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1.
Payment: The Customer must pay for all Services supplied by
Revert Group within 14 days of the issue of an Revert Group
invoice.
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2.
Interest: Revert Group is entitled to charge the Customer interest
on amounts not paid within the specified Invoice at a rate
equivalent to the civil court rate applicable in the state of NSW,
from invoice date until payment of the debt
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3.
GST: Each amount payable by the Customer under these Terms in
respect of a Taxable Supply by Revert Group is a GST exclusive
amount and on receipt of a tax invoice the Customer must, in
addition to that amount and at the same time, pay the GST payable
in respect of that supply. “Taxable Supply” and “GST” have the
meanings set out in the A New Tax System (Goods and Services)
Act 1999.
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4.
Withdrawal or variation of these Terms: Revert Group may at any
time, without the need to provide a reason, vary or withdraw or
amend these Terms.
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5.
Charge over Customer’s property: As security for payment
to Revert Group of all moneys payable by the Customer, the
Customer charges in favour of Revert Group all of the Customer’s
interests in freehold and leasehold property (both current and later
acquired). The Customer irrevocably appoints each Officer as its
attorney to do all things necessary to create and register each such
charge.
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6.
PPSA: Each party agrees that: (a) if Revert Group determines that
this document (or a transaction in connection with it) is or contains
a security interest for the purposes of the Personal Property
Securities Act 2009 (Cth) (“PPSA”), then Revert Group may make
any registration or notification under the PPSA in connection
with the security interest and the Customer may not make an
amendment demand in respect of that registration; (b) to the extent
the law permits: (i) Revert Group need not comply with, and the
Customer may not exercise any rights under, any provisions of
Chapter 4 of the PPSA that may be contracted out of; and (ii) the
Customer waives its rights to receive any notice that is required
by the PPSA (but this does not prohibit Revert Group from giving
such a notice); and (c) despite anything else in this document,
neither party may disclose any information in connection with this
document under section 275(4) of the PPSA unless section 275(7)
of the PPSA applies.
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7.
Suspension or Ceasing of Services: (a) Revert Group may in
its complete discretion and without incurring any liability to the
Customer, cease or suspend supply of Services to the Customer.
(b) Without limiting clause 7(a), if an Event of Default occurs,
Revert Group may, without prejudice to its other rights, call up
moneys owed to it by the Customer, retain all moneys paid on
account, or cease further works and recover from the Customer all
loss of profits arising therefrom.
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8.
Certification: A statement signed by an Officer certifying the
amount of any moneys payable by the Customer or identifying
any Services as “unpaid for” is, in the absence of manifest error,
conclusive and binding on the Customer.
the Customer ceases or threatens to cease carrying on business;
(d) “Officer” means each director, secretary, credit manager and
authorised representative of Revert Group; (e) “Services” means
all services supplied by Revert Group to the Customer; (f) “Terms”
means these General Service Terms.
Commercial Credit Information
I/We consent to and authorise Revert Group:
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a.
to request commercial credit reports containing information about
my/our commercial credit arrangements from commercial credit
reporting businesses for the purposes of assessing this application
and/or my/our commercial creditworthiness or in connection with
any related purpose or the attached Guarantee and Indemnity;
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b.
to give commercial credit reporting businesses information to
enable them to create and maintain information files containing
commercial creditworthiness information about me/us;
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c.
to disclose commercial credit reports or any personal information
derived from commercial credit reports, and any information about
my/our commercial credit arrangements to Revert Group, any
related bodies corporate of Revert Group, any agent of Revert
Group, any of my/our current or potential guarantors, and any
other current or potential provider of commercial credit to me/
us; and.to exchange information with other credit providers and
any collection agents of Revert Group, any of Revert Group’s
related bodies corporate and any current or potential provider of
commercial credit to me/us.
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9.
Notification of Change of Details: The Customer must notify Revert
Group of any change in its structure or management, including
any change of Director, shareholder, partnership, trusteeship or
address within 7 days of the change.
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10.
Continuing Guarantee: Any guarantee shall remain in force so long
as the Customer shall maintain an account with Revert Group. All
guarantees shall be continuing guarantees and will terminate only
in writing from Revert Group.
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11.
Set off: Revert Group may at any time set-off amounts owed by
Revert Group to the Customer against amounts owed by the
Customer to Revert Group.
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12.
Effect of other terms: These Terms are in no way affected by any
other express or implied terms contained in any terms of service
issued in relation to the provision of the Services. No terms of the
Customer apply to any agreement between the Customer and
Revert Group.
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13.
Expenses: The Customer must pay to Revert Group any costs,
charges and expenses (including all stamp duty and legal fees)
incurred by Revert Group in connection with the entry into these
Terms, the exercise or attempted exercise of any power, right or
remedy under these Terms, and the failure of the Customer to
comply with these Terms.
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14.
Trusts: These Terms bind the Customer both personally and as
trustee of any trusts of which the Customer is trustee
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15.
Severance: Each clause and subclause of these Terms is separate
and independent. If any clause or subclause is found to be invalid
or ineffective, the other clauses or subclauses or parts will not be
adversely affected.
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16.
Application of laws: The parties submit to the non-exclusive
jurisdiction of the State of New South Wales and the law applying
in that State is the proper law governing these Terms.
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17.
Definitions: In these Terms unless the context requires otherwise:
(a) “Customer” means the customer whose details appear in this
Application for Services; (b) “Event of Default” means any of the
following events: (i) the Customer fails to pay for the Services in
accordance with these Terms; (ii) the Customer is in breach of
these Terms; or (iii) if the Customer suffers an Insolvency Event;
(c) “Insolvency Event” means, for the Customer, as applicable (i)
if the Customer is a company, an order is made or a resolution is
passed for the winding up of the Customer; the Customer resolves
to appoint a receiver or provisional liquidator or an administrator, or
a receiver or provisional liquidator or an administrator is appointed;
the Customer goes into liquidation or makes an assignment or
an arrangement or composition with its creditors; the Customer
is unable to pay its debts, stops payment or is deemed insolvent
within the meaning of the Corporations Act 2001, or any analogous
event; (ii) if the Customer is a natural person, an order is made
for the Customer’s bankruptcy, or the Customer dies or becomes
mentally or physically incapable of managing his or her affairs or
an order is applied for or made to place the assets and affairs of
the Customer under administration, or any analogous event; (iii)
Acknowledgement
Declaration for the National Credit Code:
I/We declare that the credit to be provided to me/us by Revert Group is
to be applied wholly or predominantly for:
Privacy
I/We acknowledge that I/we need not give any of the personal
information requested in this application. However, without this
information it may not be possible to process this application or provide
me/us with an appropriate level of service.
By signing this application, I/we authorise Revert Group to collect,
maintain, use and disclose my/our personal information in the manner
set out in Revert Group’s privacy policy as varied from time to time. I/
we am/are aware that the policy is available on Revert Group’s website
www.Revert Groupcorporate.com.au or by request.
