Sensation Makeup Artistry

Terms and conditions –make-up services

Effective 1 October 2022


Sensation Makeup Artistry (ABN 97 890 559 329) will provide the services set out above at the charges set out in the Quote, subject to the terms and conditions herein (SMA).


you the customer as specified in the Quote


  1. The meaning of some words used in these terms and conditions

Consumer Guarantee means a guarantee applicable to the supply of goods or services which is incorporated into this agreement pursuant to division 1 part 3-2 of the Australian Consumer Law.

Delivery Date means the date and time for Delivery of the Services as specified on the Quote unless otherwise agreed between the parties, subject to the terms herein.

Materials means any materials, goods, parts or items We need to buy necessarily in order to perform the Services.

Parties is a reference to both Us and You.

Premises means the place where We will provide the Services.

Quote means the agreement, quote, invoice in whatever form, detailing the date for delivery, kind, quantity and price of Services whereby you agree to purchase and SMA agrees to supply.

Services means the make-up and affiliated services We will provide in connection with the Quote. The precise Services We will be providing to You are stated in the Quote and as We agree from time to time.

SMA, We, Us or Our is a reference to Sensation Makeup Artistry (ABN 97 890 559 329).

You or Your is a reference to the person to whom We are providing Our Services and who is required to pay for the Services We provide.

  1. Entering into a legally binding contract
  1. A contract between You and Us will come into being in one of two ways:
  1. when You sign the attached Quote or expressly agree to it (for instance by email requesting to proceed) We and You will enter into a legally binding contract on the date You sign; or
  2. where You and We agree orally that We should provide the Services, then there will be a legally binding contract on the date of our oral agreement; or
  3. by conduct with knowing acceptance of delivery of the Services.

(your failure to acknowledge these terms is not evidence that these terms do not apply)

  1. We suggest that before You accept the Quote or orally agree to Us providing Services that You read through these terms and conditions. If You have any questions concerning them please ask Us.
  2. You should keep a copy of these terms and conditions for Your records.
  3. These terms form part of each contract for SMA to supply the Service to You and these terms negate any terms the You may issue
  4. At any time SMA may change or replace these terms by so notifying you. Any such change or replacement applies to any contract that forms after the change was so notified.
  5. Unless otherwise stated, an SMA quotation to supply Service expires 7 days after issue.
  1. Providing the Services
  1. Once We and You have entered into a legally binding contract, We will normally start providing the Services to You straight away or on a date agreed between Us without further discussion with You. Occasionally the Services will be provided at some other date or time or be dependent on a number of factors.
  2. Our aim is to always provide You with the Services:

(i) using reasonable care and skill;

(ii) in compliance with commonly accepted practices and standards in the Make-up Industry; and

(iii) in compliance with laws and regulations in force at the time We carry out the Services.

  1. Performance of Services
  1. The performance of some of the Services may take place within a location specified within a 50 km radius of the Adelaide CBD, unless otherwise expressly agreed in writing. We reserve the right to refuse to perform the Services at any Premises for any reason.
  1. Availability of Services and Materials
  1. At the time We perform the Services We may not have all the Materials We need to perform the Services. This may be for a number of reasons, such as:

(i) We have not provided an estimate and cannot reasonably establish what Materials are necessary until We start performing the Services;

(ii) where We have provided an estimate, it may not have been reasonably possible to establish the need for particular Materials at the time We provided the estimate (the need for the particular Materials may only be revealed when We start performing the Services); or

(iii) whether or not We have provided an estimate, the condition of an item or the area which is the subject of the Services may only become apparent when We start performing the Services and it was not reasonably possible to establish it until that point,

in such cases We shall offer an alternative or substitute Service equivalent in kind or quality at no penalty to us.

