FAQ
1. The Gigahertz Group warrants That:
a) Gigahertz executes every contract as the facilitator of the provision of a Service and is not itself a party to the contract for the provision of services by the Service Supplier to the Promoter and accordingly cannot be held liable for any default by either of these parties vis a vis each other.
b) Transaction and Account Details are private and will only be communicated with the Authorised Contact. You agree to request communication with a third party in writing before we release your private details accordingly.
c) The Gigahertz Group reserves the right to vary its Trading Terms and will notify all changes in writing.
d) Gigahertz reserves the right to refuse to provide service without assigning explanation.
e) All invoices are inclusive of GST.
f) All invoices are payable in Australian Dollars unless otherwise stated in the Contract.
2. You warrant that:
a. Under any Agreement, you warrant that you have full power and authority to offer, sell, and honor all Event dates that you request Gigahertz to service.
b. You warrant that you value and honor the Gigahertz Event Production service and as such will not organize Event dates directly or via another source without paying 10% to Gigahertz if Gigahertz booked the performer or service in the previous 24 months.
c. You warrant that you guarantee that the Event is fit and proper for a safe and lawful conduct of all transactions.
d. You warrant that you agree to provide Gigahertz with the latest publicity for the Event date.
e. You warrant that you agree to be responsible for providing a copy of the necessary Public Liability Certificate of Currency as requested by Gigahertz.
f. You warrant that you agree to provide Gigahertz with an emergency contact phone number and email address.
g. You warrant that you agree that all Gigahertz registrations are subject to a credit check and you authorise Gigahertz to obtain personal and commercial credit information from credit reporting agencies about you and/or your company and its officers in order to process this application.
h. You warrant that you accept all responsibility for the protection and confidentiality of all Event documents that Gigahertz provides you in service. You agree to notify Gigahertz within 24 hours of any breach of this protection and confidentiality.
i. Gigahertz reserves the right to obtain a satisfactory criminal record check for any Artist, Promoter or Service Supplier in recognition of the public risks involved in the event that it is deemed necessary.
j. When you register with Gigahertz, you agree that we retain your personal information in a secure location to enable us to provide you with the service. At no time will your personal information be supplied to any third party.
k. You agree that Gigahertz will conduct user surveys to find out how we can create more opportunities to work together. We may share non-personal information about our users with partners or other third parties. But we will not sell personal information to, or share any personal information with, an unrelated party without your consent.
l. You agree that Gigahertz reserves the right to disclose to sponsors, advertisers and potential sponsors, and to others it sees fit, demographic information about its database, providing that this information does not in any way disclose the identity of any individual.
m. You give Gigahertz permission to include your company name in our list of associates, link to your website and services and add you to our database for all regular Administration and Publicity updates. You give us your permission to any offers of sponsorship and affiliate opportunities.
n. You agree you are an independent company. Gigahertz shall not provide any legal, accounting, or professional advice. You are not an employee, partner, shareholder, or director of Gigahertz.
o. You agree to pay all Gigahertz Invoices within seven days of receipt.
p. You agree that any administration mistakes made by you will incur an extra Gigahertz Fee outside of the standard charges. Each contract or reconciliation change incur a fee of $50.00 + GST.
q. You agree that you are obligated to contact Gigahertz and send written cancellation notice for ALL changes to event dates and times plus associated activities.
r. You agree that you are responsible to pay the administration charge for the reissue of paperwork due to changes that you have made to your concert dates.
s. You will indemnify GIGAHERTZ and hold GIGAHERTZ INDEMNIFIED against any claim made against GIGAHERTZ arising out of an event date authorised by you.
t. You accept Personal Responsibility and Liability for the Payment of All Monies Payable to Gigahertz for Services Rendered.
u. You guarantee that you understand the Gigahertz trading terms.
v. You agree that the Gigahertz Invoice is payable to Gigahertz without written authority and will not be affected by any stakeholder default.
w. YOU shall indemnify Gigahertz for any loss or expense incurred by Gigahertz arising out of a cancellation or non-performance.
