Gurrie Pty Ltd

T/A SixtySixTimes

3 Rich Street Abbotsford, 3067

Australia

Terms & Conditions

1 APPLICATION

Application of these Terms and Conditions: These Terms and Conditions apply to all supplies of Goods and/or Services by SixtySixTimes and the Customer and shall apply to the exclusion of all terms and conditions conflicting with or purporting to modify them, except where otherwise agreed in writing between SixtySixTimes and the Customer.

2 QUOTES AND ORDERS

2.1 SixtySixTimes may supply Quote: Where the Customer requests SixtySixTimes to supply Goods and/or Services to the Customer, SixtySixTimes may give the Customer a written quote or proposal

specifying:

(a) the Work required to be done in order to fulfil the Customer's instructions; and

(b) an Estimate for that Work.

2.2 Acceptance by Customer: When SixtySixTimes has given the Customer the Quote:

(a) SixtySixTimes need not commence any Work until the Quote has been accepted by the Customer;

(b) the Customer may accept the Quote in writing (including email) and, unless and until that time, a Quote does not give rise to a binding commitment; (c) SixtySixTimes reserves the right to correct any obvious errors in the Quote, whether technical, stenographic or otherwise.

2.3 Quote evidence of instructions: If a written Quote is accepted by the Customer:

(a) the Quote shall be carried out and the Customer shall pay for the Work in accordance with these Terms and Conditions; (b) the Quote will be conclusive proof of the Customer's instructions (written and verbal) and the Order;

2.4 Validity of Quote: A Quote:

(a) only remains valid for 30 days from the date it is given; and

(b) may be withdrawn by SixtySixTimes at any time by notice to the Customer.

2.5 Variations and Estimates: An Estimate is based on the current cost of production and is subject to amendment before or after acceptance of the Quote to meet any cost variation between the date of the Quote and the date of execution of the Order. SixtySixTimes may amend an Estimate at any time before the Order is completed to take into account any rise or fall in the cost of performing the Order. Any change to an Estimate or Order must be agreed by SixtySixTimes and the Customer.

3 CHARGES

3.1 Invoice: When the Order has been completed, SixtySixTimes may issue an invoice to the Customer for the amount of the Estimate or, if no Estimate was given, an amount representing SixtySixTimes's charge for the Work done, and for any of the other charges specified in clause 3.2.

3.2 Charges additional to Estimate: In addition to the Estimate, SixtySixTimes may charge to the Customer any of the following, except to the extent that such costs are expressly included in any Quote:

(a) fees for any Preliminary Work performed at the Customer's request;

(b) fees for Additional Work required to be done as a result of the Customer changing the Customer’s instructions;

(d) fees and other charges for work required to be done urgently, including any overtime costs;

(e) fees for handling or storing material or equipment supplied by the Customer for the purposes of the Order;

(f) freight and/or installation costs and charges; and

(g) other charges, fees or disbursements referred to in these Terms and Conditions and not specified in this clause.

3.3 GST and Taxes: The Estimate shall be increased by the amount of any GST and other taxes and duties which may be applicable, except:

(a) to the extent such taxes are expressly included in the Quote; and

(b) all out-of-pocket expenses referred to in these Terms and Conditions are GST inclusive.

4 PAYMENT

4.1 Time for payment: The Customer must, within 30 days after the date from the end of the month in which the Goods were received, pay to SixtySixTimes the total amount set out in the invoice. SixtySixTimes may:

(a) alter terms of payment with effect from the date of the next Order that Customer places after it notifies the Customer of such change; and

(b) impose a credit limit at any time, which may be altered at SixtySixTimes's discretion with effect from the date SixtySixTimes notifies the Customer of such alteration. Where the credit

limit is exceeded then, despite anything to the contrary, SixtySixTimes may with immediate effect and without further notice; (i) refuse to supply Goods and/or Services to the Customer; or

(ii) require security in a form satisfactory to SixtySixTimes; or

(iii) alter terms of payment to cash on delivery.

