Mailplus Service Agreement
These terms and conditions form part of the Client Contract between the Client and Mailplus.
2. Mailplus Delivery & Lodgement procedure
(a) Mailplus will provide the Services and/or Extra Services in accordance with the information set out in this Client Contract.
(b) Mailplus will use reasonable endeavours to delivery within the Delivery Time.
(c) The Client must ensure that the Delivery Address is attended by the Client or an appropriate representative at all times during the Delivery Time.
(d) If Delivery Address is unattended during the Delivery Time, in the absence of another agreed arrangement, Mailplus will hold the Mail Items for the Client and attempt to deliver the Mail Items at a later time. An additional Service Fees outlined in 3(e) will be incurred if Mail Items are held by Mailplus.
(e) Mailplus will use its best endeavours to pick up, deliver or lodge Mail Items at a Delivery Address during the Delivery Time. Any failure by Mailplus to do this does not constitute a breach of this Agreement.
(f) The client ensures that a duly authorised employee of the client has signed the service form to accept mail services. The client also acknowledges that by continuing to accept services, the company agrees to pay for these services in accordance with terms set out in this agreement.
3. Service Fee Payment
(a) Subject to this Client Contract, the Client will pay the Service Fee for all Services and/or Extra Services.
(b) Each month, Mailplus will provide a tax invoice to the Client for the Service Fee (Invoice). The Invoice will state the day on which payment is due (the Invoice Date).
(c) The Client must pay the Invoice within 15 days of the Invoice Date. Time is of the essence.
(d) Mailplus may vary the Service Fee on giving the Client 14 days’ prior written notice of the variation.
(e) Mailplus may charge fees specified below which are in addition to the Service Fee for Services and/or Extra Services if:
(i) Mail volumes exceed 16 kilograms ($2.75 for every additional 16kilograms or part thereof); or
(ii) if Mailplus is required to collect Registered Mail items ($2.20 per item) or Parcels items
($1.10 per item) on behalf of the Client; or
(iii) circumstances arise which render performance of the Services and/or Extra Services more difficult or costly for Mailplus and the Client did not notify Mailplus of these circumstances before the Client Contract was entered into; or
(iv) Mailplus is not granted prompt, free and unfettered access to the Delivery Address during the Delivery Time.
(f) If the Client does not have all Mail Items ready for pick-up during the Delivery Time, Mailplus will wait for the Mail Items for up to 5 minutes. Mailplus may charge an additional $11.00 for each 5 minutes that the Client requests Mailplus wait for the Mail Item.
(g) If the Client does not pay an Invoice in full within 30 days of the date of the Invoice Date, the customer acknowledges the right of Mailplus to charge an administration fee of $5.50 to be applied to the next invoice. Mailplus also reserves the right to act in accordance with condition 3(i) of this agreement.
(h) If the Client does not pay an Invoice in full within 90 days of the Invoice Date, the customer acknowledges the right of Mailplus to charge the Client a further $11.00 to be applied to the next invoice. Mailplus also reserves the right to act in accordance with condition 3(i) of this agreement.
(i) If the Client does not pay the Invoice in full within 30 days of the Invoice Date, Mailplus may:
(i) immediately cease to provide Services or Extra Services to the Client; and
(ii) keep the Client’s PO Box and DX box keys until all Invoices rendered by Mailplus to the Client are paid in full (regardless of whether all Invoices are due at that time).
(j) Mailplus may engage the services of an agent (including a debt recovery agent) to recover any unpaid Invoices and other amounts due to Mailplus under this Client Contract, and the Client will be responsible for all mercantile recovery fees applicable
(k) The Client indemnifies Mailplus for all expenses incurred and loss suffered because the Client breaches this Client Contract, including legal costs on a full indemnity basis, debt recovery agency costs and any other expenses.
(a) This Agreement may be terminated by either party providing 2 weeks prior written notice of termination to the other party (Notice Period).
(b) Subject to clause 3(i), Mailplus will:
(i) continue to provide the Services and/or Extra Services to the Client in accordance with this Client Contract throughout the Notice Period; and
(ii) issue an Invoice for any Service Fees accrued during the Notice Period.
(c) The Client remains liable for payment of the Service Fees during the Notice Period.
(d) Mailplus may request that the Services Fees for any Services or Extra Services to be provided in the Notice Period be paid in advance of the Services or Extra Service being provided.
(a) Mailplus service shall be provided on the basis that recourse for failure to provide Services, delay, loss of or damage to the Mail items carried shall be limited to an amount not exceeding the Service Fee payable by the Client to Mailplus.
(b) Mailplus shall have no liability to the Client for any loss, damage or expense the Client may incur including without limitation consequential loss as a result of any act or omission or delay by Mailplus.
(c) Mailplus shall not insure the Mail items.
(d) The Client will not consign through Mailplus any Mail Items which are dangerous, toxic or flammable or Mail Items in respect of which the possession by Mailplus constitutes an offence.
