Full payment due at the time of booking. Bond may be required on pick up or delivery. TERMS OF HIRE 1. DEFINITIONS 1. **Agreement** means this Terms of Hire entered into between the Owner and the Hirer; 2. **Authorised Representative** means the company, firm, or person over the age of 18 years old accepting Delivery or Pick-Up of the Equipment by a Third-Party Courier on behalf of the Hirer; 3. **Booking** means the online or physical application completed by the Hirer to hire Equipment; 4. **Breach of Contract** means the failure of the Hirer to comply with the terms of this Agreement; 5. **Cancellation or Refund Policy** means the Owner’s policy for cancellation and refunds published on the Site, as may be updated from time-to-time. 6. **Commencement Date** means the date when Equipment enters the possession of the Hirer or Authorised Representative, whether the Equipment is delivered or picked up; 7. **Claim** includes any claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation and claim for abatement of rent obligation; 8. **Equipment** means any lighting, sound, attachments, leads or any other thing that the Owner hires to the Hirer on the terms of this Agreement; 9. **Excess** means any amount charged to the Hirer for late return, cleaning, or damage to the Equipment less the Rental Bond amount; 10. **Hirer** means the company, firm or person taking the Owner’s Equipment on hire as listed in the Booking; 11. **Hire Fee** means the fee payable by the Hirer to hire the Equipment for the Hire Period; 12. **Hire Period** means from the Commencement Date until the Return Date; 13. **Identification** means a valid Australian Driver’s Licence or Government Issued Photo Card that includes the Hirer’s current residential address; 14. **Nightly Hire Rate** means the nightly hire rate of the Equipment as per the current rates displayed on our Site; 15. **Owner** means Soundworx ABN 24 942 728 736; 16. **Premises** means the residential or commercial address where the Equipment is delivered to or picked up from; 17. **Return Date** means the date the Equipment is returned to the possession of the Owner and the Owner has determined that the Equipment is in a clean and fully functional condition; 18. **Rental Bond** means the amount pre-authorised on the Hirer’s Debit or Credit card prior to Collection of the Equipment, which in default shall be $100.00 or $200.00; 19. **Third-Party Courier Delivery and Collection Service** means the third-party service provider engaged by the Owner to deliver and/or pick-up the Equipment for the Hirer. 2. AGREEMENT 1. This Agreement governs the hiring of Equipment by the Owner to the Hirer and limits the liability of the Owner to the Hirer. 2. The Hirer has agreed to engage the Owner to hire the Equipment on the terms of this Agreement. 3. By completing a Booking, the Hirer acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Agreement. 4. The Hirer acknowledges and agrees that title and ownership of the Equipment shall remain vested in the Company at all times during the Hire Period. 5. The Hirer must be at least 18 years of age to enter into this Agreement unless with their parent or guardian’s legal consent. 3. BOOKING 1. To hire Equipment, the Hirer must: a) Complete a Booking; 2. Pay the Hire Fee in full b) As part of the Booking, the Hirer must: 1. Select the Equipment; 2. Select the Hire Period; 3. Where appropriate, list the event date for use of Equipment; 4. Nominate the Premises; and 5. Provide Identification. 6. The Owner may refuse to accept any Booking in its complete discretion without reason, in which case the Hire Fee and any other fees paid by the Hirer will be refunded in full upon which this Agreement will terminate and neither party will have any rights against the other. 7. All Bookings are subject to the Cancellation or Refund Policy. 4. USE OF EQUIPMENT 1. The Hirer must use Equipment only for the purpose for which it is designed and in accordance with the manufacturer's recommendations and instructions. 2. The Hirer must not make any alterations, additions, or repairs to the Equipment without the Owner's written consent. 3. The Hirer must ensure that all persons using the Equipment are adequately trained and comply with all relevant laws and regulations. 5. DELIVERY AND RETURN OF EQUIPMENT 1. Delivery or pick-up of Equipment will occur at the Premises on the Commencement Date. 2. The Hirer is responsible for all transportation and handling costs associated with the delivery and return of the Equipment. 