4.2 Late Payment: If the Customer does not make payment by the due date, then:

(a) all money that the Customer owes to SixtySixTimes becomes immediately payable;

(b) SixtySixTimes may charge interest at SixtySixTimes’s bank’s then current commercial overdraft rate plus a margin of 2% per annum on amounts not paid within the time specified in

clause 4.1, commencing on the day after the due date for payment and ending on the date when payment is received by SixtySixTimes; and

(c) SixtySixTimes may suspend any Work in progress and/or cancel any Orders in existence (without prejudice to any other rights or remedies of SixtySixTimes).

4.3 Advance and progress payments: SixtySixTimes may:

(a) issue an invoice for the amount of the Estimate before commencing the Order, if SixtySixTimes has not previously done work for the Customer or otherwise considers it prudent; or

(b) if SixtySixTimes is of the view that completing the Order will take more than a month, at any time before the Order is completed, issue one or more invoices for a proportion of

the amount of the Estimate (the proportion to be at SixtySixTime’s discretion) or require a proportion of the Estimate to be paid in advance of any Work being done.

4.4 Suspension of Work: If the Order is suspended for more than 30 days at the request of the Customer or as a result of something for which the Customer is responsible, SixtySixTimes may issue an invoice for a particular sum (to be specified by SixtySixTimes) for the Work already done and for other costs incurred by SixtySixTimes (including, by way of example but without

limitation, storage costs).

4.5 Damages: The Customer must pay to SixtySixTimes any costs, expenses or losses incurred by SixtySixTimes as a result of the Customer's failure to pay to SixtySixTimes on the due date all sums outstanding from the Customer to SixtySixTimes (including, without limiting the generality of the obligation set out in this clause, any debt collection and legal costs).

4.6 Rebates: The Customer does not become entitled to, and SixtySixTimes is not obliged to pay, any discount or rebate unless all money owing by the Customer to SixtySixTimes has been paid.

5 SERVICES

5.1 Type of Service: Broadly, the services SixtySixTimes supplies can be categorised as follows: Data driven communications Production and Distribution, Creative Services and Integrated Marketing.

5.2 Scope of Work: The Customer may engage SixtySixTimes to provide services for one or more of the above. The Quote will set out the scope of work and services to be performed in more detail.

5.3 Objectives: To have a full appreciation of the Customer’s instructions, the Customer must fully explain to SixtySixTimes the objectives that the Customer has in relation to this matter and the commercial context in which the Customer have requested SixtySixTimes’s services. The Customer must provide SixtySixTimes with all information that SixtySixTimes may reasonably require in order to perform the Services.

5.4 Changes: If the Customer’s objectives change during the course of a project before or during performance of the Services, the Customer must advise SixtySixTimes if it wishes to add to or refine any aspect of its instructions or to discuss or clarify any aspect of the Services SixtySixTimes is to perform. SixtySixTimes will not materially alter the scope of the Services without the Customer’s consent. In some instances, it may be difficult to specify the precise nature of the activities required to perform the Services before the commencement of the Work. If SixtySixTimes considers during the provision of the Services that a material change or addition will be required, SixtySixTimes will notify the Customer of that change and enter into negotiations with SixtySixTimes in good faith concerning any changes to the terms of the relevant Quote.

5.5 Performance: SixtySixTimes must perform the Services with reasonable skill, care and diligence expected of a properly qualified and competent consultant experienced in the provision of similar services.

6 DELIVERY

6.1 Time and place: Delivery of Goods is to be made at the place specified in the Quote. Any time stated for delivery is an estimate only. SixtySixTimes is not liable for any delay in delivery.

6.2 Collection: Where the Customer is to collect the Goods, the Customer must do so from SixtySixTimes premises upon being notified by SixtySixTimes that the Goods are ready for collection.

6.3 Freight costs: If SixtySixTimes agrees to deliver the Goods, the Customer shall bear all freight costs and charges associated with that delivery, which shall include (but not be limited to) all costs and expenses incurred by SixtySixTimes in removing the Goods from its premises, whether by way of actual or attempted delivery to the Customer or otherwise.

6.4 Rejection: The Customer may only reject the Goods if they do not comply with the Order. If the Customer wishes to reject or make a claim for discrepancy in respect of an Order, the Customer must notify SixtySixTimes in writing with full details and supporting evidence of the alleged non-compliance:

(a) if SixtySixTimes is required to deliver the Goods to the Customer's premises - within 7 days of delivery;

(b) otherwise - within 7 days of notification that the Goods are ready for collection.

