Definitions:

a.“FPA” means Footprints Advocacy ABN 93 514 851 406
b.”Conditions” means these terms and conditions;
c.“Customer” means the person, firm, body corporate, association or company who requests (whether by their agent or otherwise) the Provider to perform the Works
d.“Services” means all goods and services supplied, works carried out, or agreed to be carried out, by the Provider at the request or with the consent of the Customer, its employees or agents, including without limitation:
(i) all support and advocacy services

1.Customer’s Authority

The Customer warrants that it will provide correct and arcuate information to FPA to perform the Services.  If the Customer authorises the
commencement of the Services it will be regarded as having accepted FPA quote or invoice and will be bound by the Conditions set out in this document.

2.Variation to Conditions:
Unless otherwise expressly agreed by FPA in writing, the Services are subject to these Conditions and to the matters specified in writing in any
quotation, invoice or an attached or associated document. No additions or alterations shall be of any effect unless expressly agreed by FPA and Customer in writing. Until such time as any proposed variation to the agreement is evidenced in writing under the hand of FPA and Customer, FPA shall not be obliged to carry out the Services. 

3.Price
All prices quoted or invoiced are inclusive of Goods and Services Tax unless otherwise indicated. Any other levies or taxes including sales tax,
government charges, duties or excises are additional to prices quoted and are borne by the Customer. Where there is a change in costs incurred by FPA in relation to the Services, FPA may vary its price in respect of the Services to take account of such change by notifying the Customer.

5.Payment
The time specified by FPA for payment is of the essence of this agreement. Payment can be made through the online portal during initial registration/sign up. Alternatively payment can be made via Electronic Funds Transfer on request. Unless otherwise provided the balance within seven (7) days of the date of FPA invoice for the Services being issued upon completion of the Services as determined in the absolute discretion of FPA. FPA shall not be obliged to commence the Services until the payment has been made by the Customer.

6.Default in Payment
a. Should the Customer fail to make any payments by the due date for payment, FPA shall (without prejudice to any other remedy):-
(i)be entitled to be paid interest by the Customer on the outstanding amount at the rate which is two per centum (2%) per annum higher than the rate charged from time to time by FPA bank on overdraft facilities in excess of one hundred dollars ($100.00), such interest to be charged daily, to be compounded every calendar month upon the amount then owing and to be payable on demand,;

(ii)be entitled on demand to any additional losses, costs and expenses incurred by the Customer’s default including, without limitation, reasonably incurred collection costs and all legal costs (on a solicitor/own client basis) and expenses incurred by FPA;.

 (iii)cease performing the Services and retain the Customer’s Property until all outstanding invoices together with interest, charges or other costs payable have been paid in full.

7. Time for Performance

Dates advised by FPA for completion of the Services are estimates only and is not a contractual commitment and FPA shall not be liable for any loss or damage suffered by the Customer or any third party arising from any delay in supply of the Services, including but not limited to, delay resulting from inadequate or interrupted supply of materials to be provided to FPA by the Customer or the delivery to FPA of goods and services by a contractor either nominated by the Customer or engaged by FPA. 

8. Intellectual Property Rights

You may use the content provided for personal purposes only.

You may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of FPA content or our services in whole or in part unless expressly authorised by FPA.

You may not store any significant portion of any FPA content or FPA materials in any form.

Under the Copyright Act 1968 and related amendments you are limited as to the amount of material that you may download, print, copy and/or cut and paste from FPA. It is your responsibility to ensure that you do not infringe any applicable law.

You may only download and print a reasonable quantity of copies of FPA’s content for non-commercial, personal or educational use only. The copies must contain any copyright or other proprietary rights notices that are contained in the original source FPA content. The copies must not be modified.

You acknowledge that FPA remain the owners of the content and that you do not acquire any intellectual property rights in the content.

9. Information does not represent professional advice

The material provided by FPA is provided as general information only. It is not intended as professional advice and must not be relied upon as such. 

10. No guarantees of success

FPA gives no guarantee of success or any outcome and are not liable for the outcome of the Services or content.

11. No warranties or representations

FPA does not exclude any rights or remedies available to you under the Trade Practices Act (9th) or equivalent State legislation that cannot be excluded or restricted by it when contracting with you.

To the extent permissible by law, FPA makes no warranty or representation (express or implied) regarding the quality, accuracy, reliability, currency, performance, completeness or fitness for purpose of any part of the FPA content.

