Just functions – Terms & Conditions
1.1 Any instructions received by JUST FUNCTIONS from the Venue for the supply of referrals and/or the Venue’s acceptance of referrals supplied by JUST FUNCTIONS shall constitute acceptance of the terms and conditions contained herein.
1.2 Where more than one Venue has entered into this agreement, the Venues shall be jointly and severally liable for all payments of the Price.
1.3 Upon acceptance of these terms and conditions by the Venue the terms and conditions are binding and can only be amended with the written consent of JUST FUNCTIONS.
1.4 The Venue shall give JUST FUNCTIONS not less than fourteen (14) days prior written notice of any proposed change of ownership of the Venue or any change in the Venue’s name and/or any other change in the Venue’s details (including but not limited to, changes in the Venue’s address, facsimile number, or function manager). The Venue shall be liable for any loss incurred by JUST FUNCTIONS as a result of the Venue’s failure to comply with this clause.
2. Price And Payment
2.1 Payment will be made by cash, or by cheque, or by bank cheque, or by credit card (plus a surcharge of up to five percent (5%) of the Price), or by direct credit, or by any other method as agreed to between the Venue and JUST FUNCTIONS.
2.2 Time for payment shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due fourteen (14) days following the date of the invoice.
2.3 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
2.4 Successful referrals are charged at 10% of the referrals total spend. This is including but not limited to room hire, total beverage spend (over and above the bar tab) and food purchases.
2.5 If payment is not received within the specified period of 14 days from the date on the invoice, a late payment interest rate of 0.03% occurs daily.
3. Venue Responsibilities
3.1 The venue agrees to honestly record the functions total spend including but not limited to room hire, total beverage spend (not only bar tab) amount of guests and all food purchases.
3.2 The venue agrees to notify JUST FUNCTIONS of all successful referrals including booking name, function type and date once confirmation of the booking takes place.
3.3 The venue agrees to provide JUST FUNCTIONS with the customers original receipt given to the customer if any indiscretion regarding the total spends takes place.
3.4 The venue also agrees to provide sufficient evidence to JUST FUNCTIONS if a successful referral is deemed unsuccessful through the venue directly, other individuals and/or competitors. A successful referral is based on the function type, date & time of initial recommendation sent to both the venue and customer.
3.5 If the total spend is not recorded and/ or insufficient evidence provided, the Venue shall be liable for any loss incurred by JUST FUNCTIONS as a result of the Venue’s failure to comply with this clause.
3.6 The venue agrees that all successful referrals provided by JUST FUNCTIONS are charged at 10% of the total spend including the use of at other venues and or associated venues.
3.7 The venue agrees to giving JUST FUNCTIONS access and usage of venue images and usage however, they deem appropriate through advertising of both the venue and JUST FUNCTIONS.
4. Term/ Termination
4.1 The Agreement shall commence on the Effective Date and shall remain in effect. Either party may terminate this Agreement, with or without cause, by giving written notice of termination to the other party (email is sufficient).
4.2 The venue agrees all outstanding monies owed to JUST FUNCTIONS must be paid in full, total spends must be supplied and all existing referrals will be also honoured up to 18 months after the termination date.
4.3 Just Functions reserves the right, at its sole discretion, to modify or replace any of these Terms and Conditions, or change, suspend, or discontinue the referral service (including without limitation the Referral Fees) at any time by posting a notice on its website or by sending you an email. It is the venues responsibility to check these Terms and Conditions, which are available at http://www.justfunctions.net.au/terms-conditions, periodically for changes.
5.1 The venue accepts all successful referrals that reoccur are charged at 5% for the duration of 18 months after the initial function.
5.2 The venue understands that the Just Packages adverting is at no charge however, the 10% fee on total spend still applies to all successful referrals
5.3 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
5.4 These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria and are subject to the jurisdiction of the courts of Victoria.
5.5 JUST FUNCTIONS shall be under no liability whatsoever to the Venue and/or customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Venue arising from Just Functions referrals.