6.5 Refusal: If the Customer refuses to accept delivery of any Goods, SixtySixTimes may charge the Customer for any additional costs incurred as a result, including storage and transportation costs.

7 RISK

7.1 Risk: The risk of any loss, damage or deterioration of the Goods passes to the Customer:

(a) if SixtySixTimes is required to deliver the Goods to the Customer's premises - at the time of delivery; or

(b) otherwise - at the time SixtySixTimes notifies the Customer that the Goods are ready for collection.

7.2 Risk on rejection: If the Customer validly rejects the Goods in accordance with these Terms and Conditions, risk in the rejected Goods reverts to SixtySixTimes:

(a) if the Goods are at SixtySixTimes’s premises, at the time the Customer notifies SixtySixTimes that the Goods are rejected;

(b) if the Goods are in the possession of the Customer, at the time that the Goods are returned to SixtySixTimes (in the same condition in which they were delivered to the

Customer) during usual business hours and SixtySixTimes acknowledges receipt of them.

8 OWNERSHIP

8.1 Retention of ownership: SixtySixTimes remains the legal and beneficial owner of all Goods sold by SixtySixTimes to the Customer under these Terms and Conditions until all amounts due in respect of all Goods have been paid to SixtySixTimes in cleared funds. Except to the extent agreed in writing by SixtySixTimes :

(a) the Customer must hold the Goods as SixtySixTimes’s bailee and must store the Goods separately and clearly identify them as the property of SixtySixTimes. The Customer must notify SixtySixTimes of all premises at which the Customer holds any Goods supplied under these Terms and Conditions;

(b) SixtySixTimes may call for and recover possession of the Goods (for which purposes the Customer must allow SixtySixTimes 's employees or agents to enter the Customer's premises from time to time to inspect the Goods in the Customer’s possession upon reasonable notice and take possession of the Goods without liability to the Customer) and the

Customer must deliver the Goods to SixtySixTimes if so directed by SixtySixTimes .

8.2 Ordinary business: The Customer may, in the ordinary course of the Customer's business, use the Goods or sell the Goods to a third party for full consideration. However, if SixtySixTimes requires, the Customer must assign to SixtySixTimes the Customer's claim against the third party and must execute all documents necessary to effect that assignment, provided that the authority under this clause shall be revoked from the time that an Event of Default occurs or SixtySixTimes notifies the Customer that is revoked.

8.3 Repossession: If:

(a) the Customer fails to pay any amount (whether in part or in whole) payable in respect of any Goods by the time required for payment; or

(b) the Customer is the subject of an insolvency event such as administration, liquidation or controllership; or

(c) these Terms and Conditions are terminated, or becomes terminable at SixtySixTimes ’s option, then any consent by SixtySixTimes, given under clause 8.2 or implied, to sell Goods owned by SixtySixTimes is terminated and SixtySixTimes may, without notice to the Customer, enter at any reasonable time any premises where the Goods are located (or believed by SixtySixTimes to be located) and take possession of those Goods. The Customer’s permission to enter the premises for that purpose is irrevocable. SixtySixTimes may sell the Goods and apply the proceeds (net of any sale costs) in satisfaction of all or any part of the sums owed. In the event that any of the Goods enjoys copyright protection in favour of the Customer, the Customer hereby grants to SixtySixTimes a licence to sell the Goods. SixtySixTimes is not liable to the Customer in contract, tort or otherwise, for any costs, damages, expenses or losses incurred by the Customer as a result of any action taken by SixtySixTimes under this clause.

8.4 Insurance: Until property in the Goods passes to the Customer, the Customer shall keep the Goods insured in the name of SixtySixTimes and the Customer for their respective rights and interests and will produce to SixtySixTimes, upon demand, evidence of such insurance.

If the Customer fails to so insure the Goods, SixtySixTimes may do so and the cost of such insurance shall be payable by the Customer to SixtySixTimes upon demand. The Customer must notify SixtySixTimes of all insurance claims made by the Customer in respect of the Goods. The Customer must keep the proceeds of sale or insurance in a separate bank account on trust for SixtySixTimes .

