Terms and Conditions

1. General Terms of Agreement

An agreement (Agreement) is comprised of these terms and any Order Confirmation entered into between List Local (we, us, our) and the relevant client noted on the Order Confirmation (you, your).
If you are entering into this Agreement on behalf of a company or person that you represent, you warrant that you have the requisite authority to do so. Incorrect authority will not be accepted as a reason for cancellation of the agreement.
These Terms and Conditions may be amended from time to time. The latest version of these Terms and Conditions is available at www.listlocal.com.au. You agree to these Terms and Conditions when entering any Order Confirmation, and on renewal of the Order Confirmation or any Services.
All listings and services have a minimum listing period of 12 months.

2. Provision of Services

We will;
1. use reasonable endeavours to make the services available for your use; and
2. provide the services with reasonable skill and care and in accordance with this Agreement.
We may make changes to the Services from time to time. These changes may include updates, new releases, and changes to the user interface. Once incorporated, these changes form part of the Services.

3. Term & Renewal

Each Order Confirmation/Agreement:

Commences on the date WE agree, or as agreed on the Order Confirmation, or YOU agree, for a period of no less than 12 months after any trial periods of the agreement.
After the expiration of each listing period, the agreement will be deemed to be ongoing, and you will be automatically renewed for a further 12-month period. This will only be except when 30 days written notice has been provided before the expiry of the existing term from that the customer stating that you no longer wish to continue or require an advertisement. In the event that the contract is ongoing we will continue to take payments with your current billing method, or we may issue a tax invoice in advance for each continuing 12 months advertising period. Payment for any renewal invoice will be required within 7 days or late fees may apply.

4. 30-Day Trial Period

Should you take up a 30-Day trial under any package:

a payment of $1.00 will be required on the day of commencement,
this payment can be made by credit card, direct debit, or direct deposit to our bank account,
at the end of the 30-Day trial the agreement will be deemed ongoing under the package specified on your Order Confirmation or Receipt, whereby your payment method will be used to honor the ongoing costs of the specified package for the minimum listing period of 12 months.

During the 30-Day trial, you may cancel at any time. Should you wish to cancel your trial and ongoing agreement within the 30-Day trial, you must advise us in writing prior to the end of the trial period. If written cancellation is received within the 30-Day trial period, a customer service representative will contact you regarding refunding the $1.00 trial fee.

5. Fees

You must pay the Fees in respect of the Services using one of the following options:

Payment Method	Details
Credit/Debit Card/Direct Debit	We will automatically debit the amount owing each month in advance and issue you with a tax invoice/ receipt.
Direct Deposit/Invoiced	Only for customers who wish to pay upfront for an advertising period of 12, 24 or 36 months will we issue a tax invoice. All other payments must be made by Credit/Debit Card or Direct Debit.

Where Fees are invoiced, each invoice must be paid within 7 days of the invoice date. We may send invoices via the email address set out in the Order Confirmation or to the billing address as requested by you. You acknowledge your responsibility to ensure that we have your most up to date address and billing information.
Any payments by credit card or direct debit are subject to you providing the relevant authority. . If you do not provide the relevant authority, we may immediately invoice you for the balance of all Fees payable under the relevant Order Confirmation.
When you provide your credit card or other payment information to us you represent:
1. that you are properly authorised to use the credit card or other payment method for payment of the Fees.
2. any Fees incurred by you will be honoured by your credit card company or other payment provider.
3. you will pay all Fees, including any applicable taxes; and
4. you will be responsible for an fees and charges associated with failed transactions/defaulted payments.
During the listing period, a customer may change the listing plan/package they are on for the remainder of their listing. If you change your plan/package, your monthly fee will be adjusted for the remainder of your listing period.
We reserve the right at our discretion, if you have overdue or outstanding amounts due, to collect payment of the Fees, via any payment method provided.
We reserve the right to direct debit your nominated bank account or credit card for any overdue amounts in accordance with the agreement.
If you default on your monthly payment as per your Order Confirmation, the remaining balance of your contract will be due. If your payment method is credit card or direct debit, your payment method will be charged for the remainder of your contract within 7 days.

6. Termination

We may terminate this Agreement or any Services:
1. if you do not pay any Fees in accordance with this Agreement,
2. if we terminate your agreement for non-payment of fees due, the remaining balance of your contract will be due for payment in full.
You may terminate this agreement or any services, however:
1. cancellation must be provided in writing,
2. if you cancel within the 12-month listing period, the cancellation fee is the total remaining price for the listing period,
3. payment of the remaining balance must be made in full regardless of whether your listing is removed.
4. We will only remove a listing if the full outstanding amount has been paid for the remaining months in advance for the 12 months advertising period.