FPA does not represent or warrant (expressly or impliedly) that the content, or the facilities that make the content available, will not cause damage, or are free from any computer virus or any other defects or errors, or that your access to the content will be uninterrupted.

To the maximum extent permitted by law, FPA is not liable (whether in contract, negligence or otherwise) for any loss or damage in connection with the use of the content.

12. Customer Rights and Responsibilities

As a Customer you have the following rights:

1.    To be treated with fairness and respect (freedom from abuse).

2.     To make your own decisions about your advocacy support.

3.     To be fully informed in a way that you can understand.

4.     To have your information treated privately and not shared without your permission.

5.     To feel safe about complaining if you are not satisfied with your advocate.

6.     To have an advocate who is independent.

 As a customer you have the following responsibilities:

1.     To treat your advocate with respect.

2.     To understand that advocates try to do what you ask for but cannot do things that are illegal or may cause harm to you or others.

3.     To let your advocate know everything you know about your issue.

4.     To give at least 24 hours notice if you need to change an appointment.

5.     To make sure your home is safe if your advocate is visiting.

6.     To understand that due to limited resources that advocates must help clients who have the greatest need first.

7.     To undertake reasonable self advocacy tasks to assist to resolve the advocacy issue

13. Liability limitation and Indemnity
a. Except as specifically set out in these Conditions, all conditions and warranties implied in the agreement for the supply goods and services at
law or pursuant to any Federal or State legislation are excluded to the maximum extent permitted.

b. Except as provided for in these Conditions, FPA will not in any circumstances be liable for any loss, damage or injury of any kind arising out of or in any way connected with the performance of the Services (including any economic or consequential loss) whether by way of negligence, breach of contract, breach of duty of bailment, wilful act of FPA, its employees, agents or sub con-contractors or otherwise.

c. The Customer will indemnify FPA against all claims and demands made (including any claims made by third parties) in respect of any loss, damage or injury of any kind arising out of or in any way connected with the performance of the Services (including any economic or consequential loss) whether by way of negligence, breach of contract, breach of duty of bailment, wilful act of FPA, its employees, agents
or sub con-contractors or otherwise.

e. Any advice, recommendation, information or assistance provided by FPA in relation to the Services or in respect of any other goods or services supplied by it or their use or application is given in good faith, is believed by FPA to be appropriate and reliable however, it is provided with a disclaimer for any liability or responsibility on the part of FPA. 

14. Sub-Contracting and Indemnity
FPA may at its discretion, subcontract on any terms the whole or part of the Services.

15. Liability of Employees and Agents

It is expressly agreed that every exemption from liability, defence, immunity and right under these Conditions will extend and protect every employee employed and agent appointed by FPA in these Conditions.

16. Cancellation
a. If through circumstances beyond FPA’s control it is unable to complete the Services (including the supply of any goods in respect of the Services) then FPA may cancel the Customer’s agreement (even it has already accepted the order) by notifying the Customer. FPA shall have no liability to the Customer or any third party for any damages or losses, direct or indirect, resulting from such cancellation.
b. No purported cancellation or suspension of an order or any part of it by the Customer is binding on FPA after that order has been accepted.
c. If the Customer cancels the agreement after acceptance by FPA, then FPA is entitled to damages for breach of contract.

17. Force Majeure
If FPA by reason of any matter beyond its control, including without limitation: any act of God; strike, lock-out or labour disturbance; war or
warlike condition; act of terrorism; civil riot; sabotage; explosion; lightning; fire; earthquake, landslide or tidal wave; storm, flood, or other extraordinary weather conditions; quarantine; requirements of government authorities; unavailability or delay in supplies (including electricity, oil or gas), equipment or transport; refusal of or delay in obtaining governmental or quasi-governmental approvals, consents, permits, licences, pandemic; or otherwise is unable to perform any part of its obligations under these Conditions, to the extent and for the period that it is not reasonably able to perform, the FPA will not be liable to the Customer or any third party for any damages or losses, direct or indirect, resulting from FPA being unable to perform the Services.

18. Applicable Law

The law of New South Wales applies to the Services and/or the contract between FPA and the Customer for the execution of the Services and the Courts of that state or the Commonwealth shall have exclusive jurisdiction to determine any dispute arising in any manner in respect of the Services or the contract. The parties irrevocably agree that the venue for any determination shall be in Sydney, New South Wales.