8.5 General lien: SixtySixTimes will, in respect of all sums owed by the Customer to SixtySixTimes, have a general lien on all property of the Customer in SixtySixTimes's possession and may, after 14 days' notice to the Customer, sell that property and apply the proceeds (net of any sale costs) in satisfaction of all or any part of the sums owed. If any of the Customer’s property held by SixtySixTimes enjoys copyright protection in favour of the Customer, the Customer hereby grants to SixtySixTimes a licence to exercise the rights conferred on SixtySixTimes under this clause.

8.6 Costs: The Customer must reimburse SixtySixTimes all costs incurred by SixtySixTimes in exercising SixtySixTimes’s rights under this clause.

9 PPS LAW

9.1 Application: This clause applies to the extent that any agreement incorporating these Terms and Conditions provides for or contains a ‘security interest’ for the purposes

of the Personal Property Securities Act 2009 (Cth) (PPS Law) (or part of it).

9.2 PMSI: The security interest granted to SixtySixTimes is a ‘purchase money security interest’ (PMSI) to the extent that it can be under section 14 of the PPS Law.

9.3 Collateral: The Customer agrees that:

(a) all collateral which is at any time subject to SixtySixTimes’s security interest secures its own purchase price; and

(b) in addition, to the extent possible under PPS Law, all collateral which is at any time subject to SixtySixTimes’s security interest secures as a PMSI the purchase price of all collateral supplied to the Customer.

9.4 No limit: This clause 9 does not limit what other amounts are secured under these Terms and Conditions.

9.5 Order of payments: The parties agree that payments will be applied in the following order:

(a) to obligations that are not secured, in the order in which those obligations were incurred;

(b) to obligations that are secured, but not by PMSIs, in the order in which those obligations were incurred; (c) to obligations that are secured by PMSIs, in the order in which those obligations were incurred.

9.6 PMSI: SixtySixTimes may register its security interest as a PMSI. The Customer must do anything (such as obtaining consents and signing documents) which SixtySixTimes requires for the purposes of:

(a) ensuring that SixtySixTimes ’s security interest is enforceable, perfected and otherwise effective under the PPS Law;

(b) enabling SixtySixTimes to gain first priority (or any other priority agreed to by SixtySixTimes in writing) for SixtySixTimes ’s security interest; and

and to assure performance of the Customer’s obligations, the Customer hereby gives SixtySixTimes an irrevocable power of attorney to do anything SixtySixTimes considers the Customer should do under these Terms and Conditions.

9.7 Exercise of rights: The rights of SixtySixTimes under these Terms and Conditions are in addition to and not in substitution for SixtySixTimes ’s rights under other law (including the PPS Law) and SixtySixTimes may choose whether to exercise rights under these Terms and Conditions, and/or under such other law, as SixtySixTimes see fit.

9.8 Provisions not applicable: The following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are ‘contracted out’ of these Terms and Conditions in respect of Goods to the extent that such contracting out is not prohibited by PPS Law:

(a) section 95 (notice of removal of accession to the extent it requires SixtySixTimes to give the Customer a notice), section 96 (retention of accession), and section 125

(obligations to dispose of or retain collateral);

(b) section 130 (notice of disposal to the extent it requires SixtySixTimes to give a notice to the Customer);

(d) section 132(4) (statement of account if no disposal);

(e) section 135 (notice of retention);

(f) section 142 (redemption of collateral); and

(g) section 143 (re-instatement of security agreement).

9.9 Right to seize, possess and dispose: The following provisions of the PPS Law:

(a) section 123 (seizing collateral);

(b) section 126 (apparent possession);

(d) section 129 (disposal by purchase); and

(e) section 134(1) (retention of collateral),

confer rights on SixtySixTimes The Customer agrees that in addition to those rights, SixtySixTimes will, if there is default by the Customer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any Goods, not only under those sections but also, as additional and independent rights, under these Terms and Conditions and the Customer agrees that SixtySixTimes may do so in any manner SixtySixTimes sees fit including (in respect of dealing and disposal) by private or public sale, lease or licence.

