Hachiko Service Terms and Conditions

Please read these terms and conditions carefully before using Our Service.  For the purposes of these Terms and Conditions:

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Hachiko Pty Ltd ACN 159 809 257 (and its subsidiaries), 111a Union Street, McMahons Point, NSW 2060 Australia.

Service refers to the Services delivered by the Company as outlined in Your quotation in relation to implementation of an engagement and loyalty program, delivery of a marketing service, fulfilment of a reward or any other custom service outlined.

Studio Policies refers to the design and approval process when utilising Our creative design studio.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use or receiving of the Service.

Third-party means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

By accessing or using Our Services You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not use Our Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of Our Services is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy can be found at www.hachiko.com.au/privacy-policy/ and describes Our policies and procedures on the collection, use and disclosure of personal information in accordance with the Privacy Act.

Terms of Engagement

We will provide Services as outlined in a quotation approved by You.  The quotation will outline the agreed fees and payment schedule.   Any costs that arise in addition to the approved quotation will be first approved in writing by You before being incurred.

You may, from time to time, require Us to perform additional Services.  We will provide You with an estimate of fees for the additional Services and will commence delivery of the additional Services only once You have approved the quotation in writing.

The fees which will be invoiced to You at the end of each month will be in accordance with the approved quotation and are payable within 30 days of invoice date unless previously agreed. 

A review of fees will be conducted annually following the commencement date of your engagement.

Your Obligations

You are required to review and approve Your logo usage, all creative assets and written materials to ensure compliance with Your corporate brand guidelines. You are also required to review and approve all terms and conditions and execution plans that relate to the Service being delivered to ensure compliance with Your company policies and all statutory and regulatory requirements.

You confirm that any Personal Information data provided by You to Us, has been collected in accordance with the Privacy Act.

Studio Policies

A complete and approved brief is required for any new work to commence.  The following policies outline the standard revisions and edits to be delivered as part of this work.

Written & Graphical Edits

You will be provided with a draft copy and You are able to make one round of refinements. This must be done in a manner that consolidates the edits of all members of your team. You will be shown the edited work and are able to make one further round of refinements prior to the final review & sign off.  Additional revisions will be charged at $300 per hour.

Video Edits

You will be shown the Rough-Cut video and are able to make one round of refinements prior to the final edit. This must be done in a manner that consolidates the edits of all members of your team. Additional refinements will be charged at $300 per hour.

Website Development

During phase 1 Planning & Development, You will be provided with the proposed website wireframe, design and navigation structure and are able to make one round of refinements.  This must be done in a manner that consolidates the edits of all members of your team. Following these edits an updated wireframe, design and navigation document will be resubmitted to the client for approval before development begins.  Once development begins changes to the navigation, design or site layout will incur additional fees charged at $300 per hour.

During phase 2 Content Review, You will be provided with a link to review the completed website to review the content and is able to make one round of refinements.  This must be done in a manner that consolidates the edits of all members of your team.  Client will be shown the updated website and is able to make one further round of refinements prior to the final review & sign off. Additional revisions will be charged at $300 per hour.

Rewards/Prizes/Product Fulfilment

Suppliers

The Company shall be solely responsible for managing Our preferred suppliers and will use best endeavours to ensure that these suppliers perform their obligations under any supply contracts, including delivery, product warranties, defects and complaints.

Product Warranties

Warranty rights for products redeemed will be passed to the recipients of the rewards/prizes.

Product Returns

Neither the Company nor Our preferred suppliers are bound to accept a used or opened product in exchange for a refund or credit, however We will make all efforts to accept a product return on the basis that it will be acceptable by the relevant supplier.

Loss or liability

To the maximum extent permitted by law, the Company excludes all warranties, terms, conditions, undertakings, representations and consumer guarantees (express, implied, statutory or otherwise). In relation to any condition, warranty, representation or consumer guarantee implied or provided by law that cannot be lawfully excluded, where permitted by law, the Company’s liability is limited, at the sole discretion and option of the Company, to the minimum obligations or liabilities permitted by law (such as resupplying the services or paying the cost of resupplying the services). To the maximum extent permitted by law, the Company is not liable to you in any circumstances for any indirect, economic, special or consequential loss or damage, or in any event for any loss of revenue, loss of production, loss of profit or loss of data.

Confidentiality & Intellectual Property

All material developed by Us to deliver a Service for You, will become the sole and exclusive property of You.

All personal and contact data and confidential information provided to the Company during the course of the Service will be destroyed no later than five (5) years after the completion of the Service unless requested earlier.

The Company will keep strictly confidential any and all information or data in whatever form disclosed to it by You and will not publish or otherwise divulge or share the same with any third party unless required by law.

The Company shall not be liable for any breach of the above confidentiality obligation by any of its present or former employees, agents or contractors.

The Company shall not be liable for any breach of Third-Party Intellectual Property rights in using any information provided by You.

Termination

Default

An Event of Default occurs when a party fails or refuses to perform its duties as specified in this agreement and that failure is not remedied to the reasonable satisfaction of the other party within 30 days of receipt of written notice of such default delivered to the defaulting party by the other party.

Either party may terminate this Agreement upon:

    1. an Event of Default occurring with respect to the other party;

or

      1. You advising Us that You wish to terminate the Agreement on giving Us a minimum of 90 days written notice. Such notice shall not be given prior to the end of the initial term of the Service.

or

      1. If the other party becomes insolvent or bankrupt, or is in or goes into receivership or liquidation.

Variations

Except as expressly provided for in this Agreement, no variation or amendment of this Agreement shall be effective unless it is in writing and signed by a duly authorised representative of each party.

This Engagement shall be governed by the laws of New South Wales and the parties agree to submit to the unconditional jurisdiction of the courts of that state for the determination of any disputes that cannot be resolved amicably.