Terms of Trade

Snap Terms of Trade

1. Introduction

1.1 Application of these Terms and Conditions

These Terms and Conditions apply to every contract for the sale of goods and services by Snap to the Customer.

1.2 Acceptance of Terms and Conditions

By submitting an Order or otherwise making a purchase from Snap via this Website, the Customer acknowledges and agrees to the following:

(a) You have had sufficient opportunity to review these Terms and Conditions; and

(b) You have read, understood and agree to be bound by these Terms and Conditions.

1.3 Definitions and Interpretation

(a) In these Terms and Conditions:

Additional Work includes all work undertaken by Snap as a consequence of the customer’s variation, alteration or modification of its instructions in relation to the Order;

Australian Consumer Law means the Schedule 2 of the Competition and Consumer Act 2010 (Cth);

Business Day means a day other than a Saturday, Sunday or public holiday in the State or Territory in which the Snap premises are located;

COD means Cash on Delivery;

Customer means any person, organisation or other legal entity who places an Order and is supplied Goods and/or Services by Snap.

Estimate means the estimate referred to sub-clause 2.1(b) (as amended in accordance with clause 2.4);

Freights Costs and Charges includes all costs and expenses incurred by Snap in removing the Goods from its premises, whether by way of actual or attempted delivery to the customer or otherwise;

Goods and/or Services means all Goods and Services supplied by Snap under an Order, including all relevant materials and any branding and design services, copywriting, website design and development, shopping carts, search engine optimisation, email marketing, video production and streaming, e-publications, one to one marketing, or any other good or service offered to and supplied from time to time to the Customer by Snap;

GST means Goods and Services Tax as defined in the New Tax System (Goods and Services Tax) Act 1999 (Cth);

Interest Rate means a rate equal to the cash rate of the Reserve Bank of Australia;

Laws means any law (including common law and equity), legislation, statute, regulation, rule, declaration, code, by-law or other delegated legislation (in each case) whether at commonwealth, federal, state, territory, local or municipal level.

Order means the work required to be done in order to fulfil the Customer’s instructions;

Preliminary Work means any and all work performed by Snap 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 Snap at the time when Snap supplied the Estimate;

Quote means the quote described in clause 2.1;

Service means any activity provided by Snap to customers or users, including but not limited to, Goods, digital products, subscriptions, software, access to platforms or websites, support, maintenance, consultations, repairs and any other assistance or benefit provided by Snap;

Service Providers means any third-party operators engaged by Snap to provide deliver the Goods or Services on its behalf or to assist Snap in fulfilling its obligations related to the Goods or Services.

Snap means Snap Franchising Limited (ACN 009 016 013) (SFL) and/or any related bodies corporate, affiliates, licensors, licensees and franchisees of SFL;

Snap’s Charge refers in each case to the standard or usual fee charged by Snap from time to time in respect of the Order;

Snap Print Solutions Centre refers to locations operated by Snap, which may include corporate stores owned by SFL as well as independently owned and operated franchisee locations; and

Website means https://www.snap.com.au/ or https://printonline.snap.com.au/.

(b) In these Terms and Conditions, unless the context otherwise requires: (a) word importing the singular include the plural and vice versa; (b) words importing any gender include every gender; (c) reference to a person or persons include a body or body corporate, company or corporation; (d) the headings contained herein are for reference purposes only and do not form part of these Terms and Conditions and are to be disregarded in the interpretation hereof; (e) a reference to party to these Terms and Conditions or any other document or arrangement includes that party’s executors, successors, permitted assigns and substitutes; (f) the word ‘including’ (and related form ‘includes’) means ‘including without limitation’; (g) a reference to a clause is a reference to a clause of these Terms and Conditions; (h) a reference to a monetary amount, $, AUD is a reference to Australian dollars.

(c) 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; (a) if it involves a payment other than a payment which is due no demand, must be done on the preceding Business Day; and (b) in all other cases, may be done on the next Business Day.