3. The Equipment must be returned to the Owner by the Return Date. 4. The Equipment must be returned in the same condition as it was received, clean and free from damage, except for fair wear and tear. 6. RENTAL BOND 1. The Hirer may need to provide a Rental Bond as security for the performance of their obligations under this Agreement. 2. The Rental Bond will be held as a pre-authorisation by the card-issuing bank and not by the Owner. 3. The Rental Bond will be released within 1-10 business days from the time the Owner authorises its release, provided that the Equipment has been returned on time, clean, and undamaged. 7. INCIDENTAL FEES & CHARGES 1. Incidental fees may be charged if the Equipment is not returned by the Return Date, is returned damaged or unclean, or if any labels or ties are removed. 2. A Nightly Hire Rate will be charged for every night the Equipment is not returned after the Return Date. 3. Any incidental fees or charges will be debited from the Hirer’s debit or credit card immediately upon notification. 8. LIABILITY 1. The Hirer hires and uses the Equipment at their own risk. 2. The Owner is not responsible for the conduct of any person using the Equipment. 3. The Hirer is responsible for the safekeeping of the Equipment during the Hire Period and must ensure it is stored securely. 4. The Hirer indemnifies the Owner for any loss, claim, or damage to the Equipment during the Hire Period. 5. The Hirer will be invoiced for all repairs or replacement costs if the Equipment is damaged beyond repair or lost. 9. BREACH OF CONTRACT 1. Breaching this Agreement may result in the Owner reporting the Hirer’s details to local authorities or engaging debt collection services. 2. The Hirer is responsible for any costs associated with debt collection or legal services. 3. Interest on outstanding amounts will be charged at 1% above the current Westpac business overdraft rates if payment is not made within 7 days. 10. GENERAL 1. The Hirer acknowledges that they have not relied on any representation, warranty, or statement made by the Owner, other than as set out in this Agreement. 2. Any invalid or unenforceable clause in this Agreement will not affect the remaining clauses. 3. Time is of the essence in this Agreement. 4. This Agreement is governed by the laws of Queensland, Australia. 5. This Agreement is binding upon each party if executed digitally and conveyed by electronic communication. Cancellation & Refund Policy Definitions: • Individual Hire and Set Packages: Includes lights, speakers, audio equipment, special effects, and pre-set party, light, or speaker packages. • Stage Hire and Custom Packages: Includes staging or any combination of equipment specifically quoted for your event. Cancellation Policy (Applies to wet weather, unforeseen circumstances, or acts of God) For Individual Hire and Set Packages: • Cancelled within 24 hours of booking: • Option: Full refund or credit note* • Cancelled 7+ days before Pickup or Delivery: • Option: Refund (minus $25 cancellation fee) or full credit note* • Cancelled 0-6 days before Pickup or Delivery: • Option: Full credit note* (no refunds) For Stage Hire and Custom Packages: • Cancelled 30+ days before event: • Option: Full refund or credit note* • Cancelled 14-29 days before event: • Option: Refund (minus 10% cancellation fee) or credit note* • Cancelled 7-13 days before event: • Option: Refund (minus 25% cancellation fee) or credit note* • Cancelled 2-6 days before event: • Option: Refund (minus 50% cancellation fee) or credit note* • Cancelled 0-1 days before event: • Option: No refund, full cancellation charge applies, or credit note* Postponing Your Booking: If your event is postponed, you can reschedule at no extra charge, or receive a credit note for the full value of your booking (valid for 24 months). Identification and Bond Requirements: A valid driver’s license or government photo ID with your current address is required for pick-up or delivery. Refunds will not be issued if you fail to provide proper identification. No-Show for Pickup or Delivery: Refunds are not available if you fail to pick up or accept delivery of your booking. Credit notes are not exchangeable for cash or refunds. Attached to your invoice, you’ll find the following documents: 1. Hire Agreement and Terms & Conditions 2. Cancellation Policy Please review, sign, and return the hire agreement via email before your scheduled date or you may sign upon collection/delivery. What to Bring: Please ensure you bring a valid government-issued photo ID when collecting your equipment or present this upon delivery. Equipment may not be collected or delivered if this is not available.