6. Banking services
(a) Mailplus shall provide services on the basis that recourse for loss, damage or injury to persons or property arising out of or in the course of or by reason of the performance of any of Mailplus’ work or Mailplus’ employees, agents or sub-contractors shall be limited to the amount that Mailplus’ insurance company agrees to pay for any claim.
(b) Where an Mailplus insurance claim is refused and it is found that Mailplus was not at fault then Mailplus’ liability is limited to an amount not exceeding the fee for service concerned.”
(c) Client shall be entitled to note its interest on the Contractor’s insurance policy.
(d) Any claim by the Client that Mailplus has breached this Client Contract must be made to Mailplus in writing within 3 days of the breach. Time is of the essence. Mailplus is not obliged to accept any claim if it is not lodged in accordance with this clause.
(a) Any provision in this Client Contract which binds more than one person, binds all of those persons jointly and each of them severally.
(b) Each obligation imposed on a party by this Client Contract in favour of another is a separate obligation.
(c) This Client Contract contains the entire understanding between the parties concerning the subject matter of this Client Contract and supersedes all prior communications between the parties.
(d) Each party acknowledges that, except as expressly stated in this Client Contract, that party has not relied on any representation, warranty or undertaking of any kind made by or on behalf of another party in relation to the subject matter of this Client Contract.
(e) Any provision of this Client Contract which is invalid in any jurisdiction must, in relation to that jurisdiction, be read down to the minimum extent necessary to achieve its validity, if applicable and be severed from this Client Contract in any other case without invalidating or affecting the remaining provisions of this Client Contract or the validity of that provision in any other jurisdiction.
(f) This Client Contract binds and benefits the parties and their respective successors and permitted assigns under clause 6(g).
(g) A party cannot assign or otherwise transfer the benefit of this Client Contract without the prior written consent of the other parties.
(h) This Client Contract cannot be amended or varied except in writing signed by the parties.
(i) This Client Contract is governed by and must be construed in accordance with the laws in force in New South Wales
and the parties submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia in respect of all matters arising out of or relating to this Agreement, its performance or subject matter.
(j) If this Client Contract consists of a number of signed counterparts, each is an original and all of the counterparts together constitute the same document.
(k) The Client agrees that all intellectual property used to fulfil any order or provide any service is owned by or licensed to Mailplus and remains the property of Mailplus despite any contribution by the Client.
(l) No waiver by Mailplus of any breach of these terms and conditions operates as a waiver of any other breach, and the doing and/or omission of any act, matter or thing whatsoever by Mailplus (which but for this clause ought or might amount to a waiver of Mailplus’ rights in respect of any such breach) does not operate as a waiver in any way of Mailplus’ rights and powers in respect of such breach.
(m) Any quotation given by Mailplus to the Client and any order given by the Client to Mailplus (which is accepted in writing by Mailplus) shall incorporate these terms by reference. If there is any discrepancy between such quote and/or order and these terms, the quote and/or order will prevail to such an extent as to resolve the dispute, but otherwise the terms will continue to apply.
(n) Mailplus may review its fees and charges periodically and advise in writing of any changes.
In this Agreement:
Client Contract means these terms and conditions together with the Service Commencement Form;
Client means the person to whom Mailplus provides Services and or Extra Services outlined in Client Contract information;
Corporations Act means the Corporations Act 2001 (Cth);
Delivery Address means the street or postal address (as the case may be) specified in the Client Contract information;
Delivery Time means the time between the earliest delivery time and latest delivery time outlined in the Client Contract information.
Extra Services includes registered mail, parcel service, waiting time, weight charges, express banking and special services as requested by the Client and agreed with Mailplus from time to time;
Government Agency means any government or any public, statutory, governmental (including a local government), semi-governmental, local governmental or judicial body, entity, department or authority and includes any self-regulatory organisation established under statute;
Law means principles of law or equity established by decisions of courts, statutes, regulations or by-laws of the Commonwealth, a State, a Territory or a Government Agency and requirements and approvals (including conditions) of the Commonwealth, a State, a Territory or a Government Agency that have the force of law;
Mail Items means any postal articles, documents, parcels and other items delivered by Australia Post;
Mailplus means Mailplus Business System Pty Ltd ACN 084 744 687, Mailplus Sydney Pty Ltd ACN 106 839 123, Mailplus Pty Ltd ACN 107 938 938, its directors, employees, officers, contractors, sub-contractors, agents and franchisees;
Services means the collection and delivery of Mail Items from the post office, document exchange, or other location as requested by the Client and agreed to by Mailplus in accordance with this Client Contract; and Service Commencement
Form means the document specifying the agreed services to be provided by Mailpljus to the client.
Service Fees means the amount payable by the Client to Mailplus for the performance of the Services and Extra Service rendered as outlined in this Client Contract information.