2. Quotes

2.1 Snap to supply Quote: Snap may, if requested by the Customer, give the Customer a Quote specifying:

(a) the scope of work, including material, labour and other applicable costs, required to fulfill the Customer’s instructions;

(b) an Estimate of the Snap Charge for the performance of such work; and

2.2 Acceptance by Customer: Where Snap has provided a Quote:

(a) Work will not commence until the Customer has accepted the Quote prior to its expiration date.

(b) The Customer may accept the Quote by instructing Snap to begin work, either orally or in writing when placing an Order.

2.3 Quote Evidence of Instructions: Upon acceptance of the Quote, the work specified will be carried out, and the Customer agrees to pay for the work in accordance with the Quote and these Terms and Conditions.

2.4 Snap may revise Quote: Snap reserves the right to adjust the costs payable for the Order if there is any change in the cost of production (including materials, labour or other components) between the date of the original Estimate and the completion date. The Customer will be notified of any such changes, and the amended Quote will apply. The Customer may terminate the Order upon written notice, subject to payment of all work completed up to the termination date.

3. Charges

3.1 Invoice: Subject to clause 5.3, when the Order has been completed, Snap will issue an invoice to the Customer for the amount of the Estimate or, if no Estimate was made, for an amount representing Snap’s Charge for the work done in filling the Order, and for any other charges specified in clause 3.2.

3.2 Additional Charges: In addition to the amount specified in the Estimate, or if no Estimate was provided, in addition to the amount reflecting Snap’s charges for work performed, Snap may charge the Customer for:

(a) fees for any Preliminary Work requested by the Customer;

(b) fees for any Additional Work requested by the Customer;

(d) fees and other charges for urgent work, including overtime costs;

(e) fees for handling or storing materials or equipment provided by the Customer;

(f) fees for modifying or correcting plates, films, bromides, artwork or documents (including computer files) supplied by the Customer to ensure proper production of the Goods;

(g) Freight Costs and Charges; and/or

(h) any other fees, charges or disbursements referenced in these Terms and Conditions but specifically mentioned in this clause.

3.3 Agency Arrangements

(a) If the Customer contracts Snap on behalf of any other person (i.e., other than for the Customer personally), the Customer warrants that they are authorised to enter into a contract on behalf of such person and that the Customer will be liable for all costs irrespective of whether or not the details of such other person are disclosed to Snap.

(b) The Customer agrees to indemnify Snap against any claim, of any kind or nature, by any Customer third parties, arising directly or indirectly from the Customer’s use, inability or refusal to use the materials provided by Snap.

4. Delivery

4.1 Notification: Snap will notify the Customer when the Goods are ready for collection.

4.2 Collection: The Customer must collect the Goods from Snap’s premises upon being notified by Snap that the Goods are ready for collection. If Snap agrees to deliver the Goods, the Customer shall bear all Freight Costs and Charges of such delivery.

4.3 Rejection: Subject to clause 8.1, the Customer may only reject the Goods if they do not comply with the Customer’s instructions. If the Customer wishes to reject the Goods, the Customer must notify Snap in writing of the rejection.:

(a) if Snap agrees to deliver the Goods to the Customer’s premises - within 7 days of delivery (or such other time as is mutually agreed); or

(b) otherwise - within 7 days of notification that the Goods are ready for collection (or such other time as is mutually agreed).

4.4 Risk: The risk in the Goods passes to the Customer:

(a) if Snap delivers the Goods to the Customer’s premises - at time of delivery;

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

If the Customer is entitled to reject the Goods and rejects the Goods in accordance with these Terms and Conditions, risk reverts to Snap at the time the Customer notifies Snap that the Goods are rejected.

5. Payment and Price

5.1 Time for payment: All invoices are payable COD, unless prior credit arrangements have been agreed with Snap.

5.2 Credit arrangements: Any credit arrangements will require Snap’s Limited Credit Application - 30 Days form to be completed and approved by Snap. Any credit provided to a client must be paid in full within 30 days from the date of the invoice.

5.3 Method of Payment: Payment for the Order is to be made by the Customer by Paypal or any other form of payment as offered from time to time by Snap. Unless otherwise stated, all payment shall be in Australian Dollars.

