking made. Party A agrees to keep Party B informed on all discussions with the Customer. Party B can verify the invoice amounts directly with the Customer and also reserves the rights to check on updates on all leads with Party A. In case of customer chose the option to pay 50% payment via Online Booking, Party A must collect remaining funds from the client prior to the event or at the time of event including any additional charges such as travel charges. After the event, Party B will deduct the agreed booking or commission fee and transfer the remaining funds to the vendor through the chosen method of payment within 10 business days.
- Contract duration: This agreement will last for agreed period starting from the date of signing and continues until the agreement is cancelled in writing with 60 days notice. Party A must pay all fees from all leads that were generated prior to contract end date, even if the event date or transaction/payment takes place after the contract end date. Termination of this contract does not prejudice Party B right to commission charges from Party A as part of this contract.
- Packages: Packages offered for Party B shall be lower or equal to the pricing offered by Party A to any other platforms including the pricing on Party A’s company website.
- Liability: The liability of Party B whether in contract, tort or otherwise for any loss, damage, expense or injury incurred or suffered by the Customer or a third party arising directly or indirectly as a result of any act or omission including any provision of the services or any other breach of Party B’s obligations under the quotation or this agreement shall not in any event exceed an amount $100 to the amount Party B payable under this agreement and the quotation.
- Undertaking Services: Party A shall perform the services under this Contract in an efficient, professional, and ethical manner, and will avoid any conflict of interest with the services, obligations and responsibilities of the Party A under this Contract.
- Indemnity: Party A indemnifies Party B against any and all claims and costs arising from any breach of law or statute, act or omission on the part of the promoter or its agents; and against claims arising from cancellation, postponement, interruption, or non-performance of an event.
- Disputes and legislation: Any disputes or claims, which may not be resolved amicably between the parties hereto shall be settled by arbitration in Australia as per Victoria State Laws. Both parties agree to act in good faith in view of generating additional wedding revenue.
- Termination: Party B is entitled to terminate this contract agreement; removal of listing in the event of breach of contract, fraud, or in the situation that Party A is filing for bankruptcy without notice. Termination under this clause does not prejudice any claim which either party may have against the other party at the time of termination.
- Cancellation Terms: The parties acknowledge that the customer may cancel or postpone the event on any or the entire event dates owing to inclement weather conditions, natural calamities, pandemic or for any cause beyond the reasonable control of the customer and Party A is to liaise with the customer directly in finding a suitable resolution as per the structure in section – Deposit, Cancellation & Postponement Terms.
- Content: By uploading the content & photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that Party B may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as Party B at its discretion sees fit. You are granting Party B a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sub license, communicate and make available the photos/images as Party B at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, property owners) due to Party B publishing and using these photos/images. Party B does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of Party B. Party B disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by Party B at any time and without prior notice.
Parties2Weddings is trading as Factory9 Pty Ltd (ACN 609 085 403) under ABN: 32303540724