  1. At any time We may change our range of Services on offer without notice.
  2. Services offered are subject to prior sale to other buyers.
  1. Timing
    1. Our responsibility to perform the Services by particular dates

We aim to carry out the Services by the dates and times We either agree with You or notify to You. But We cannot guarantee or provide a firm commitment that:

  1. We will start performing the Services by a specified date or time;
  2. We will complete the performance of all the Services by any specified date or time; or
  3. In addition, there are certain situations or events which occur which are not within Our reasonable control (some examples are given in the next numbered paragraph), including:
  4. where We have to wait for other providers of services (who have been engaged by You) to complete their work before We are able to perform the Services (or the relevant part of the Services dependent on the other provider if ordered at short notice);
  5. where We are unable to gain access to the Premises to carry out the Services at the times and dates We have agreed with You;
  6. where the areas in the Premises have not been readied by You as We and You have agreed in order for Us to perform the Services; or
  7. for other some unforeseen or unavoidable event or situation which is beyond Our control.
    1. What can happen if We cannot start performing the Services or complete performing the Services

If We do not start or complete performing the Services on the Delivery Date or dates We have agreed or notified then You may either choose either:

  1. to continue to wait until We can start performing the Services or complete performing them;
  2. or You can terminate the contract without penalty, subject to:
  1. where We have started performing the Services and You decide You wish to terminate the contract You will have to pay for any Services We have performed up to the date of termination;
  2. compensate us for the cost price of any Materials which We have legal obligation to pay for and we cannot reasonably supply to a different customer; and
  3. where the cause of cancellation is for any reason stipulated in paragraphs 6.1(d) to (g) then we’re entitled to charge you our reasonable costs, including for Materials and travel.
  1. Cancellation & Variation
    1. You may cancel any Service partially or in full by:
  1. providing at least 14 days written notice of the Delivery Date at no penalty or costs and at which time we will process a refund of any pre-payment you have made to us within 14 days.
  2. providing written notice between 24hrs and 14 days notice of the Delivery Date for which SMA will be entitled to a cancelation fee equivalent of 20% of the quoted charge.
  3. providing notice with less than 24 hours’ notice or without notice or where We have started performing the Services and You decide You wish to cancel then You will have to pay for the greater of a cancelation fee equivalent of 50% of the quoted charge.
  4. for all cancellation fees will either render an invoice or (if applicable) process a refund equivalent to the difference between pre-payment/deposit made and the cancelation fee within 14 Business Days.
  5. notwithstanding any of the above you may compensate us for the cost price of any Materials which We have legal obligation to pay for and we cannot reasonably supply to a different customer.
    1. You may only vary a Quote and/or Services by:
  1. proposing a variation in writing, and to be communicated to SMA as soon as reasonably practicable.
  2. upon receipt, or communication, of a proposed variation, SMA will issue an estimate of any changes to the Fees occasioned by the variation, or refuse to perform the variation outright.
  3. a variation shall only be made once agreed to by both parties in writing.Price, estimates and payment
    1. Our charges:
  1. The charges specified in the Quote are payable at the times and in the manner specified in the Quote, including by pre-payment upfront.
  2. invoices are to be paid within 7 days following delivery of the invoice, unless otherwise agreed with SMA in writing and:
  1. You waive right to dispute anything on an invoice not notified in writing (giving reasonable details) to SMA within 7 days you receive that invoice;
  2. SMA may issue an invoice for payment prior to the provision of the Service; and
  3. SMA may issue separate invoices throughout the delivery of the Service at key on stages or on a periodic basis, being no more than once per any 7 day period.
  1. interest on overdue payments will be charged at the Reserve Bank of Australia Cash Rate Target as at the date of the invoice, plus four percent. Interest begins to run on our invoices once they have remained unpaid for 28 days.
  2. SMA may suspend provision of any Services until payment of an overdue invoice is made.
  3. Unless otherwise stated in the Quote the charges include usual delivery costs and insurance.
  4. Unless otherwise stated the charges are exclusive of GST.
    1. Additional charge
  1. Where the amount of work involved is greater than that stated in an estimate or quote following will happen:
  1. if the amount of extra time We need to spend to finish performing the Services will mean that the extra amount payable by You will not exceed 5% of the amount stated in the estimate, then We will carry on providing and completing the Services without contacting You and obtaining Your agreement; or
  2. We will not continue performing the Services and We will seek Your approval to the extra amount that You will need to pay.
    1. GST

All amounts stated (whether orally or in writing) are exclusive of GST and SMA may recover from You an amount equal to any GST for which SMA becomes liable by its sale of the Service to you.