5.4 Interest: Snap may charge interest at the Interest Rate on amounts not paid within the time specified in clauses 5.1 and/or 5.2.

5.5 Advance and Progress Payments

(a) Snap may issue an invoice for the amount of the Estimate before commencing the Order where Snap has not previously carried out work for the Customer or where Snap, in its sole discretion, considers it otherwise reasonable to do so;

(b) If Snap anticipates that the completion of the Order will take longer than usual, Snap may, at its sole discretion, issue interim invoices either monthly or at shorter intervals, based on the work performed as reasonably calculated by Snap;

(c) If Snap believes the Order will take more than a month to complete, Snap may, at any time before completion, issue one or more invoices for a portion of the amount specified in the Quote (the portion to be determined at Snap’s discretion) and require payment of that portion in advance of continuing further work; and

(d) If the Order is suspended for more than 30 days at the request of the Customer or as a result of a matter for which the Customer is responsible, Snap may issue an invoice for the amount (to be determined by Snap in its sole discretion, acting reasonably) for the work already performed and for other costs incurred by Snap (such as storage costs).

5.6 Prices

(a) All prices are inclusive of GST, unless otherwise specified.

(b) Prices displayed on the Website are current at the time of submitting an Order but may change at any time and are subject to availability. Snap reserves the right to change prices and product availability without notice, and where permitted, to limit or prohibit sales to resellers.

(c) Customers acknowledge and agree that prices displayed on the Website apply exclusively to online Orders and may differ from prices offered for in-Snap Centre purchases.

(d) Customers further acknowledge that some Snap Centres may be operated by independent franchisees. As such, the prices for some Goods or Services may vary between Snap Centres and online purchases due to differences in processes and operations. Prices for online Orders from specific Snap Centres may differ from the recommended retail price.

5.7 GST: Snap will do all things reasonably available to it to assist the Customer to claim on a timely basis any input tax credits (if any) the Customer may be entitled to claim for any acquisition of Goods and Services from Snap. This includes Snap maintaining its registered status for GST purposes, and issuing tax invoices for supplies made under these Terms and Conditions on a timely basis as reasonably requested by the Customer.

5.8 Price Accuracy

(a) Snap strives to ensure all prices on its Website are accurate; however, errors may occur. If an error in the price of the Goods or Services ordered by the Customer is discovered, Snap reserves the right to cancel the Order and will notify the Customer as soon as possible.

(b) The Customer will have the option to reconfirm the Order at the correct price or cancel it.

(d) Where the Customer cancels and has already made payment, a full refund will be provided.

5.9 Late or Non-Payment

(a) If an invoice is not paid when due, Snap may cease any further work on the Order until all outstanding invoices have been paid; and

(b) The Customer must pay to Snap any costs, expenses or losses incurred by Snap as a result of the Customer’s failure to pay Snap all sums outstanding, including all debt collection and legal costs (on an indemnity basis), which are incurred by Snap in recovering monies due by the Customer to Snap.

6. Reprint and Replacement Policy

6.1 The Customer must ensure that requests are accurate and complete, including any necessary documentation. Snap will not be held liable for errors or omissions in the Customer’s request, and no refunds or returns will be issued in such cases.

6.2 The Customer acknowledges and agrees all products are custom printed with pre-approved artwork by the Customer. The Customer is responsible for reviewing the artwork, as refunds will not be provided. If there is a fault or mistake in the artwork, the Customer must contact Snap, and if a defect is confirmed, Snap will reprint the item.

6.3 The Customer acknowledges that colours may appear differently on computer screens compared to the final product, influenced by the printer and materials used. If accurate Pantone (PMS) colour matching is crucial, the Customer must inform Snap before product approval to help achieve the closest possible match.

6.4 In the unlikely event that the Customer’s expectations are not met, the following steps must be taken:

(a) The Customer to immediately contact the Snap Print Solutions Centre that produced the order providing photos and a description of the issue.

