KIK FM Pty Ltd

trading as KIK EVENTS and KIK DIGITAL​

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TERMS & CONDITIONS
In these Terms and Conditions "the Company" means KIK FM PTY LTD trading as KIK DIGITAL and KIK EVENTS [ABN 49 081 368 608] and the company, organisation, person or firm dealing with the Company is referred to as 'the Customer'. An 'Order' means a request for the supply of equipment hire and/or other services by the Customer documented as a 'Booking Reservation'.

THESE CONDITIONS MAY ONLY BE VARIED IN WRITING BY A DIRECTOR OF KIK FM PTY LTD TRADING AS KIK DIGITAL AND KIK EVENTS and the Company enters into all agreements with the Customer solely on the terms of these Conditions and no representation or warranty collateral or otherwise shall bind the Company and no statement made by any representative by or on behalf of the Company shall vary these Conditions unless such representation warranty or statement will be made in writing and signed by a Director of the Company.

THE COMPANY SHALL NOT BE BOUND BY ANY CONDITIONS OF BUSINESS OF THE CUSTOMER unless such conditions are expressly accepted by the Company by a statement made in writing signed by a Director. Where there is any variance between the Customer's Conditions and these Conditions, these Conditions shall prevail.

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LIVE STREAM SERVICES
Availability and Performance: We do not guarantee that the Service will be uninterrupted, error-free, or free from viruses, malware, or other harmful components. While we make reasonable efforts to ensure the reliability and performance of the Service, we do not offer or imply any service level agreements (SLAs) regarding the availability, uptime, or response times of the Service. The availability and performance of the Service may be affected by factors beyond our control, such as network issues, server downtime, maintenance, hardware failures, software bugs, or disruptions caused by third-party services or infrastructure. We do not commit to any specific uptime, availability, or error-free operation of the Service. Any interruptions or technical issues, including those resulting from maintenance, upgrades, or other unforeseen problems, are not covered by any SLA, and we are not liable for any loss or damage caused by such disruptions. Users should not expect continuous or uninterrupted access to the Service. Additionally, we cannot guarantee that your use of the Service will be free from viruses, malware, or other harmful components. It is the responsibility of users to take appropriate precautions to protect their devices, networks, and data from such threats. By using the Service, you acknowledge and accept that there are no SLAs in place for the Service and that interruptions or issues may occur without notice, for which we are not liable.

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RATES & BOOKINGS
All quotations are made by the Company without obligation. The Company reserves the right to vary the rates and specifications quoted, and or quoted on the kikevents.com.au website at any time without prior notice.

Orders may be placed verbally, in writing, or using the online booking system at kikevents.com.au and thereupon such Orders become binding.

The Company accepts verbal preliminary ("pencil Orders”). A “pencil" Order will be pre-empted by a confirmed Order. The Company will attempt to give the Customer with preliminary Orders the opportunity to confirm prior to pre-empting, however the Company accepts no liability for loss or damages incurred by a Customer resulting from a preliminary Order which is pre-empted by a confirmed Order.

Completing online a Booking Reservation at kikevents.com.au and a fifty-percent (50%) deposit is required to confirm an Order. Full payment of the balance is to be received not less than forty-eight (48) hours prior to the first date of the Order.

A Customer with established credit facilities may supply an official Purchase Order to confirm Orders. Where the Customer supplies a Purchase Order and requires that the equipment and crew be deployed to a country other than Australia or where the total value of a Hire Agreement is AUD$20,000 or greater, the Company may require one-hundred percent (100%) payment prior to confirmation of the Order.

The charges for equipment hire and services commence from whichever is the earlier of the time the equipment is made available to the Customer or leaves the Company premises, and is terminated at the end of the agreed hire period or when the equipment is returned to the Company premises, whichever is the later.

The hire period will be deemed to continue until such time as any damaged equipment is repaired or any equipment that is lost, stolen or damaged beyond repair is replaced; provided that the amount of any additional hire charge payable as a direct result of theft, accident or loss or damage to equipment shall not exceed thirteen weeks rental.

Where equipment is delivered or collected by the Company, such delivery or collection is at the Customer's risk and expense and the Customer shall be liable for physical loss and damage and delay to the equipment from the time the equipment leaves the Company's premises until it is returned to the Company's premises whether or not the equipment is being delivered or collected by the Company or is in the custody of the Company its Directors, servants or agents.