3. Payment of Funds
a) Deposit 50% to be paid to Gigahertz within 7 days of service contract signing
b) Balance to be paid in full in cleared funds seven (7) days prior to the Event/Service Date
c) You guarantee that all Gigahertz Invoices will be paid within seven days of issue.
4. Payment Terms
a) Payment shall be made within the agreed terms or a late fee of 20% per month (compoundable daily) will be attracted to any outstanding amounts owed as from date of performance and which will be debited to your account. Payments made by Direct Deposit Only.
b) Credit facilities may only continue if payment is maintained in accordance with agreed trading terms. In the event of legal action eventuating, all administrative, collection and legal fees incurred by The Gigahertz Group during the process of action in recovery of the unpaid amount shall be borne by the Client in default. Fees include any costs and fees payable to any recovery or commercial agent and all other expenses incurred by The Gigahertz Group in the recovery of the amount due. Inability to pay within trading terms requires a Deferred Payment Application. GIGAHERTZ accepts no responsibility for any variables outside their control and will be unable to pay invoice until payment is received in full from the Promoter.
5. Confidentiality
a) All forms of commercially valuable information provided in all communications between both parties is kept in confidence and not disclosed unless it appears in the public domain. All stakeholders for both parties agree to comply with this clause.
6. Warranty
a) Both parties have the benefit of a warranty, expressed or implied, issued in relation to, or applicable to the services supplied that the services will be rendered with due care and skill and that the services will be reasonably fit for the purpose desired or are of such a nature and quality as may reasonably be expected to achieve the result. Both parties value the service provided by the other and make best efforts to provide this service in integrity. However neither Party can make representation those operations either of offices or websites will not be uninterrupted or error-free, nor will neither party be held liable for any interruptions or errors or their consequences.
7. Liability
a) Gigahertz is not a party to the contract and as such shall not accept liability for the contractual default of any party.
b) Gigahertz is not a party to the contract and as such shall not accept liability for ticketing cancellation charges in the event of a Promoter, Tour Administration, Artist, and Artist Management, National or State Agent default on a concert date.
c) Gigahertz is not a party to the contract and as such shall not accept liability for the default of any party which may cause loss or cost or damage to an enterprise of any stakeholder associated with the concert date.
d) Neither Party shall accept liability for any losses suffered or incurred by any act or omission of the other Party, its stakeholders, employees or officers.
8. Type of Agreement
a) This authority is an agreement between YOU and GIGAHERTZ which details specific trading terms between both companies.
b) This Agreement commences on the date that it is signed by both GIGAHERTZ and the Associate.
c) It is NOT an exclusive arrangement and remains in force until mutual written notice of ninety days to terminate by both parties.
d) There is no term.
e) This Agreement supersedes all previous proposals, both oral and written, negotiations, representations, writings and all other communications between the Parties and forms the foundation of all agreements of business between both parties.
f) Both parties may terminate this Agreement immediately by notice in writing should:
g) A Party dispose of the whole or any part of its assets, operations or business other than in the normal course of business;
h) A Party ceases to carry on business; or
i) A Party appoints a receiver and manager, a trustee in bankruptcy, a liquidator, an administrator or other like person over the whole or any part of the Party’s assets or business.
9. Disputes
a) This agreement is lodged in Queensland and as such is governed by this state’s laws. All disputes will be mediated by the Queensland Magistrates Court Mediation and Dispute Service. Should mediation fail to resolve the dispute within a 30 day period, the Parties shall be free to pursue other dispute resolution avenues.
10. General
a) This Agreement is governed by the laws of the State of Queensland, Australia and each Party submits to the exclusive jurisdiction of the courts of that state. This Agreement may not be assigned by YOU without the express written permission of GIGAHERTZ.
b) Variations or changes to this authority are to be done in writing by mutual consent by both parties.
c) There is no relationship of agency, partnership or employer and employee between You and Gigahertz.
d) This agreement is in place to protect all stakeholders within our network. Should there be any violation of these terms and conditions of business we reserve the right to suspend or cancel any account with no payment being made to such account.
e) To comply with this legislation, we require your written authority to provide every service required.
f) To ensure the integrity of our contracts and services, you agree to satisfy the terms and conditions noted in this Agreement.
