Hire Agreement
Our Terms and Conditions
Last updated 31 January, 2022

1.1. This agreement sets forth the terms and conditions under which XRIS MEDIA Pty Ltd (ACN 658 823 860) ("we," "us," or "our") provides hiring services to the customer named below ("you" or "your") (collectively, the "Agreement"). 1.2. In this Agreement, the following terms have the meanings assigned to them, unless otherwise stated: "Agreement" refers to this agreement including the Hire Receipt. "Charges" encompasses any type of charge, including but not limited to the Hiring Charge, Late Fees, Cleaning Costs, Interest, and any additional rates for the Goods as determined by us from time to time. "Cleaning Costs" are outlined in clause 10. "Damage Fee" is outlined in clause 8. "Damage Waiver" is outlined in clause 9. "Goods" refer to any and all equipment, technology, accessories, or products that you hire from us that are listed on a Hire Receipt. "Hiring Charge" is 100% of the cost of the hire of Goods outlined in clause 4. "Hire Period" is the duration of the hire as set out in Hire Receipt. "Hire Receipt" is the digital or physical receipt received by the customer in connection with

2.1. You will comply with your obligations under this Agreement. 2.2. In order to provide you with the Goods, you agree to set up an online account with us so that we can collect all necessary information about you or your business before providing any Goods. 2.3. It is your responsibility to ensure that the Hire Receipt or any other written notification we provide to you, correctly states the condition of the Goods and any ancillary information. If you require any changes to this information during the Agreement, you must notify us as soon as possible. 2.4. If you are contracting with us to hire Goods to a third party, you will: (a) Ensure that the third party complies with the terms of this Agreement; and (b) Indemnify us for any claims, loss, damage, or expenses incurred as a result of any breach of the terms of this Agreement by the third party. 2.5. You acknowledge and agree that: (a) You received the Goods in good, clean condition and in full working order, and that any defects were raised during pick-up at our Premises and recorded on your Hire Receipt; (b) You will always use and take care of the equipment properly; (c) The equipment will be maintained and returned in good, clean condition and full working order; and (d) you will exercise reasonable diligence, care and consideration when using the Goods and will not tamper with, damage or attempt to repair the Goods.

3.1. In order to provide you with the Goods, we will require you to provide the following information, unless otherwise agreed by us: (a) A valid form of identification, such as an Australian passport (dated up to three years after the expiry date), a valid foreign passport, an Australian driver’s licence, or another form of ID that includes your full legal name and photo. (b) Recent proof of your address, in the form of a utility bill, bank statement, or any other equivalent document that is no older than 3 months and includes your name and address. (c) Your credit card details. 3.2. You agree that we will securely retain a physical or digital copy of the proof of identity for the purposes of our verification of identity (VOI) requirements on our system until you have paid all required Charges. Unless you consent to us keeping it for future hires, we will destroy all records of your identification after 365 days of payment of the Charges. 3.3. If we are not satisfied with the form of identification you have provided or it is in a form that we cannot verify, we may request a second form of identification. 3.4. If this Agreement is executed solely online, we will require you to comply with the VOI Requirements by uploading a copy of your valid identification to our website, and we may request that you bring these forms of identification when picking up Goods from our Premises. 3.5. We retain the authority to refuse you the rental of any Goods if we are not convinced with the identification provided for the VOI Requirements, whether it be online or in person during pick-up at our Premises. Should any Charges have been made and the rental of Goods is denied due to the VOI Requirements, you will be eligible for a refund of that money.

