Supplier Information

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BigThanks will email you the following form to be completed with as much detailed information as possible – this will ensure that BigThanks.com.au is able to market your business in the most effective way, and help it reach its full potential!

Supplier Information:

Supplier		Supplier Phone
ABN / ACN		Supplier Email
Contact		Contact Mobile
Street Address		Booking Agent
City and Postcode		Web address

Booking Form:

Service	[Please insert a detailed description of the service]
Highlights	[Please insert detailed HIGHLIGHTS of the service – these are the key selling points to be included]
Conditions	Valid from [ ] until [ ] Maximum of [ ] vouchers may be used per person Bookings are absolutely essential. When booking, please state that you are using a BigThanks.com.au voucher and please provide your 16 digit voucher number Not valid in conjunction with any other offer and not redeemable for cash Non-attendance voids voucher (24 hour cancellation policy applies)
Voucher Expiry
Bank Details of Supplier	Bank: _________________________________ Account Name: _______________________ BSB: __________________________________ Account Number:______________________

Acknowledgments

I / We have read and accept the BigThanks.com.au Standard Terms and Conditions below.

Executed as an agreement on ______________________ in 2011.

Signed in acknowledgement and agreement for and on behalf of the Supplier:

Signature: Print Name:

BigThanks.com.au Pty Ltd

Standard Terms and Conditions

Recitals

The Supplier is a supplier of the service (generically referred to as ‘the Service’) more particularly described in the above Booking Form.
BigThanks.com.au Pty Ltd (‘BigThanks’) will promote the Service on www.BigThanks.com.au (‘the Website’) and sell vouchers to its members (‘vouchers’) thereby entitling the holder of the voucher to redeem it for the provision of the Service by the Supplier.
BigThanks will collect monies in respect of the vouchers purchased and, less an agreed commission, remit these monies to the Supplier within 14 days of redemption of the voucher.
The Supplier (which includes the corporate entity and the owner of the Supplier personally) must honour all vouchers purchased through the Website subject to the terms and conditions of this agreement.

IT IS AGREED as follows:

1. The Parties’ Obligations

(a) Subject to the terms of this Agreement, the Supplier grants BigThanks.com.au a non-exclusive licence to promote the Service on behalf of the Supplier to its members (each a ‘customer’).

(b) BigThanks will create and provide the Supplier with a preview of the marketing material for the advertisement that will appear on the Website for the Supplier’s approval before the publication of the advertisement on the Website.

(c) BigThanks, in its absolute discretion, may choose how, if, when and in which position on the Website it promotes the Service, and may choose not to promote the Service at all.

(d) BigThanks may refer to the Service (or the Supplier) within its marketing efforts both on the Website and in any other advertising forums, at any time.

(e) BigThanks will not continue to promote the Service if the Supplier requests removal from the Website in writing.

2. No Fixed Term

(a) The Supplier and BigThanks agree to terminate this Agreement at any time upon the provision of three months’ notice. This agreement has no minimum fixed term.

(b) In the event that this Agreement is terminated by either party – any monies payable by either party will become due immediately on termination.

3. Supplier warranties - vouchers

The Supplier warrants that it will honour all vouchers purchased by customers through the Website in a manner consistent with all advertised promotions. The Supplier acknowledges that adherence to this term is fundamental, and failure to honour orders made through the Website will lead to additional administrative costs to be incurred by BigThanks, which must then be paid for by the Supplier.

The Supplier agrees to:

(a) display the same (or lower) prices on the Website as it advertises elsewhere (including on its own website);

(b) pay BigThanks a commission of 20% (plus any applicable GST) on all vouchers purchased through the Website (‘the Commission’). The Commission will be immediately deducted by BigThanks on the purchase of the voucher by the customer;

(c) it will supply the Service in a professional and business-like manner consistent with generally accepted standards expected of businesses in the same industry as the Supplier;

(d) not ask for additional consideration from any customer who has bought a voucher via the Website;

(e) treat all customers who have bought a voucher via the Website with the same level of service as those customers who have purchased a service directly from the Supplier; and

(f) notify BigThanks of any changes in ownership or control of the Supplier or its assets immediately upon transfer of ownership or control.

4. Supplier warranties – public liability

The Supplier warrants that

(a) it maintains appropriate public liability insurance for all risks associated with the provision of the Service;

(b) it complies with all laws, regulations and safety standards in relation to the conduct of its business; and

5. Sales Report and Payment Terms

(a) BigThanks will provide the Supplier with access to a dynamic electronic sales report showing all vouchers purchased through the Website. Due to relevant privacy laws, BigThanks will not provide the Supplier with the Personal Information of the customers (but the Supplier will be able to collect these details when the voucher is redeemed).

(b) The Supplier must provide BigThanks with its banking details, and the Supplier shall receive payment for vouchers (less the Commission) made through BigThanks within 14 days of the voucher being redeemed by the customer. BigThanks will provide the Supplier with access to a dynamic automated electronic facility allowing the Supplier to claim payments through the Website.

(c) If any refunds are paid to customers on account of the Supplier failing to honour vouchers purchased through the Website (for whatever other reason including a breach by the Supplier of the provisions of clause 3), BigThanks will notify the Supplier of the same and will deduct the Supplier’s share of the refund from the next amount payable to the Supplier.

6. Intellectual Property

(a) BigThanks may use, display, copy, and distribute the Supplier’s advertising and promotional material (collectively, the ‘content’), and/or prepare derivatives works of the content, and/or incorporate the content into other works in order to publish the content, and or promote the Supplier on the Website or through other external mediums.

(b) BigThanks may provide the ability for users to publicly review the Service provided by the Supplier. The Supplier acknowledges that BigThanks has no control over the views and opinions of users, be it positive or negative, but that BigThanks will, within its complete discretion, remove reviews which it deems offensive or defamatory.

7. Indemnity

The Supplier indemnifies BigThanks against all loss, cost, expenses, actions or claims directly or indirectly incurred or suffered by BigThanks arising in relation to any information or content provided by the Supplier or as a result of any breach of this agreement by the Supplier. The indemnity extends to and includes all loss, costs, damages and expenses incurred by BigThanks in defending and/or settling any such loss, cost, expenses, actions, suites proceedings, claims or demands (including legal costs and disbursements on a full indemnity basis)

8. Governing Law and Jurisdiction

This agreement is governed by the laws of the State of Victoria, Australia. The Parties irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia and waive any right to claim that those courts are an inconvenient forum.