(b) If the issue cannot be resolved directly with the Snap Print Solutions Centre within 30 days of purchase, the Customer must contact Snap Head Office with photos and details of the unresolved issue at:

Postal Address: Suite 3.01, Level 3, 6 Eden Park Drive, Macquarie Park NSW

Telephone: 02 8870 5131

Email: marketing@snap.com.au

6.5 If the product is found to be defective, Snap will arrange for repair or replacement. Snap’s liability is limited to the cost of repair or replacement. Snap will not cover associated costs, such as installation or removal.

6.6 Snap reserves the right to determine eligibility for full or partial refunds at our discretion. Refunds will not be issued for custom printed or installed products.

6.7 This policy does not affect the Customer’s rights under the Australian Consumer Law. If the product is not of acceptable quality, unfit for purpose, or differs from its description, the Customer may be entitled to a full refund.

7. Title

7.1 Until the Customer has paid all amounts outstanding in relation to the Goods and any other goods or services supplied by Snap to the Customer, title and property in the Goods shall not pass from Snap to the Customer.

7.2 If the Goods are in the Customer’s possession, the Customer shall hold the Goods as trustee for Snap and must store the Goods so that they are clearly identifiable as the property of Snap.

7.3 Snap may call for and recover possession of the Goods (for which purposes Snap’s employees and agents may enter the Customer’s premises and take possession of the Goods without liability to the Customer) and the Customer must deliver the Goods to Snap if so directed by Snap.

7.4 The Customer may, in the ordinary course of the customer’s business, sell the Goods to a third party, but:

(a) the proceeds of sale to the third party shall be held by the Customer as trustee for Snap and the Customer shall account to Snap for the sums; and

(b) if Snap requires, the Customer shall assign to Snap the Customer’s claim against the third party and shall execute all documents necessary to effect that assignment.

7.5 The Customer acknowledges and agrees that these Terms and Conditions and any further contract between the Customer and Snap, may cause a security interest to be created in all present and after acquired goods or services under the Personal Properties Securities Act 2010 (Cth) (PPSA).

7.6 In any security interest created under clause 7.5, Snap is a secured party in relation to the Goods and any proceeds of the Goods and shall be entitled to register its security interest on the Personal Properties Securities Register (PPSR).

7.7 The Customer agrees to:

(a) take all reasonable steps requested by Snap to ensure its security interest in the Goods and the proceeds are enforceable, and to perfect, or better secure the position of Snap.;

(b) reimburse Snap for all expenses incurred in registering a financing statement or financing charge statement on the PPSR;

(c) give Snap not less than 14 days’ prior written notice of any proposed change in the Customer’s name and/or any other change in the Customer’s details; and

(d) the Customer waives any rights to receive any verification statement or other notice required to be issued under the PPSA.

8. Liability

8.1 Proofs: Where Snap submits to the Customer a proof of the Goods, Snap will not be responsible for any errors in the Goods which appeared in the proof, and which were not corrected by the Customer before the Order was completed.

8.2 Non-excludable Rights: The parties acknowledge that, under the Australian Consumer Law and any Laws, certain conditions 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 Services which cannot be excluded, restricted, or modified by agreement (Non-Excludable Rights).

8.3 Disclaimer of Liability

(a) Snap disclaims all conditions, warranties, and remedies, whether express or implied, and all rights conferred on the customer by statute, common law, equity, trade, custom, or otherwise, except for any Non-excludable Rights. To the extent permitted by law, Snap’s liability for a breach of any Non-Excludable Right is limited to:

(i) where there is a supply of goods, to the replacement or resupply of equivalent goods, or the payment to the Customer of the cost of replacing the goods or acquiring equivalent goods; or

(ii) where there is a supply of services, the supply of the services again or the payment of the costs of having these services supplied the Customer again.

(b) Except as otherwise provided under the Australian Consumer Law, any advice, recommendation, information, assistance or service provided by Snap concerning the Goods and/or Services or their use or application is given in good faith and is believed to be accurate, appropriate and reliable at the time of provision, but is provided without any warranty as to its accuracy, appropriateness or reliability. Snap disclaims any liability for any loss incurred by the Customer as a result of reliance on such advice, recommendation, information, assistance or service.

