Seller Terms and Conditions

1. Resell
   

   1.1 The Seller appoints SavvySME the right to resell the Offer under the terms of this agreement.

2. Commission

2.1 Each Seller will be categorised as either a Service Provider or Product Seller. Once approved, sellers are only authorised to sell in their categories.

Current Schedule of Fees

	Products (Anything that is shipped or downloadable - such as stationery, computers, software, eBooks, gift vouchers, training, subscriptions, event tickets)	Professional Services (Non-products such as Accounting, Web design, SEO, Call Centre, Marketing, Copywriting, Virtual Assistance and other services
Listing fee*	Nil	Nil
Number of listings allowed	Unlimited	Unlimited
Sales Commission**	10% of sale price Example: If a product is advertised for $100 plus shipping cost, then commission payable is $10	Flat fee per sale: $50 per lead
Minimum sales	Nil	Nil
Minimum commitment	Nil Modify/remove listing at any time	Nil Modify/remove listing at any time

*For a limited time only, subject to change
**All prices are inclusive of GST

An item will be considered a Service if it could be categorised as either a Product or Service and SavvySME reserves the right to make the final judgement.

2.2 The Seller will pay SavvySME the commission as set out in the fees schedule on all orders placed by customers to SavvySME in respect of the Offer.

At the end of each calendar month, SavvySME will calculate sales and commission amounts for completed orders in that month, and notify the seller of the final account balance for the month. Depending on the balance, we will either issue the seller a tax invoice, or request the seller to send us a tax invoice in order for us to pay you.

Clauses 2.3 to 2.5 determine the possible scenarios of how commissions will be settled.

2.3 Total Sales is more than the Commission, i.e. SavvySME owes the seller:

2.3.1 SavvySME will notify the Seller to send us the tax invoice for the value of “Total Sales” less the Commission” for each completed order in accordance with clause 3.

2.3.2 SavvySME will pay the Merchant within 7 days on receipt of the Tax Invoice.

2.4 The Commission is less than the Total Sales, i.e. seller owes SavvySME:

2.4.1 SavvySME will invoice the seller the value of “the commission” less “Total Sales” for each completed order.

2.4.2 The seller will pay SavvySME within 7 days from receipt of each Tax Invoice.

2.5 The commission is the same as the Total Sales

2.5.1 Neither party will be required to pay the other party.

3. ORDERING and FULFILMENT

3.1 The Seller is responsible for fulfilling placed orders from customers; even if the seller is no longer advertising the offer on SavvySME.

3.2 The Seller will be notified when a customer places an order for their Offer.

3.3 The Seller is responsible for fulfilling the order and ensuring that the order is received by the customer in high quality and in accordance with the terms of this agreement. The Seller will mark the order as Complete once the order is fulfilled (product shipped or service rendered).

3.4 SavvySME reserves the right to validate the completion of order before payouts can be made.

4.Returns and Refunds

4.1 The Seller will provide full refund on the order under these circumstances:

4.1.1 The Offer is changed after the customer has placed the order.

4.1.2 The Seller is unable to fulfil the order for any reason.

4.2 The Seller may be required to provide full refund on the order if the customer and in consultation with SavvySME determines that quality of the Offer was significantly less than what could reasonably be expected (having regard to the specific circumstances).

4.3 The Seller shall also supply to SavvySME all such information and documentation that SavvySME may reasonably request in relation to the customer, including information relating to the request for refund.

4.4 The Seller is responsible for handling their lost orders and will bear the cost of re-shipping the product and / or any charges claimed by the customer resulting from the lost order.

5. Limitation of Authority

5.1 The seller shall have no authority to enter into any legally binding contract or make any promises, representations, warranties or any form of commitment on behalf of SavvySME.

6. LIMITATION OF LIABILITY AND INDEMNITY

6.1 SavvySME shall have no liability whatsoever to the seller in relation to or otherwise connected with this agreement.

6.2 The Seller shall indemnify SavvySME, its directors and employees any liability arising under, or otherwise connected with this agreement.

7. CONFIDENTIALITY

7.1 The Seller acknowledges that all information supplied by SavvySME, or otherwise received from it as a result of, or in connection with this agreement is confidential information of SavvySME, other than any information which is placed into the public domain.

7.2 The Seller shall not use, nor disclose any of the confidential information referred to in clause 7.1 for any purpose whatsoever, other than:-

7.2.1 As may be necessary to enable the merchant to comply with its obligations under this agreement; or

7.2.2 As may be required by law

8. ETHICAL STANDARDS

8.1 The Seller shall ensure that, in all dealings with customers, its employees and agents shall act fairly and honestly, and shall not engage in any conduct which does, or may deceive a customer.