4.1. The Goods will be provided in exchange for payment of any Charges. 4.2. As consideration for the hiring of the Goods, you agree to pay 100% of the Hire Charge as outlined in any relevant Hire Receipt and an additional 30% of the Hire Charge as a Security Deposit (refer to clause 5 for further details). 4.3. While we provide information in good faith, we do not guarantee or warrant the accuracy or completeness of any information provided by us or any third party. 4.4. We are not obligated to provide any Goods under this Agreement that are not described in a Hire Receipt. 4.5. The Hiring Charge and any other Charges for the Goods supplied in accordance with this Agreement must be paid by you. 4.6. Any further charges, for cleaning, damage, late returns, loss, breakdown, or Interest incurred in accordance with this agreement, will be charged in accordance with the terms outlined in this Agreement.

5.1. In order to hire any Goods, we require a Security Deposit of 30% of the Hire Charge, which will be retained by us until the Goods are returned in a satisfactory condition as determined by us in our sole discretion. 5.2. After conducting proper assessment and testing of the returned Goods at the end of the Hire Period, the Security Deposit will be returned to you in a reasonable amount of time.

6.1. You must return the Goods to our Premises by the drop-off time and date specified in the Hire Receipt. 6.2. If you return the Goods more than 1 hour after the specified return time on the Hire Receipt, you will be charged an additional fee of $10 per hour for late returns, unless we have agreed otherwise. We reserve the right to change this fee at any time, and will notify you of any changes for future hires. 6.3. If you incur Late Fees, we have the authority to deduct them from your credit card.

7.1. Once you have made a booking to pick up your goods, you must do so within a reasonable time frame. 7.2. If you need to cancel your order: If you cancel more than 24 hours before your scheduled booking, you will be refunded your booking fee minus a 10% cancellation fee and a $10 transaction fee. If you cancel within 24 hours of your scheduled booking, you will be refunded your booking fee minus a 50% cancellation fee and a $10 transaction fee. 7.3. In the event of a cancellation fee being incurred, we will notify you in writing and the refund will be deposited into the account provided. Please note that it may take up to 30 days for the refund to be processed. 7.4. We believe that our cancellation fees are fair and reasonable, considering the costs and lost opportunities associated with canceling a booking. 7.5. In exceptional circumstances, we reserve the right to waive cancellation fees at our discretion. 7.6. This policy does not affect any rights or remedies available to you under the Competition and Consumer Act 2010 or any other national, state or territory legislation.

8.1. If you lose any of the goods that you have rented, you will be responsible for paying the reasonable cost of replacement as determined by us at our sole discretion. 8.2. In the event that any part of the rented goods is lost, the reasonable cost of replacing that specific part will be charged, as determined by us and based on the cost of comparable goods in the market.

9.1. If you cause or contribute to any damage to the goods that you have rented, you will be responsible for paying a damage fee as determined by us. 9.2. Once we have assessed the damage, you will be required to pay any damage fee necessary to repair or replace the goods. We may use the security deposit to cover any such damage fee at our discretion.

10.1. You have the option to pay a non-refundable waiver to limit the cost of accidental damage. If you have paid this waiver fee, the cost of the damage fee will be limited as specified in this clause. 10.2. If you return the goods in a damaged state and you have paid the damage waiver fee, we will still assess a damage fee, but the amount that you are required to pay will be capped at the excess amount specified in Clause 10.3. 10.3. The Damage Waiver will limit the amount of any damage fee payable at the end of any rental period to the stated excess. However, this does not apply if the damage is caused by your negligence, misuse or abuse of the goods. The Damage Waiver is as follows: Cost of Reinstatement/Replacement / Excess Under $500 / $100 $501-$1,000 / $200 $1,001-$1,500 / $300 $1,501-$2,500 / $800 $2,501-$5,000 / $1,175 $5,001-$10,000 / $4,500 Above $10,000 / $7,500

11.1. If we determine that the goods need to be cleaned or serviced upon their return in order to restore them to full working order, you will be responsible for paying any reasonable cleaning or servicing costs as specified by us. 11.2. You authorize us to deduct any such cleaning costs from your credit card.

12.1. If the goods break down, or if you damage or lose the goods during the rental period, you must immediately notify us and return the equipment to us. You agree not to attempt to repair any of the goods without receiving our express prior written agreement.

