Terms and Conditions

1.            AGREEMENT.   In this Agreement, the party who is contracting to receive the services shall  be referred to as the "Client" and the party who will be providing  the services shall be referred to as "Same Day Typing".  For  the avoidance of doubt, if the Client provides Same Day Typing with work  and/or instructions enabling Same Day Typing to carry out the Services, the  terms and conditions contained within this Agreement will bind both the Client  and Same Day Typing. 

2.            DESCRIPTION OF  SERVICES.  Same Day Typing will provide the services as set out in verbal or written communication (collectively, the "Services"):  The  Services must be supplied:

1. To the best of Same Day Typing's ability and knowledge.

2. In accordance with reasonable technical directions given by the Client to Same Day Typing.

3. In compliance with all applicable standards, awards, laws and regulations.

3.            PAYMENT FOR SERVICES.  In consideration of the provision of the Services, the Client will pay compensation to Same Day Typing for the Services based on the rate agreed upon upload. 

4.            CREDIT TERMS.  Invoices are raised at the end of each month for clients who upload on a regular basis with payment due within 10 working days.  For clients with 'one-off' projects, invoices are raised on completion of the project with payment due within 10 working days. 

5.            LATE  PAYMENT.  An administration charge of $20.00 will be added to the outstanding balance on the day after payment falls due plus a fee of $10.00 will also be added for every chaser letter sent after the payment falls due.

6.            NON-PAYMENT.  As well as incurring administration charges at Point (5), we understand and will exercise our statutory right to claim interest and  compensation for debt recovery costs under the late payment legislation if we  are not paid according to agreed terms under this Agreement.

7.            PAYMENT  GUARANTEE.  The Client guarantees to Same Day Typing the due and punctual payment of any sum payable by the Client to Same Day Typing.  Preferred method of payment is by direct bank credit.  However, payment may also be made by personal or company cheque. 

8.            TERM/TERMINATION.  This Agreement comes into force when the Client provides work to Same Day Typing and remains  in force for as long as the Client provides work to Same Day Typing.  For the avoidance of doubt, this Agreement may be terminated by either party without notice at any time for any reason by informing the other party of the  decision.  Upon termination of services by either party, all work completed by Same Day Typing on behalf of the Client will be payable by the Client under the agreed payment terms. 

9.            RELATIONSHIP OF PARTIES.  It is understood by the parties that Same Day Typing is and shall remain an independent contractor with respect to the Client and not an employee of the Client and cannot bind the Client. The Client will not provide fringe benefits, including health insurance benefits, superannuation, paid vacation, or any other employee benefit, for the benefit of Same Day Typing.  Same Day Typing and the Client agree to the following rights consistent with an independent contractor status:   

1. Same Day Typing has the right to perform services for others during the term of this Agreement.

2. Same Day Typing has the sole right to control and direct the means, manner and method by which the services required by this Agreement will be performed.

3. Same Day Typing has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement.

4. Same Day Typing or Same Day Typing's employees or subcontractors shall perform the services required by this Agreement; the Client shall not hire, supervise or pay any assistants to help Same Day Typing.

5. Neither Same Day Typing nor Same Day Typing's employees or subcontractors shall receive any training from the Client in the skills necessary to perform the services required by this Agreement.

6. The Client shall not require Same Day Typing or Same Day Typing's employees or subcontractors to devote full time to performing the services required by this Agreement.

10.            SERVICE WAIVER.  The Client hereby agrees that all materials furnished to Same Day Typing are owned by the Client, or that the Client has permission from the rightful owner to use such materials, and will hold harmless, protect, and defend Same Day Typing from any claim or suit which may arise from the use of such materials.   

11.            CONFIDENTIALITY. Same Day Typing will not at any time disclose to any third party any information that is identified as confidential by the Client. Same Day Typing will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement.  This clause shall be binding on any employees, agents or subcontractors of Same Day Typing.   

12.            ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and supersedes any and all previous representations, warranties, undertakings, and agreements.   

13.            ASSIGNMENT. Either Same Day Typing or the Client may assign its rights and may delegate its duties under this Agreement.  

14.            NO PARTNERSHIP. This Agreement does not create a partnership relationship. Neither party has authority to enter into contracts on the other's behalf.   

15.            DELIVERY.  The parties may agree on a timetable for delivery of the Services, which also forms part of this Agreement.  Delivery preferences consist of email, fax transmission, and standard post.  There will be no charge for email and fax.  However, any postal charges will be invoiced to the Client. 

16.            FORCE  MAJEURE.  Same Day Typing shall not be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including  fire, flood, earthquake, storm, hurricane or other natural disaster), war,  invasion, act of foreign enemies, hostilities (whether war is declared or not),  civil war, rebellion, revolution, insurrection, military or usurped power or  confiscation, terrorist activities, nationalisation, government sanction,  blockage, embargo, labour dispute, strike, lockout or interruption or failure  of electricity, broadband or telephone service.   

17.            RESPONSIBILITY.  Same Day Typing strives to provide error-free work.  Typographical errors or mistakes which are clearly the fault of Same Day Typing will be corrected at no charge. Client revisions will be charged.  Final proofreading is the responsibility of the Client.  Same Day Typing is not responsible for any loss due to clerical errors on our part missed by the Client.   

1. Same Day Typing assumes no responsibility for consequences resulting from the provision of information  and services, including, but not limited to, errors or omissions.

2. All information provided is intended solely to provide general guidance on matters of interest  for the personal use of the Client, who accepts full responsibility for its  use.  It is provided with no guarantee of completeness, accuracy or timeliness, and without warranty of any kind.

3. Information provided does not constitute legal, accounting, tax or consulting advice.