We are really excited to be going into partnership with you and we truly hope to make it a positive and respectful arrangement that is great for both of us (and the customer!). However, sometimes it’s best to have a few things written down so that we both know what’s what, who should do what and what happens if stuff goes wrong.
In this agreement, you won’t find complicated legal terms or long passages of unreadable text . We have no desire to trick you into agreeing to something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
Summary
In short, you, as ‘The Provider’, are agreeing to list your products on the One Hour Out website owned and operated by us ‘OHO Media’. These products are then available for purchase by visitors to the One Hour Out website and other channels like social media. OHO Media will notify the Provider of any orders, for which the provider will post and send directly to the customer.
By using the Provider Admin to list your products, you are agreeing to the terms and conditions set out below. OHO Media will post any amendments to the terms (and associated fees/commissions) on the dashboard of the Provider Admin and notify you of any changes by email.
Getting down to the nitty-gritty
Listing your products on the One Hour Out website
New Providers must complete an application form for consideration by OHO Media. OHO Media has the right to accept or decline new applicants for any reason.
If accepted, the Provider will be given the option to list their products on the One Hour Out website and make them available for purchase by the general public.
The Provider agrees the business details and details of each product that they provide is accurate, complete, not misleading and compliant with applicable laws. The Provider also agrees that they have the right to use all text and images that are uploaded.
The Provider agrees that the text and images that make up the listing for a product accurately describe the features and quality of the product.
When uploading a new product to the Provider Admin, the Provider agrees to not promote any other aspect of their business besides the product itself.
The Provider is responsible for ensuring the cost of standard postage Australia wide is covered in the retail price advertised or as an added shipping fee. By default, the shipping fee is set as the same as the Australian Post Parcel rate.
Unless otherwise agreed by OHO Media, the Provider agrees to list the product at the same price, or lower, than is advertised elsewhere (including the Providers own website).
The Provider agrees that OHO Media has the right to decline to list or remove from listing any individual product at its discretion.
Provider Admin
The Provider agrees to use the Provider Admin only for the purposes of listing their business details and the details of their products and to ensure that their username and password is kept private and secure.
The Provider agrees that the Provider Admin and front-end website is the property of OHO Media and cannot be copied or reproduced in any way.
The Provider agrees to indemnify OHO Media from any loss or damages that arise from the utilisation of the Provider Admin, the One Hour Out website and OHO Media services.
Phew!
Agreement between Provider and Customer
When a customer purchases a product from the One Hour Out website, a contract of sale is formed between Provider and Customer and pursuant to all aspects of Australian Consumer Law.
The Provider agrees that OHO Media is not party to any contract formed between Provider and Customer in the sale and purchase of any goods.
The Provider agrees to indemnify OHO Media against any losses or claims incurred in:
• the publication and promotion of the Providers information and information relating to the Providers products
• any orders accepted by OHO Media on behalf of the Provider
• the formation of a contract between Provider and Customer
• the notification and fulfilment of any orders sent to the Provider
• any goods that are sent to the Customer from the Provider
• any breaches of this agreement by the Provider
• any claim or action made against the Provider by third-parties, including customers, third-party suppliers and government bodies such as the ATO
Customer Orders and Fulfilment
When a customer places an order, a notification will be sent to the Provider that includes the customer’s name, shipping address and products ordered.
The Provider agrees to package the order in a manner that will ensure the safe delivery of the items and include any material provided by OHO Media. The Provider agrees to not include any material that promotes their own business, including website, branding elements or details of their own retail store or that of other parties.
The Provider agrees to make their own arrangements for delivery to the customer (e.g Australia Post or courier) and to ensure the items are sent for delivery within 2 days of receiving the order.
In the case of a ‘Made to order’ product, the Provider must select this option in the Provider admin and agrees to send the item for delivery within 2 days of the item being made.
Refunds and Returns
The Provider agrees to comply with the Refund Policy published on the One Hour Out website. As an agent for the Provider, OHO Media agrees to try and resolve any enquiries from the customer relating to returns, refunds or general complaints relating to the order or delivery. The Provider agrees to assist with resolving the dispute by providing timely responses to any questions we or the customer may have.
In some cases, OHO Media may put the Provider in direct contact with the customer to resolve the dispute, in which case, the Provider agrees to communicate with the customer in a timely and professional manner.