PAYMENT & CANCELLATION
A preliminary ("pencil") Order may be cancelled at any time without penalty.
A confirmed Order may be cancelled; without penalty more than fourteen (14) days prior to whichever is the earlier of the time the equipment is made available to the Customer or leaves the Company premises;

cancellation between fourteen (14) days and forty-eight hours prior to whichever is the earlier of the time the equipment is made available to the Customer or leaves the Company premises incurs a cancellation fee of fifty percent (50%) of the total charges of the Order;

cancellation less than forty-eight hours prior to whichever is the earlier of the time the equipment is made available to the Customer or leaves the Company premises, incurs a cancellation fee of one-hundred percent (100%) of the total charges of the Order.

A cancellation will only be recognized when made in writing to the Company. A verbal cancellation must be followed by written confirmation from the Customer. Letter, facsimile or email confirmation of cancellation will be accepted.

A CONFIRMED ORDER FOR COMMUNICATIONS SERVICES INCLUDING BUT NOT LIMITED TO SPACE SEGMENT, TERRESTRIAL FIBRE TIME AND BROADBAND DATA SERVICES PROVIDED BY THE COMPANY MAY NOT BE CANCELLED. FULL CHARGES WILL APPLY FOR THE CONFIRMED BOOKING REGARDLESS OF CANCELLATION, PARTIAL USE OR NON-USE.

Where the charges for an Order are established at a lower rate than the Company's published rate list, or where a long-term a discounted rate is applied, and where the period of the Order is shortened or terminated early by the Customer, the charges may be recalculated by the Company and the Customer will be liable to pay the Company the difference between the original rate shown on the Booking Reservation confirmation and the rate as determined by the Company for the shorter hire period.

The Customer shall further compensate the Company for any loss which the Company may suffer as a result of variation of any Order for the supply of equipment, materials or services or failure to return any hired equipment to the Company's premises at the termination of the agreed hire period in good condition fair wear and tear excepted or for any breach by the Customer of these Conditions.

For every cancellation .the Company reserves the right to make a charge in respect of any costs or expenses incurred by the Company on account of the Customer.

DAMAGE & LOSS
The Customer Is responsible for all loss or damage whatsoever to the equipment including, but not limited to, the full replacement value of the equipment, the full cost of repairing any damage and the continuing hire charges detailed above.

Without specific written agreement to the contrary prior to the commencement of the hire period, the Customer shall effect its own insurance on the equipment.

The Customer shall ensure that the Company's interest is noted by insurers and shall notify the Company accordingly and give other such details of the policy or policies as the Company may require.

The Customer's policy shall provide cover for all loss or damage whatsoever to the equipment including, but not limited to,the full replacement value of the equipment, the full cost of repairing any damage and the continuing hire charges detailed above.

Particulars of replacement values,repair costs and daily rates for continuing hire will be supplied by the Company on request as appropriate.

Equipment returned late will be charged at the single daily rate for each twenty-four hours or part thereof, irrespective of any reduction or discount that may have been negotiated on the original booking.

FINANCE
The Booking Reservation confirmation will show the equipment hired, services provided, the total value of crew and equipment hire charges, any Government taxes and charges, and the expenses which are to be met by the Customer. Expenses may include -- but are not limited to – crew travel and accommodation, land transport, freight and import export fees and telecommunications charges.

The Customer must be a natural person who supplies a personal address, personal telephone number and, on request, suitable current photographic identification.

Where the Customer assigns the charges payable to a third party or another person, entity or organization, and where the charges are not paid to the Company in full on demand, the Customer shall be liable to pay the Company the balance due.

Except where otherwise agreed In writing, all invoices are for immediate cash settlement without deduction.

Sums not paid when due shall, without prejudice to any other rights of the Company, carry interest from the due date of payment at the rate of 5% per month or part thereof. In the case of default by the Customer in paying any sums due, the Company reserves the right to either withhold any equipment or facilities which are the subject of any Order with the Customer and/or cancel any Order with the Customer, without prior notice.

The Company shall be entitled to determine the Order without notice in the event of the bankruptcy, insolvency or liquidation of the Customer (as the case may be) at any time during the Order.