8.2 Without limiting clause 8.1, the Seller shall comply with all reasonable directions of SavvySME in relation to the manner in which the Seller, its employees and agents are to deal with customers.

9. TERMINATION

9.1 This agreement may be terminated as follows:-

9.1.1 By either party on 7 days' written notice to the other. Upon termination, the seller will continue to fulfil all previous orders.

9.1.2 At any time by either party, if the other party shall commit an act of default. A party shall be deemed to have committed an act of default, for the purposes of clause 9.1, if any of the following shall occur:-

9.1.3 Such party shall commit any breach of the terms of this offer agreement and, in the case of any such breach which is capable of rectification, shall fail to remedy such breach promptly upon service upon it of a notice from the other party, calling for such rectification; or

9.1.4 Such party shall be placed into administration, into receivership, or into liquidation, or otherwise have its affairs dealt with for the benefit of its creditors.

9.1.5 SavvySME shall discontinue promoting the Offer on its website once this agreement is terminated.

10. Prohibitive Products and Services

10.1 SavvySME reserves the right but not an obligation to refuse listing of any products or services deemed inappropriate for a business-to-business community site. The products and services prohibited from listing on SavvySME include but not limited to the following:

10.1.1 Adult or Sexually oriented material

10.1.2 Animals and Wildlife Products - examples include live animals, mounted specimens, and ivory

10.1.3 Clothing, Used

10.1.4 Cosmetics, Used

10.1.5 Counterfeit Currency and Stamps

10.1.6 Drugs & Drug Paraphernalia

10.1.7 Drugs, Describing Drugs or Drug-like Substances

10.1.8 Firearms, Ammunition, Replicas and Militaria examples include pepper spray, replicas and stun guns

10.1.9 Frequent flyer or reward point program privileges or points

10.1.10 Gaming/Gambling Devices

10.1.11 Government IDs and Licenses, uniforms or Transit documents and supplies

10.1.12 Hazardous, Restricted, and Perishable Items - examples include batteries, fireworks, and Freon

10.1.13 Items Encouraging Illegal Activity – examples include an eBook describing how to create methamphetamine

10.1.14 Locksmithing or picking Devices

10.1.15 Lottery Tickets

10.1.16 Medical Devices - examples include contact lenses, pacemakers, and surgical instruments

10.1.17 Multi-level Marketing, Pyramid and Matrix Programs

10.1.18 Offensive Material - examples include ethnically or racially offensive material and Nazi memorabilia

10.1.19 Police-Related Items

10.1.20 Political Memorabilia

10.1.21 Prescription Drugs

10.1.22 Stocks and Other Securities

10.1.23 Stolen Property and Property with Removed Serial Numbers

10.1.24 Recalled Items

10.1.25 Tobacco

10.1.26 Transit and Postage Related Items - examples include blueprints of transit facilities, airplane operations manuals, and flight attendants’ uniforms

10.1.27 Weapons & Knives

11.ENTIRE AGREEMENT

11.1 These Terms constitute the entire agreement of the parties with respect to the subject matter hereof.

12.SEVERABILITY

12.1 If any term or provision of this Agreement is held to be illegal or unenforceable, the validity or enforceability of the remainder of this Agreement will not be affected.

13.APPLICABLE LAW

13.1 This Agreement is made under and will be construed in accordance with the laws of the State of New South Wales, Australia, and each party will submit to the exclusive jurisdiction of the courts of that state

14.DEFINITIONS

14.1 In this seller offer agreement, where the context permits, the following terms shall have the following meanings:

“Offer” means the product / services that SavvySME is reselling for the seller.

"customer" means any person or company that placed an order on the Offer on SavvySME.

“order” means the commercial transaction placed by the customer on the seller’s Offer.

“Advertised Price” means the price at which the Offer will be sold.

“Sales” means the proceeds collected from the order placed by the customer.

"GST" means the tax imposed by the GST Law - A New Tax System (Goods & Services Tax) Act 1999, related legislation and any delegated legislation made pursuant to such legislation.

"parties" means SavvySME and the merchant.

"tax invoice" has the meaning given to it by the GST Law.

“product” means an item which need to be shipped or downloaded either electronically or physically e.g. SaaS, Tickets, Online Training, etc.

“service” means an item which are intangible e.g. marketing service, accounting service, etc.