Terms of Service

Smithies Enterprises Group
ABN: 20 174 485 023
🌐 www.smithiesenterprisesgroup.com

Effective Date: 23rd April 2026
Governing Law: Queensland, Australia

1. Introduction

These Terms of Service (“Terms”) govern all services provided by Smithies Enterprises Group (“we”, “us”, “our”).

By engaging our services, accepting a quote, or making payment, you (“the Client”) agree to be legally bound by these Terms.

2. Formation of Agreement

An agreement is formed when the Client:

  • Accepts a quote (verbally or in writing),

  • Makes payment, or

  • Engages services in any form

These Terms override any Client terms unless agreed in writing.

3. Services

We provide technology, media, and general business services.

Service scope, deliverables, and pricing will be outlined in:

  • Quotes

  • Invoices

  • Written agreements

Variations must be approved and may incur additional charges.

4. Bookings & Deposits

  • A $100 non-refundable deposit is required within 3 business days

  • Bookings are not secured until payment is received

  • Deposit is deducted from the total balance

5. Payments

  • Full payment is due 7 days prior to service, unless agreed otherwise

  • Accepted payment methods:

    • Bank Transfer

    • PayTo (where approved)

    • Card / Apple Pay (if available)

We may suspend services for non-payment.

6. Cancellation & Liquidated Damages

The Client acknowledges that cancellations result in business loss.

The following are agreed as a genuine pre-estimate of loss:

  • 8–30 days prior: 50% of service value

  • 3–7 days prior: 75% of service value

  • Within 72 hours: 100% of service value

This clause complies with the Australian Consumer Law.

7. Client Responsibilities

The Client must:

  • Provide a safe and suitable environment

  • Ensure compliance with all applicable laws

  • Provide required infrastructure (power, internet, access)

We are not responsible for issues caused by unsuitable conditions.

8. Equipment, Hardware & Asset Liability

Where equipment or goods are supplied:

The Client is responsible for:

  • Loss, theft, or damage

  • Misuse or unauthorised access

The Client agrees to pay:

  • Full replacement cost (new-for-old)

  • Repair costs

  • Associated losses

Payment due within 7 days of invoice.

9. Limitation of Liability

To the maximum extent permitted by law:

We are not liable for:

  • Indirect or consequential loss

  • Loss of profit, revenue, or opportunity

  • Third-party failures

Total liability is limited to:

  • The amount paid, or

  • Re-supply of services

10. Technology & Service Disclaimer

All services are provided on an “as is” and “as available” basis.

We do not guarantee:

  • Continuous availability

  • Error-free operation

  • Compatibility with all systems

We are not liable for:

  • Downtime

  • Data loss

  • Business interruption

11. PPSA & Security Interest

We retain a security interest in all supplied goods under the
Personal Property Securities Act 2009 until full payment is received.

We may:

  • Register our interest

  • Recover goods upon default

12. Charge Over Assets

The Client charges all present and future assets as security for amounts owed.

The Client:

  • Authorises enforcement action if in default

  • Appoints us as attorney to register and enforce security

13. Director’s Guarantee (Corporate Clients)

Where the Client is an entity, the person accepting these Terms:

  • Personally guarantees all payments

  • Is jointly liable with the business

14. Indemnity

The Client indemnifies Smithies Enterprises Group against all claims arising from:

  • Breach of these Terms

  • Misuse of services

  • Third-party actions connected to the Client

15. Service Refusal & Termination

We may suspend or terminate services if:

  • Payment terms are breached

  • Conditions are unsafe or unsuitable

  • Illegal or abusive conduct occurs

No refunds apply in these circumstances.

16. Non-Solicitation

The Client must not engage our staff or contractors for 12 months.

Breach may result in damages equal to 12 months of service value.

17. Limitation Period

Any claim must be made within:

6 months of the issue occurring.

18. Electronic Acceptance

Payment, email confirmation, or online acceptance constitutes agreement.

Electronic records are accepted as evidence.

19. Entire Agreement

These Terms override all prior agreements.

20. Governing Law

These Terms are governed by the laws of Queensland, Australia.

21. Acceptance

By using our services, you confirm that you:

  • Have read these Terms

  • Understand them

  • Agree to be bound by them