1. Parties and scope
1.1 These terms apply to all goods and/or services supplied by Phase360 (ABN 72 853 431 215) unless otherwise agreed in writing.
2. Currency and tax
2.1 All amounts are in AUD. Prices exclude GST unless stated;
2.2 GST at law is payable in addition.
3. Invoicing and due date
3.1 Invoices will be sent by email to the billing contact provided.
3.2 Payment is due within 7 days of the invoice date or the due date as indicated on the invoice
4. Late interest
4.1 Overdue amounts incur interest at an annual rate equal to the 90‑day Bank Bill Swap Rate (BBSW) plus 3.00% per annum, calculated daily and applied from the day after the invoice due date until payment is received. Daily rate = (BBSW + 3.00%) / 365. Interest = outstanding principal × daily rate × days overdue. GST (if any) is payable on interest charged.
4.2 If the 90‑day BBSW is unavailable or replaced, the parties agree to use the successor benchmark selected by Phase360 or a rate nominated by an Australian financial benchmark administrator.
5. Title, security and mixed supplies (PPSA)
5.1 Title to goods supplied by Phase360 remains with Phase360 until Phase360 has received payment in full for those goods and for all other amounts owing by the customer to Phase360. Until payment in full:
(a) the customer holds the goods as bailee and must store them separately and identify them as Phase360 property;
(b) the customer grants Phase360 a security interest in the goods, any goods into which they are incorporated or transformed, and their proceeds (including insurance proceeds and resale proceeds); and
(c) the customer must not create or permit any other security interest over the goods or their proceeds.
5.2 If goods supplied by Phase360 are transformed or mixed with other materials, Phase360’s security interest attaches to the resulting product and, to the extent permissible, the customer holds the resulting product as bailee for Phase360 or as trustee for Phase360’s benefit. If the goods are irreversibly incorporated into another product, the customer must account to Phase360 for the proceeds of sale and hold those proceeds on trust for Phase360
5.3 The customer authorises Phase360 to register financing statements or other notices on the Personal Property Security Register (PPSR) and to do anything necessary to perfect or maintain Phase360’s security interest. The customer waives any right to receive a verification statement under the PPSA to the extent permitted by law.
5.4 On default (including non‑payment), Phase360 may retake possession of any goods or products subject to its security interest and may enter the customer’s premises to do so. Phase360 may sell or otherwise deal with repossessed goods and apply the proceeds to amounts owing (after deducting reasonable sale costs); any surplus will be returned to the customer and any shortfall remains payable by the customer.
5.5 Nothing in this clause limits other rights available to Phase360 at law. These provisions do not affect any statutory consumer guarantees or rights under the Australian Consumer Law to the extent they apply.
6. Suspension and withholding
6.1 Phase360 may suspend services, withhold deliverables, or refuse further supply while any amount remains overdue, without liability for any loss arising to the customer.
7. Recovery costs
7.1 The customer must pay Phase360’s reasonable costs of debt recovery (including external collection and legal costs) incurred in recovering overdue amounts.
8. Disputes
8.1 The customer must notify Phase360 in writing of any disputed invoice within 7 days of the invoice date, specifying the grounds.
8.2 Parties will act in good faith to resolve disputes
8.3 Undisputed amounts remain payable on time.
9. Governing law
9.1 These terms are governed by the laws of New South Wales, Australia
10. Billing contact
10.1 All billing notices and queries are to be directed via email: [email protected]