13.1. You agree to ensure that you have adequate insurance coverage (even if this requires obtaining new policies) to cover loss, damage, theft, or any other unforeseen circumstance that is your responsibility. You will provide us with proof of these insurance policies upon request.

14.1. In the event that payment for any charges is not received by the specified due date outlined in this agreement or on the corresponding rental receipt provided to you, we reserve the right (without prejudice to any other rights or remedies) to: (a) Withhold further goods from being rented until payment is received in full and cleared funds; (b) Require the goods to be returned to our premises; (c) Charge interest on the outstanding amount at a rate of 5.5% per annum; (d) Require that you make advance payments of the charges or other amounts due in full or in part prior to the supply or delivery of further goods; and/or (e) Terminate this agreement. 14.2. You will make all payments without tax deduction unless it is legally required. In the event that a tax deduction is legally required, the payment due to us will be increased to an amount that, after making the tax deduction, leaves an amount equal to the payment that would have been due if no tax deduction was required.

15.1. You will use reasonable care and skill in using the Goods. 15.2. You will notify us in writing of any changes to the information provided. 15.3. We do not give any further warranties, conditions, or terms beyond what is outlined in this Agreement, and all implied warranties are excluded. 15.4. You will fully indemnify us and our team for any expenses or costs arising from claims, proceedings, demands, or liabilities resulting from loss, damage, lateness, cleaning, or breakdown caused by you, your contractual breach or non-performance, your negligent, wilful, or wrongful act or omission, or any tax liabilities or debts resulting from your breach of your tax obligations under this Agreement. 15.5. We have the right to set off any amount owed to us by you against any fees or amounts we owe you under this Agreement. 15.6. You will indemnify us for any loss, liability, or cost that we directly or indirectly suffer in relation to any tax other than tax levied under the law of Australia unless that loss, liability or cost is compensated by an increased payment.

16.1. No provision in this Agreement shall exclude or limit either party's liability for negligence, fraudulent misrepresentation, or any other liability that is not legally permitted to be excluded or limited. 16.2. The maximum liability of either party to the other, arising out of or in connection with this Agreement, for any one event or a series of related events, shall be limited to 1.5 times the total Charges paid or payable by you, exclusive of GST and expenses. 16.3. Neither party shall be liable for any indirect, consequential, special, or incidental loss or damages, including loss of revenue, loss of profits, failure to realize expected profits or savings, overhead costs, or other economic losses, whether arising in contract, tort (including negligence), or under any statute or otherwise, in connection with this Agreement. 16.4. The parties acknowledge that the limitations of liability set forth in this clause are a fair and reasonable allocation of commercial risk between the parties. 16.5. This clause shall remain in effect even after the termination or expiration of this Agreement.

17.1. Variations to this Agreement will only be effective if in writing and signed by authorized representatives of both parties. 17.2. We have the right to assign, sub-contract, or transfer any or all of our rights and/or obligations under this Agreement. You may only assign, subcontract, or transfer any or all of your rights and/or obligations under this Agreement with our prior written consent, which can be refused at our discretion. 17.3. If either party chooses to overlook a breach of this Agreement, this will not prevent that party from taking action in respect of the same type of breach at a future date. 17.4. If any provision of this Agreement is held invalid or unenforceable, such provision will be deemed deleted from this Agreement and replaced by a valid and enforceable provision which so far as possible achieves the parties’ intent in agreeing to the original provision. The remaining provisions of this Agreement will continue in full force and effect. 17.5. This Agreement is governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there. 17.6. This Agreement may be executed in counterparts and all counterparts taken together will constitute one instrument. 17.7. This Agreement constitutes the entire agreement between the parties in respect of the subject matter of this Agreement and supersedes and replaces any prior written or oral agreements, representations or understandings. The parties confirm that they have not relied on any representation that is not expressly incorporated into this Agreement.