8.4 Indirect Losses: Notwithstanding any other provision of these Terms and Conditions, Snap is in no circumstance (whatever the cause) liable in contact, tort (including negligence or breach of statutory duty) or otherwise to compensate the Customer for or in relation to loss of revenue, profits, savings, chance, business opportunity, goodwill, reputation or the failure of Snap to complete or delay in completing the Order or deliver the Goods.

8.5 Electronic Data: Without limiting the generality of the preceding clauses, Snap shall not be liable to the Customer for any loss or damage, however caused, to data stored on USB drives, external hard drives, cloud storage, memory cards or any other digital media supplied by the Customer to Snap.

8.6 Customer’s Property: Subject to clause 8.5, Snap will not be liable for the damage, loss or destruction of any property of the Customer in Snap’s possession unless the loss or damage is due to the failure of Snap to exercise due care and skill in handling or storing the property.

8.7 Force Majeure: Snap will not be liable for any loss, damage or expense suffered or incurred by the Customer where such loss is occasioned by any cause beyond Snap’s reasonable control, including and without limiting the generality of the foregoing, by war, insurrection, terrorism, fires, floods, strikes, lockouts, delays in transport, breakdowns in machinery, the inability or failure of a supplier to supply necessary materials, or prohibitions or other action by any government or semi-government authority, or embargoes.

9. General

9.1 Acceptable Use Policy: Snap reserves the right at its sole discretion to refuse to print, produce, or otherwise distribute any material that it considers offensive, inflammatory, divisive, or contrary to any Laws relating to hate speech, discrimination or unlawful conduct motivated by prejudice. This includes, without limitation, material that promotes discrimination, violence, or hostility toward individuals or groups based on race, ethnicity, nationality, religion, gender, sexual orientation, disability, or other protected attributes or does not align with Snap’s business values or ethical standards. Where required by Law, Snap will report such material to the relevant authorities, and may do so in its discretion, even if not legally required. Snap’s decision in this regard is final and not subject to review.

9.2 Style and Layout Alterations: If the Customer does not provide specific instructions regarding the style, type or layout before the Quote is prepared: (a) Snap may choose any style, type or layout that it deems appropriate; and (b) Snap reserves the right to charge an additional fee for any extra work required, including the production of additional proofs, resulting from the Customer’s subsequent changes to the style, type or layout initially selected by Snap.

9.3 Material Supplied by the Customer: If Snap and the Customer agree that the Customer is responsible for supplying materials for the Order, the Customer must provide sufficient quantities to account for spoilage, as specified by Snap. Snap typically will not count or check the materials; but if the Customer requests such verification, Snap may charge a reasonable fee for the service. Snap shall not be liable for any defects in the Goods resulting from defects or unsuitability of materials supplied by the Customer. Ownership of any materials provided by the Customer and incorporated into the Goods and/or Services transfers to Snap upon incorporation.

9.4 Ancillary Materials: Unless otherwise agreed in writing by Snap and the Customer, all materials created by Snap in the course of or in preparation for fulfilling the Order - including drawings, sketches, photographs, typesetting, plates, stencils, discs and any other media - remain the exclusive property of Snap regardless of whether they are used in the execution of the Order.

9.5 Confidentiality: The Customer must keep confidential and must not, without the prior written consent of Snap, use any ideas, systems or processes or intellectual property made available by Snap to the Customer.

9.6 Copyright and Trade Marks

(a) Unless otherwise agreed in writing, Snap retains ownership of the copyright in all work it produces.

(b) The Customer represents and warrants that it owns or holds a valid licence for all materials provided to Snap in connection with the Order. The Customer expressly grants Snap the rights to reproduce, modify or otherwise use such materials for the purpose of completing the Order.

(c) The Customer further warrants that it holds the necessary rights to use any trade marks that may be included in the Order and grants Snap the right to incorporate such trade marks into the Order as necessary.