The Company does not automatically offer credit account facilities to Customers.
A credit account may be offered following the evaluation of information submitted by the Customer on an Application for Credit Account.

All payments must be received by the Company as cleared funds paid to the Company's nominated Australian Bank Account.

Personal or company cheques will only be accepted subject to clearance by the Company's bankers and the Customer acknowledges that confirmation of a Booking Reservation and/or supply of the equipment and crew may be delayed until such clearance of funds is confirmed by the Company's bankers.

WARRANTY
Whilst the Company shall make every effort to assist the Customer with technical know how and experience and shall provide general advice and service, the Company shaII not guarantee that the Customer will achieve his intended result by the use of hired equipment, services and/or other facilities.

Notwithstanding the terms of any condition containing warranties or representations, whether express or implied, and whether statutory or otherwise, the Company shall not be liable in any way for the express loss, damage, loss of profits or of contracts or of any other consequential loss of any kind suffered by the Customer or ancillaries there to, or any delay in any equipment or ancillaries being available or any failure error or mistake by technicians or other staff of any nature provided by the Company.

The Company shall not be liable for any delay or other breach resulting from wars, strikes, lockouts, restrictions, non-availability or goods, materials or labour or owing to any other cause whatever beyond its control.

The Company shall not be held liable by the Customer if fulfilment of the Company's obligations under any Booking Reservation is prevented or hindered by force majeure.

For the purpose of this condition, force majeure shall mean any circumstance beyond the control of the Company.

Time is not of the essence or any contract with the Customer and the Company shall not be liable for any delays in the supply of equipment materials and services by it, or any losses whatsoever due to any such delays howsoever caused.

Any equipment and materials entrusted to the Company by the Customer are supplied entirely at the Customer's risk. The Company shall not in any circumstances be liable for loss or damage or damage of any kind howsoever caused even where such loss or damage shall have been caused or contributed to by the negligence of the Company, it's agents or employees.

The Customer shall be required to insure it's materials, and it's work and operations against any loss, damage or liability caused by, or arising out of, or in connection with equipment, materials or services supplied by the Company or any contract with the Company.

The Customer shall inform insurers of these Conditions and shall ensure that its policy is endorsed to the effect that there shall be no recourse against the Company.

The Customer shall at all times keep the Company, its Directors, employees, servants, agents and licensees fully indemnified against all actions, proceedings, expenses, costs, charges, claims and demands whatsoever which may be made or brought against the Company its employees, servants, agents and licensees by any third party in respect of any alleged injury, loss, damage or expense arising out of or in connection with equipment or services provided by the Company, or for breach of Copyright or any other proprietary or other rights of third parties resulting from compliance with the Customer's instructions even where such injury, loss, damage or expense is caused wholly or in part by the negligence or breach of contract by the Company, its directors. servants or agents.

TITLE
All equipment on hire shall at all times remain the absolute property of the Company and no proprietary or other interest in the said equipment shall vest in or pass to the Customer.

Customers must not sell, loan, assign, pledge, encumber, part with possession or suffer any lien to be created over hired equipment and the Company may terminate any hiring forthwith and without notice in the event of; the Customer making any attempt to do so or doing any act or omitting to do any act which in the opinion of the Company jeopardizes the Company's rights in the equipment; or the Customer becoming the subject of any bankruptcy or liquidation proceedings or becoming insolvent or allowing any judgment or well founded claim to remain unsatisfied or failing to pay any hire charge or other sum due to the Company or failing to comply with these Conditions.

The Customer shall not sub-hire or on-hire the equipment or services detailed in the Order without the express written permission of a Director of the Company.

The Customer agrees that a representative of the Company may enter upon any premises upon which hired equipment may be kept -- or is reasonably believed to be kept – for the purpose of its recovery at the termination of any hiring period.

Where hired equipment is on premises not occupied or under the control of the Customer, the Customer undertakes to secure for the Company permission to enter for reovery of the hired equipment and the Customer shall compensate the Company for any costs incurred in repossessing hired equipment.

The Company shall have a general lien upon all materials now, or at any time in its possession, belonging to the Customer for any sum for the time being due to the Company.

No acceptance of the return or repossession of the equipment, nor the granting of any indulgence by the Company, shall constitute a waiver by the Company of any of its rights under these Conditions.