7. Your responsibilities

You must (and ensure that any End Users):
1. do all things necessary so that we are able to provide the Services in accordance with this Agreement, including but not limited to providing us with all necessary access to information we may need to provide the Service, including Your Materials.
2. maintain the confidentiality of each username and password allocated to you and any End Users and not disclose them to any third party.
3. use the Services in accordance with Applicable Law; and
4. use the Services in accordance with our Terms of Use policy
Your credit card information may be retained by us or the Payment Provider for the purpose of charging you the Fees. Your use of the Payment Provider's system is subject to any relevant user agreements and privacy policies of the Payment Provider.
Fees which do not appear on an invoice or which are not charged in a current billing period may be invoiced or charged in any future period due to our processing procedure.
Any money we receive from you (or which is paid on your behalf) may be applied by us in payment of any debt due to us by you under this or any other agreement between the parties.
If you do not pay any Fees or other amounts payable under this Agreement by the due date (or a payment is dishonoured), we may do one or more of the following:
1. exercise our rights to suspend Services or terminate the Agreement.
2. engage a debt recovery agent to recover the amounts outstanding.
3. institute legal proceedings against you to recover the amounts outstanding; or
4. use or disclose any Personal Information collected and recorded in relation to you to a third party to assist us in the process of debt recovery.

8. Your Materials

You may provide the following information to us:
1. information relating to your organisation and business processes.
2. material we require for the purpose of providing the Services, including any:
  1. artwork, logos trademarks, designs, names and the layout and composition of any advertisement provided to us and/or approved by you for publication; and
  2. content, such as data, videos, images, scripts, text, applets, links, and any information; and
  3. any other information which might be entered by you or provided via the services to us.
You are responsible for the integrity, accuracy, and quality of Your Materials.
We will follow our archiving procedures for Your Materials in accordance with our standard back up policy from time to time. In the event of any loss, corruption or damage to Your Materials, your sole and exclusive remedy will be for us to use reasonable endeavours to restore Your Materials that are lost, corrupt or damaged, from the latest of our back-ups of Your Materials. We are not responsible for any loss, destruction, alteration, damage, corruption, or disclosure of Your Materials.
You agree that we may use your name and trademarks, details of and the duration and value of this Agreement in our lists of customer references and marketing materials or otherwise on our website.

9. Warranties

Each party warrants that:
1. it has the authority to enter into and perform its obligations under this Agreement and any Order Confirmations; and
2. this Agreement and any Order Confirmations have been duly executed and are legal, valid, and binding agreements enforceable against it.
You warrant and represent that:
1. you have not relied on any representation we have made which has not been stated expressly in this Agreement or upon any descriptions, illustrations or specifications contained in any document including an Order Confirmation, catalogues, or publicity material which we have provided to you.
2. you have all necessary consents to transfer Personal Information to us through your use of the Services.
3. You have sole responsibility for ensuring the accuracy of all information.
You agree and acknowledge that you have sole responsibility for ensuring the accuracy of all information provided to us and warrant and undertake to us that your employees assisting in the execution of an Order Confirmation have the necessary skills and authority to do so.
You agree:
1. That you have purchased and will not use any Services for personal, domestic, or household use or consumption.
2. and accept full risk and responsibility for your use and End Users use of the services.

10. Liability & Indemnities

You agree that we are not liable to you under this Agreement or otherwise for any loss or liability however arising for loss of profits, delay, loss or corruption of data, loss of reputation, loss of business, loss of use, loss of business opportunities, loss of anticipated savings, loss of good will or for any type of indirect, incidental, consequential, or special loss or damage which may be suffered or incurred, or which may arise directly or indirectly in relation to this Agreement.
Where legislation implies in this Agreement that any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty must be treated as included in this Agreement. However, our liability for any breach of the condition or warranty is limited, at our option, to one or more of the following:
1. the supplying of the services again; or
2. the payment of the cost of having the services supplied again.
You indemnify us, our employees, agents and Related Bodies Corporate against all expenses, claims, damages, demands and liabilities (including, but not limited to, all reasonable costs, expenses, and lawyer's fees).

11. Confidentiality

A party must not, without the prior written approval of the other party, disclose the other party’s Confidential Information except as necessary to perform obligations or exercise rights under this Agreement or any Order Confirmation. Each party must take all reasonable steps to ensure that its employees and agents, and any subcontractors engaged for the purposes of this Agreement or any Order Confirmation, do not make public or disclose the other party’s Confidential Information.

12. Miscellaneous

This Agreement shall be binding upon you and inure to the benefit of the parties hereto any successor of us. For this purpose, successor means any persons, firm, corporation, or other business entity, which at any time, whether by purchase, merger or otherwise, directly, or indirectly acquires all of, or substantially all of the assets of us.
We may subcontract, assign, or outsource some or all the performance of any services under any Order Confirmation. We are not relieved of any of our liabilities or obligations under this Agreement by doing so. You may not assign or subcontract your obligations under this Agreement in any way.

Last Updated: 19 May 2021