9.10 Waiver: The Customer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law.

9.11 Non disclosure: Solely for the purpose of allowing SixtySixTimes the benefit of section 275(6) of the PPS Law, SixtySixTimes and the Customer agree that neither of them must disclose information of the kind that can be requested under section 275(1) of the PPS Law.

10 LIABILITY

10.1 Non-excludable Rights: The parties acknowledge that, under applicable State and Commonwealth law, certain clauses, conditions, guarantees and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Customer in relation to the provision of the Goods or of Services which cannot

be excluded, restricted or modified by agreement ("Non-excludable Rights").

10.2 Disclaimer of Liability: Except for Non-excludable Rights, SixtySixTimes accepts no liability for:

(a) any claim by the Customer or any other person, including without limitation, any claim relating to or arising from all clauses, conditions, guarantees and warranties expressed or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom or usage or otherwise; and

(b) any representations, warranties, conditions, guarantees or agreement made by any agent or representative which are not expressly confirmed by SixtySixTimes in writing;

and the liability of SixtySixTimes for any such matters is hereby excluded.

10.3 Defective Goods/Services: Where (and to the extent) permitted by law, SixtySixTimes is able to limit the remedy of the Customer for a breach of a Non-excludable Right, then SixtySixTimes’s liability for breach of the Non-excludable Right is limited to, at SixtySixTimes’s election:

(a) in the case of Goods, the repair or replacement of the Goods or the supply of equivalent Goods (or the payment of the cost of doing so); and

(b) in the case of Services, the supplying of the Services again (or the payment of the cost of doing so).

10.4 Maximum Liability: Subject to SixtySixTimes’s obligations under the Non-excludable Rights and clause 11.5, SixtySixTimes’s maximum aggregate liability to the Customer in respect of any one claim or series of connected claims under this document or in connection with its subject matter, whether arising in or for breach of contract, negligence or other tort, breach of statutory duty, or under an indemnity or otherwise is limited to an amount equal to the last tax invoice issued by SixtySixTimes to, and paid by, the Customer.

10.5 Indirect losses: Notwithstanding any other provision of these Terms and Conditions, SixtySixTimes is in no circumstance (whatever the cause) liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Customer for:

(a) any increased costs or expenses;

(b) any loss of profit, revenue, business, contracts or anticipated savings;

(d) any special, indirect or consequential injury loss, damage or expense whatsoever and howsoever arising.

10.6 Force Majeure: SixtySixTimes will have no liability to the Customer in relation to any loss, damage or expense caused by SixtySixTimes's failure to complete the Order, to perform the Services or to deliver the Goods as a result of act of God, fire, flood, tempest, earthquake, riot, civil disturbance, industrial dispute, theft, crime, strike, lockout, work stoppage or other labour hindrance, breakdown, act of war (whether declared or not), sabotage, insurrection, epidemic, national emergency (whether in fact or law), requirements of restriction of, or failure to act by, any government, local body or judicial entity, the inability of SixtySixTimes's normal suppliers to supply necessary materials or any other matter beyond SixtySixTimes's control.

10.7 Electronic data: Without limiting the generality of the foregoing clauses, SixtySixTimes will not be liable to the Customer for loss, however caused, of any data stored on disks, tapes, compact discs or other media supplied by the Customer to SixtySixTimes.

11 OUTSIDE WORK

12.1 Liability: If SixtySixTimes has to obtain goods (including typefaces, bromides, film, plates, ornaments, artwork or any other reference or production related material) and/or services not normally stocked or supplied by SixtySixTimes from a third party in order to carry out the Customer's instructions:

(a) SixtySixTimes will not be liable for any breach of these Terms and Conditions if that breach is a result of or is connected with the supply by the third party of the goods and/or services;

(b) SixtySixTimes acquires the goods and/or services as agent for the Customer and not as principal and will have no liability to the Customer in relation to the supply of those goods and/or services. Any claim by the Customer in relation to the supply of those goods and/or services must be made directly against the third party;

(d) property in any goods obtained from a third party and incorporated into the Goods passes to SixtySixTimes at the time of incorporation.

