Terms and Conditions

The Following Terms and Conditions form part of the contract between My Cut Pty Ltd (MyCut) and any of its clients (You) and can only be altered by written consent of the Managing Director of MyCut.

    1.1. Due to the following factors , no guarantee can be given about the performance of MyCuts products and services.
    • MyCut are not marketing and communication experts and cannot comment or provide opinions about the efficacy of the proposed products of services
    • No warranty as to the durability of the work shall be given unless in explicitly set out in writing .
    • MyCut, unless specifically engaged and separately paid to verify the structural integrity of any existing works being added to or modified.
    • Time is not of the essence and MyCut makes no promises regarding delivery times and any delays experiences will not constitute grounds for a discount to You or late payment by You.
    • In the event that the original specifications by you need to be changed more than three times MyCut reserves the right to terminate the Contract and refund the balance, if any, of initial payment for works not yet completed. In this event, for the avoidance of doubt, You will have seven calendar days to arrange for the collection/removal for any work in progress in MyCut’s possession and fore the avoidance of doubt after the expiry of that time MyCut shall be entitled to dispose of the work in progress and charge You for any disposal costs which will be retained from any payment already made.
    • In the event that MyCut is ready to deliver products and You are not able to accept delivery within seven calendar days of MyCut notifying You, of their readiness to deliver the products, MyCut reserves the right to charge storage and (if relevant) transport fees for these items on a cost recovery basis.
    1.2. By engaging MyCut, you accept that we will be making and relying on the following assumptions in delivering our services:
    • We accept as you have copyright in any designs or photographs supplied to MyCut to perform our work;
    • That You provide MyCut with an accurate design files and/or site layouts which we will rely upon in generating products and services;
    • That You have the right to allow MyCut access to the property and for us to undertake any modifications required and have secured any relevant or required authorities;
    • We act on the presumption that any property or project we advise on is not in violation of any responsible authority requirements regardless of how expressed/mandated.
    • That You hold insurance over any chattels left in our care and will hold MyCut blameless for any loss or damage to those chattels not directly attributable to negligence by MyCut.
    And you indemnify MyCut for any obligations incurred as a result of your failure to ensure these assumptions are accurate.
    1.3. Statutory Bodies often are difficult to satisfy and, while all efforts are made to do so, You agree, by entering into this contract that any additional work required to satisfy such bodies will attract additional costs at MyCut’s normal commercial rates.
    1.4. By engaging with MyCut, You waive any liability in regard to its any product’s ongoing stability, safety, capacity to damage property or people and indemnify MyCut for any similar liability relating for losses experienced by third parties including for the avoidance of doubt any lost revenue or profit or capital losses relating to your use of the produts and services provided by MyCut.
  2. Design Rights
    2.1. Copy right in the services conducted by MyCut do not pass to You until payment in full is made including any additional amounts owing under these Terms and Conditions and will revert to MyCut in the event of any reversal of any portion of that payment.
    2.2. MyCut reserves absolutely its Moral rights to be known as the designer of the work.
    2.3. You grant MyCut, or their agents, the ongoing right to take and licence to use photos of its products for promotional work.
    3.1. Orders will not be considered to be accepted before the receipt of a 100% deposit and any payment for out of scope work shall be payable within seven days of the change to your requirements being notified to MyCut and for the avoidance of doubt before any out of scope work takes place.
    3.2. Any work that falls outside the scope of the agreed proposal shall be invoiced at MyCut’s normal commercial rates as set out in that Proposal.
    3.3. All invoiced amounts are due and payable seven calendar days after the invoice is sent.
    3.4. In the event that the works conducted pursuant to these terms are not covered by the Building and Construction Industry Security of Payment Act 2002, MyCut shall be entitled to, at Your cost, register a caveat over any real property or properties owned by You to secure any overdue payments owed by You
    3.5. Any overdue amount attracts penalty interest at the rate set from time to time fixed by the Attorney General under Section 12 of the Penalty Interest Rate Act 1983
    4.1. This contract and any dispute arising out of it is subject to the laws of Victoria and the parties agree to submit to the exclusive jurisdiction of the Courts of Victoria
    4.2. Indemnity costs for any recovery action including payment for our time and any professional we engage at our/their going commercial rate for any work conducted outside of litigation to recover outstanding money.