Any refunds or credits extended to the customer as part of a refund, return, or dispute, will appear on the monthly sales report sent to the Provider or, in the case where a refund or credit is provided after the Provider has received payment for the sale, then the Provider will receive an adjustment note, and the amount deducted from the next monthly sales transfer. Any commissions paid on the sale of the refunded product will be returned to the Provider.
Commissions and fees
The Provider must provide a valid ABN and notify OHO Media promptly if the ABN is no longer registered or valid.
If the Provider is registered for GST at the time of this agreement, then the Provider must notify OHO Media promptly if this status changes.
Each month, OHO Media will send the Provider a ‘Sales Report’ that outlines all sales of products listed by the Provider in the past 30 days, including
• Title of products sold
• Amount of each product sold
• Total value of sales for each product
• Total value of all sales
• Total of commissions payable to OHO Media
• Subtotal of funds earned for the 30 day period
• Total of any refunds or store credits to be deducted
• Net total of funds to be transferred to the Provider
OHO Media will transfer the net total funds to the bank account nominated by the Provider in the Provider Admin within 7 days of this Sales Report being sent to the Provider.
It is the responsibility of the Provider to ensure that the bank account details uploaded to the Provider Admin are up-to-date and accurate. OHO Media will not be liable for any loss or damages relating to incorrect banking details being provided.
If the Sales Report results in a debt from the Provider to OHO Media, then OHO Media may, at its discretion, raise an invoice to the Provider for the balance or else carry over the debt to the next monthly sales report.
OHO Media will also provide the Provider with an invoice for the commission deducted from the transferred funds, including GST.
Other stuff our overpaid lawyer said we should put in
OHO Media makes no guarantees for value or volume of sales arising from a listing on the One Hour Out website or the utilisation of OHO Media services.
The Provider agrees that they own the copyright for any text or images provided to OHO Media, and provides OHO Media full rights to utilise this content for the purposes of promoting the Provider and the Providers products to the general public.
OHO Media does not have any obligation to keep a record of any text, data or images provided by the Provider or details relating to customer orders. It is the responsibility of the Provider to ensure they have a record of all text, data, images and customer orders.
The Provider agrees that will keep any customer details that they receive private and confidential in accordance with the published Privacy Policy. The Provider will not contact the customer for marketing purposes.
Both parties agree to treat confidential information about either party with care and confidentiality. Neither party will disclose to a third-party any confidential information unless required to by law. This clause will remain in place even after the Provider no longer utilises the Provider Admin, the One Hour Out website or OHO Media services.
The Provider agrees to abide by any applicable laws as part of utilising OHO Media services and dealing with customers.
The Provider agrees to keep the email address provided in the Account Details section of the Provider admin correct and up-to-date, as any changes to this agreement and to processes for utilising the Provider Admin, the One Hour Out website and OHO Media services will be sent to that email address.
Can’t believe you made it this far, let’s wrap it up!
Just like a parking ticket, you can’t transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts remain in place.
Accepting this agreement can be achieved by ticking the “Accept” option or at anytime a product is listed on our website for sale. From this time, the agreement is in place for an indefinite period of time.
Either party may terminate this agreement for any reason by giving notice by email to the other party. At this point, OHO Media will remove the Providers listing within 14 days. The Provider agrees to fulfil any new sales within this period, as well as any unfulfilled sales preceding the termination.
OHO Media will provide a final sales report within 30 days of termination with the net balance to be paid by the owing party within 14 days.
Although the language is simple, the intentions are serious and this contract is a legal document under the jurisdiction of the courts of Victoria.
Definitions:
Providers
Individuals and business who have been accepted to list products on the One Hour Out website and agree to the terms of this agreement
Customer
Members of the public who purchase products from the One Hour Out website and associated subdomains.
Provider Products
Goods that are uploaded by Providers to the Provider Admin and made available for purchase by the general public.
Provider Admin
The administration area that Providers can log in to in order to list their account details and the details of their products, including a description, images, price etc.
One Hour Out website:
The main website that OHO Media operates (www.onehourout.com.au) and associated subdomains such as products.onehourout.com.au, made.onehourout.com.au, markets.onehourout.com.au etc
Fulfilment
The act of packaging and posting out an order to a customer
Sales Report
A monthly report generated by OHO Media and sent to the Provider that outlines all sales made in the past 30 day period.
OHO Media Services
All services provided by OHO Media including, but not limited to, promotional activities, photography services and consulting.
