FUSE PRODUCT TERMS
Marketing services associtated with the Fuse Platform are provided by FUSE PTY LTD ABN 46 168 961 582
(“Fuse”) of Level 3, 116 Miller Street, North Sydney pursuant to the General Terms and the Product Terms
set out below.
1
DEFINITIONS
For the purposes of this Agreement:
Order means a Client order for Services made via the Fuse Website;
Fuse Platform means the website located at https://pro.fusepartners.com.au or as otherwise
stipulated in a Statement of Work;
Third Party Product/s means any product/s (including software) and related documentation, which
is owned by, or proprietary to, in whole or in part, any person or entity other than Fuse or a Related
Body Corporate of Fuse;
Salmat Product/s means any product/s which is owned by, or proprietary to, in whole or in part, any
Related Body Corporate of Fuse;
2
PREFERRED SUPPLIER
Except where Fuse is unable to supply the required services, the Client agrees that before acquiring
services (equivalent to those provided by Fuse) from a competing supplier, it will first give Fuse the
opportunity to quote and supply those services.
3
QUOTATIONS
Unless provided otherwise, quotations are fixed for 30 days, after which all prices are subject to
amendment to compensate for variations in production costs.
4
ORDERS AND CANCELLATIONS
4.1
Where the Client is a franchisor and places an Order on behalf of a franchisee, the Client agrees to
remain fully liable and responsible for the acts and omissions of the franchisee and to guarantee the
payment of any invoices issued to a franchisee, in connection with that Order. Further, the Client
acknowledges and agrees that no Orders may be placed directly by a franchisee under a contract
negotiated between Fuse and the franchisor.
4.2
Orders may be cancelled prior to going into production or in the case of stock, prior to dispatch.
Once in production, or dispatched, orders cannot be cancelled unless approved by Fuse. Fuse will
have the option to impose a cancellation fee calculated in its sole discretion, provided that is is
reasonable and relative to the Fees and work completed.
4.3
Orders placed through the “Fuse Get on Board” system cannot be cancelled once placed.
4.4
Fuse reserves the right to cancel, at any time before delivery of Services and for whatever reason, an
Order that it has previously accepted. Fuse may do this for example, but without limitation, where
Services ordered were subject to an error on the Fuse Website, such as in relation to a description or
price, which was not discovered prior to the Order being accepted.
Fuse Product Terms version: 15 September, 2016
Page 1 of 2
© 2016 Salmat Limited.
5
PAYMENT
5.1
5.2
Fuse will invoice the Client, delivered via email to the Client’s nominated email account.
Direct Debit Customers: the Client must notify Salmat in writing within 14 days of invoice receipt if it
disagrees with any amount claimed in an invoice. For all undisputed amounts, Fuse will issue a
payment notification to the Client and 2 days later the outstanding Fees will be deducted from the
Client’s account.
Credit Card Customers: following invoicing, Fuse will issue a payment notification to the Client and 2
days later the outstanding Fees will be deducted from the Client’s credit card.
Account Clients: the Client shall pay the full amount invoiced to it by Fuse within 30 days of the date
of invoice unless alternate settlement terms are agreed in writing.
5.3
5.4
6
ACKNOWLEDGMENT
6.1
Fuse is a booking agent and/or reseller of a number of products and services (including Salmat
Products and Third Party Products). In addition to the terms of this Agreement, the products and
services selected by the Client in a Statement of Work are provided subject to the additional terms
and conditions set out below.
Press Ads
Fairfax: Fairfax Terms
APN: APM Australia Regional Media Terms
News: News Community Media Terms
Letterbox (Distribution, Design & Print)
Salmat: Letterbox Product Terms
Australia Post: Australia General Terms and Conditions
Email & SMS Execution Platform
Salmat: Digital Marketing Product Terms
Dotmailer: dotMailer Ltd Terms of Services
6.2
The Client acknowledges and agrees that the above terms and conditions are incorporated by
reference and form part of this Agreement, where applicable.
6.3
To the extent there is a conflict between this Agreement and any of the additional terms and
conditions set out above, the above terms and condition (with the exception of clause 5 “Payment”)
will prevail to the extent of the inconsistency.
6.4
Without limiting any other remedies available to Fuse under this Agreement, any unauthorised use,
alteration, modification, reproduction, publication, disclosure or transfer of any Salmat Product or
any Third Party Product will entitle Fuse to any available equitable remedy against the Client.
Fuse Product Terms version: 15 September, 2016
Page 2 of 2
© 2016 Salmat Limited.