12 CUSTOMER'S PROPERTY

12.1 Material supplied by Customer: If SixtySixTimes and the Customer agree that the Customer is responsible for supplying materials or equipment for the purposes of the Order:

(a) the Customer must supply sufficient quantities of materials to allow for spoilage, such quantity to be specified by SixtySixTimes;

(b) SixtySixTimes will not normally count or check the materials and if requested by the Customer to do so, may charge for counting or checking;

(c) SixtySixTimes will not be responsible for any defects in the Goods which are caused by defects in or the unsuitability of materials or equipment supplied by the Customer; and

(d) property in any materials supplied by the Customer and incorporated into the Goods passes to SixtySixTimes at the time of incorporation.

12.2 Property left with SixtySixTimes: If the Customer leaves property in SixtySixTimes's possession without specific instructions as to what is to be done with it, SixtySixTimes may, six months after gaining possession of the property, dispose of or sell the property and retain any proceeds of sale as compensation for holding and handling the property.

12.3 Responsibility to insure: SixtySixTimes has no obligation to insure any property of the Customer in SixtySixTimes 's possession. The Customer must pay the cost of any insurance arranged by SixtySixTimes at the request of the Customer.

12.4 Customer's property: SixtySixTimes will hold any property of the Customer at the Customer's risk.

13 INTELLECTUAL PROPERTY AND OWNERSHIP

13.1 Ancillary materials: Unless SixtySixTimes and Customer agree otherwise in writing, drawings, sketches, photographs, designs, disks, tapes, compact discs or any other media and other material produced by SixtySixTimes in the course of or in preparation for performing the Order (whether or not in fact used for the purposes of performing the Order) are the property of SixtySixTimes.

13.2 IP & copyright: All intellectual property rights and copyright associated with the Services, including the copyright in all artistic and literary works authored by SixtySixTimes, will remain vested in and the property of SixtySixTimes. SixtySixTimes may grant a limited license to Customer to use the works authored by SixtySixTimes and the terms of that license will be set out in the Quote or other document signed by the parties. SixtySixTimes will not accept any liability whatsoever for any use of materials outside the scope of the license granted. The exercise of such license is conditional upon SixtySixTimes having received all monies due to SixtySixTimes under these Terms and Conditions.

13.3 Warranty: The Customer:

(a) warrants that the Customer has copyright or a licence to authorise SixtySixTimes to reproduce all artistic or literary works supplied by the Customer to SixtySixTimes for the purposes of the Order and the Customer hereby expressly authorises SixtySixTimes to reproduce all and any of such works for those purposes; and

(b) must indemnify SixtySixTimes against all liability, losses or expenses incurred by SixtySixTimes in relation to or in any way directly or indirectly connected with any breach of copyright or of any rights in relation to copyright.

13.4 Intellectual Property Rights: The Customer warrants that the use by SixtySixTimes of any designs or instructions supplied by the Customer will not infringe any intellectual property of any other person and the Customer indemnifies SixtySixTimes against any claim relating to or arising from the infringement of any intellectual property of any other person.

13.5 Ideas: The Customer must keep confidential and not use any ideas communicated by SixtySixTimes to the Customer without SixtySixTimes's prior written consent.

14 PRIVACY AND PERSONAL INFORMATION

14.1 Compliance: The Printer and the Customer each agree to comply with the Privacy Act 1988 (Cth) and any other applicable laws and codes dealing with privacy in relation to the collection, use, storage and disclosure of personal information.

15 GENERAL

15.1 Severability: Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. If that provision cannot be read down, then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.

15.2 Governing law and jurisdiction: These Terms and Conditions are governed by the law in force in the State of Victoria and the parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms and Conditions.

15.3 Waiver: If SixtySixTimes exercises or fails to exercise any right or remedy available to it this shall not prejudice the rights of SixtySixTimes in exercising that or any other right or remedy. Waiver of any term of this contract by SixtySixTimes must be specified in writing and signed by an authorised officer of SixtySixTimes.

15.4 Use of information: The Customer agrees that any information given to SixtySixTimes by the Customer may be disclosed to a referee or a credit agency in order to establish information relating to the Customer’s credit worthiness.

15.5 Termination: Upon the occurrence of an Event of Default, either party may terminate a contract or all or any contracts by notice in writing to the other party and the Customer must pay all outstanding fees to SixtySixTimes .