(d) The Customer agrees to fully indemnify and hold Snap harmless against any and all claims, damages, liabilities and expenses (including legal fees) arising from or related to any infringement of third-party intellectual property rights, including copyright or trade mark infringement, resulting from the materials provided by the Customer for the Order.

(e) Upon full payment for the work performed by Snap, Snap grants the Customer a non-exclusive, perpetual and limited licence to use the copyright work created by Snap, solely for the purposes of the Order. This licence does not extend to any other use of the work without prior written consent from Snap.

9.7 Websites

(a) The Customer expressly agrees that the use of websites which are part of any Order is at the Customer’s sole risk. Except as otherwise provided in the Australian Consumer Law, neither Snap nor its employees, affiliates, agents, third-party information providers, contractors, merchants, or licensors warrant that the website, or any scripts or programs, is entirely free of errors or defects or that it will not be interrupted.

(b) The website, scripts, graphics, or any other programming code created for the Customer as part of such website remain the property of Snap until all outstanding invoices are paid in full.

(c) Any scripts, CGI applications, PHP scripts, or software produced for the Customer (unless specifically agreed otherwise) shall remain the copyright of Snap, subject to any third-party licenses, and may only be commercially reproduced or resold with Snap’s permission.

(d) Snap is not responsible for any copyright or intellectual property infringements arising from materials submitted by the Customer. Snap reserves the right to refuse any copyrighted material unless adequate proof of permission for its use is provided. Any additions to the website will be carried out at Snap’s discretion. If no charge is made by Snap for such additions, then, except as provided in the Australian Consumer Law, Snap accepts no responsibility for ensuring that these additions are error-free and reserves the right to charge for any corrections or additional work.

(e) The Customer agrees to provide Snap with all materials required to complete the website to the agreed standard as soon as reasonably possible, in accordance with the timetable outlined in the Quote.

(f) Snap will not be liable for:

(i) costs incurred, compensation, or loss of earnings due to the failure to meet agreed timetables;

(ii) involvement in any disputes between the website owner and the Customer and cannot be held responsible for any wrongdoing on the part of the website owner;

(iii) costs incurred, compensation, or loss of earnings due to work carried out on behalf of the Customer or any agents appointed by the Customer;

(iv) any costs incurred, or any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use the website, including those resulting from viruses, mistakes, omissions, interruptions, deletions of files, errors, defects, delays in operation, or destruction of servers, software, or any materials provided by its agents; or

(v) third-party web hosting arrangements contracted directly by the Customer.

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

9.9 No waiver: No failure or delay by a party in exercising any right, power or privilege under this agreement will impair the same or operate as a waiver of the same. No single or partial exercise of any right, power or privilege precludes any further exercise of the same or the exercise of any other right, power or privilege.

9.10 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.

9.11 Governing Law and Jurisdiction: These Terms and Conditions are governed by the laws in force in the State or Territory where Snap’s premises are located. The parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and any courts that may hear appeals from those courts concerning any proceedings related to these Terms and Conditions.

9.12 Modification of Terms and Conditions: These Terms and Conditions may be subject to change or modification at Snap’s discretion. Customers will be notified of any updates to these Terms and Conditions via the Snap Website or other communication channels.

9.13 Privacy Statement:

(a) Snap collects personal information from Customer’s during interactions initiated via its Website, hard copy forms, telephone communications or in-person meetings. This information is necessary for Snap to provide the requested Goods and Services. With the Customer’s express or inferred consent, the information may also be used for marketing and promotional purposes.

(b) The personal information collected may include, but is not limited to, the Customer’s name, company name, address and contact information. Snap will not disclose this information to any third parties without the Customer’s knowledge or consent, except where such third parties are acting as agents on behalf of Snap. Failure to provide the requested information may prevent Snap from processing the Customer’s Order.

(c) Snap is committed to maintaining the highest level of security across its servers and ensures that any third-party providers it works with uphold similarly stringent security standards for the handling and storage of personal information.

(d) For full details on how Snap manages personal information, including how to access the information held or lodge a privacy complaint, please refer to Snap’s Privacy Policy at https://www.snap.com.au/privacy-policy.html

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