  1. Exclusion and limitation of liability
  1. We do not exclude or limit liability for Our negligence or negligent omission which causes You personal injury or death.
  2. We will only be liable for any loss or damage suffered by You which is a reasonably foreseeable consequence of a breach by Us of this contract.
  3. If any loss or damage suffered by You relates to Your activities or use of the Premises then We exclude all liability for any loss and in particular We exclude all liability for loss of profits or other economic loss arising out of a breach of this contract.
  4. Our liability for failure to comply with a Consumer Guarantee is limited to, at our election:
  1. in the case of goods supplied to You, the replacement of the goods or the supply of equivalent goods (or the payment of the cost to You for the replacement or supply), or the repair of the goods (or the payment of the cost to You for the repair); and
  2. in the case of services supplied to You, the supply of the services again or the payment of the cost to You for having the services supplied again or a refund of the price of the services.
  1. Your warranties
  1. You warrant to us that any information, document, specification you provide to us or your use of our Service shall not infringe any third party intellectual property right, not infringe any moral right, is accurate and is not defamatory or otherwise unlawful or contrary to community standards and you agree to indemnify and keep indemnified us from any breach of this warranty.
  2. We shall have the right to refuse or cease, at our sole unfettered discretion, from providing our Services if we believe the supply may be contrary to the warranty in 10(a).
  1. Communicating with Us

A notice required or authorised to be given or served on a party under this Agreement must be in writing and may be given or served by facsimile, express or registered post, electronic mail (email) or hand to that party at its facsimile number, email address or address as the party may have last notified the other party or parties in writing. Notices sent via post are deemed to arrive in two business days. Notices via email or Facsimile are deemed to arrive the next business day.

  1. Termination of contract by You
  1. This agreement commences on the formation of a contract in accordance with clause 2(a) and continues in force:
  1. the Service have been performed and all charges paid, including GST, to SMA; or
  2. by express agreement in writing between the parties.
  1. Either party may terminate this agreement immediately by giving written notice to the other party if at any time:
  1. the other party commits a breach (other than a trivial breach causing no material harm) of any provision of this agreement and, where the breach is capable of remedy, fails to remedy the breach within 5 days of receiving written notice to do so; or
  2. the other party becomes insolvent, enters into liquidation or receivership, becomes subject to any form of external administration, makes a composition or arrangement with its creditors generally, or takes advantage of any statute for the relief of insolvent debtors.
  1. by reason of any other term of this agreement
  2. Upon termination or expiry of this agreement for any reason you must return all Materials and property of SMA in your possession.
  1. Intellectual property
  1. The specifications and design of the Services (being all intellectual property, including but not limited to, copyright, design right, trade marks or other intellectual property) remain our property.
  2. you grant us a limited, royalty free, non-exclusive, worldwide, revocable Licence for the purpose of delivering the services and record keeping to the intellectual property contained in any document, information or specification you may provide to us.
  3. we grant you a limited, royalty free, non-exclusive, worldwide, revocable Licence to the intellectual property contained in any document, information or specification we may provide to you for the purpose of enjoying the services and record keeping.
  1. Waiver
  1. Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.Written Amendment

No change or modification of the Agreement shall be valid unless made by a further agreement which is signed by all of the Parties.

  1. Severability

If there is any provision of this Agreement or the application of any provision to any person or circumstance which would be prohibited by or be invalid under the law applicable in the State of South Australia that provision shall be ineffective to the extent of the prohibition without invalidating the remainder of the provision or the remaining provisions of this Agreement or the application of those provisions to other Parties or circumstances.

  1. Entire agreement

The above terms of service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.

  1. Governing law

These terms of service are governed by the laws in force in South Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.