15.6 Amendment: SixtySixTimes may amend these Terms and Conditions by giving the Customer notice in writing. The amendment takes effect from and in respect of any Order made by Customer after the date of such notice.

16 INTERPRETATION

16.1 In these Terms and Conditions:

“Additional Work” includes all Work undertaken by SixtySixTimes as a consequence of the Customer’s variation, alteration or modification of its instructions in relation to the Order. “Business Day” means a day on which banks are open for general banking business in the State of Victoria, Australia.

“Customer” means the customer for whom the Work is being carried out and where the Customer is more than one person or entity, liability of the Customer shall be joint and several.

“Estimate” means an estimate of cost for the Work contained in any Quote, as varied pursuant to these Terms and Conditions. “Event of Default” means:

(a)

(b)

in respect of a Customer, means an event where the Customer:

(i) fails to comply with the terms of any contract between the Customer and SixtySixTimes including these Terms and Conditions; or

(ii) being an individual is declared bankrupt or becomes of unsound mind; or

(iii) enters into any composition or arrangement with its creditors or goes into liquidation (voluntarily or otherwise) or has a receiver or liquidator or trustee or

statutory manager or administrator or inspector or similar official under any companies or securities or other legislation appointed over all or part of its assets,

or any other such similar event; or

(iv) undergoes a change in its control or ownership, or has a conflict with SixtySixTimes’s interests or the interest of any party related to it which SixtySixTimes considers sufficiently inappropriate; or

(v) ceases or threatens to cease to carry on all, or substantially all of its business or operations; or

(vi) becomes or is declared insolvent or is unable or deemed to be unable to pay its debts, or stops or threatens to stop payments generally.

in respect of SixtySixTimes, means an event where SixtySixTimes:

(i) fails to remedy a breach of the terms of any contract between the Customer and SixtySixTimes which includes these Terms and Conditions within 30 days of receiving

written notice from the Customer; or

(ii) enters into any composition or arrangement with its creditors or goes into liquidation (voluntarily or otherwise) or has a receiver or liquidator or trustee or

statutory manager or administrator or inspector or similar official under any companies or securities or other legislation appointed over all or part of its assets, or any other such similar event; or

(iii) becomes or is declared insolvent or is unable or deemed to be unable to pay its debts, or stops or threatens to stop payments generally. “Goods” means the material outcomes of services provided, or any other goods which SixtySixTimes agrees to supply to the Customer on the terms of these Terms and Conditions.

“Order” means an order placed by the Customer and accepted by SixtySixTimes in accordance with these Terms and Conditions. “SixtySixTimes” means Gurrie Pty Limited, trading as SixtySixTimes ABN 80-142-603-681.

“Preliminary Work” means all and any work performed by SixtySixTimes at the Customer’s express or implied request, the performance of which work was necessary to enable the Order to be commenced and which work was not within the reasonable contemplation of SixtySixTimes at the time when SixtySixTimes supplied the Estimate.

“Quote” means the quote described in clause 2.1.

“Services” means the services which SixtySixTimes agrees to supply to the Customer on the terms of these Terms and Conditions.

“Work” means the work that is the subject of the Order, which may include the production of the Goods and/or the performance of the Services.

16.2 General: In these Terms and Conditions, unless the context otherwise requires:

(a) the singular includes the plural and vice versa;

(b) a reference to a clause is a reference to a clause in these Terms and Conditions;

(c) a reference to a party to these Terms and Conditions or any other document or arrangement includes that party's executors, administrators, substitutes, successors

and permitted assigns;

(d) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;

(e) a reference to a period of time (including, without limitation. A year, a quarter, a month and a day) is to a calendar period;

(f) a reference to a statute, regulation, proclamation, ordinance or by-law includes all statutes, regulations, proclamations, ordinances or by-laws amending,

consolidating or replacing it, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws issued under that statute.

16.3 Headings: In these Terms and Conditions, headings are for convenient reference only and do not affect interpretation.

16.4 Business Day: If the day on which any act, matter or thing is to be done under these Terms and Conditions is not a Business Day, that act, matter or thing