TERMS & CONDITIONS
IMESSA BOOKING TERMS & CONDITIONS
LIVE MUSIC & ENTERTAINMENT
Brisbane, Queensland
Version 1.0 — 2025
C & MJ Constantinou Pty Ltd | ABN 77 677 570 884
ENGAGEMENT OF SERVICES
1. By signing and returning the contract as issued, the hirer(s)/client(s)/customer(s), referred to hereinafter as "the engager", is formally engaging Imessa (a registered business name of C & MJ Constantinou Pty Ltd, ABN 77 677 570 884) to perform at their event as detailed in the Services Agreement, referred to hereinafter as "the contract".
2. The contract serves as confirmation of Imessa's performance in conjunction with a deposit. The deposit is non-refundable except as expressly provided in the Grace Period section of this document. By entering into this contract the engager is securing a particular event date that cannot be offered to another party — resources will be committed on the engager's behalf from the time of confirmation until the event date. Deposit amounts are specified in clause 6 of this document.
3. A booking cannot be considered 100% confirmed and locked-in until the contract has been signed and returned to Imessa. By signing, the engager agrees to the specified terms and conditions in their entirety.
4. Electronic signatures are valid and legally binding under the Electronic Transactions Act 1999 (Cth). A signature applied electronically by the engager via any digital means — including but not limited to typing a name, clicking to confirm agreement, or applying a digital signature — constitutes a lawful and enforceable signature for the purposes of this contract.
5. These terms and conditions, together with the Services Agreement, constitute the entire agreement between Imessa (C & MJ Constantinou Pty Ltd, ABN 77 677 570 884) and the engager, and supersede all prior discussions, representations, and agreements.
DEPOSITS & FEES
6. All bookings require a 30% deposit of the total booking fee to be paid in order to secure and confirm the engagement.
7. The remaining 70% balance must be received by Imessa no later than 14 days before the confirmed event date, regardless of when the booking was made.
8. Bookings confirmed more than 14 days before the event date: the 30% deposit is due within 7 days of Imessa receiving the signed contract. If the deposit is not received within this period, Imessa reserves the right to release the date and offer it to another party.
9. Bookings confirmed 14 days or less before the event date: 100% of the total booking fee (including the 30% deposit component) is due immediately upon returning the signed contract. If the deposit is not received on the date the signed contract is returned, the booking may not be held and Imessa may offer the date to another party.
PAYMENT METHODS
10. Payments to Imessa are to be made by direct bank transfer. Bank account details will be provided on the invoice.
11. Credit card payment is available upon request. All credit card processing fees will be passed on to the engager in full and will appear as an additional charge on the credit card invoice. Imessa accepts no liability for any fees or surcharges imposed by the engager's financial institution.
12. All quotes from Imessa are valid for 30 days, excluding quotes for flights, transport and/or accommodation, which may be subject to change.
GRACE PERIOD
13. Bookings confirmed more than 42 days (6 weeks) before the event date: if the engager cancels within 7 days of Imessa receiving the signed contract, the engager is entitled to a refund of the full 30% deposit minus a $150 administration fee. Any other amounts paid will also be refunded.
14. Bookings confirmed 42 days or less before the event date: no grace period applies. Standard cancellation terms apply from the date of signing.
15. All applicable refunds under this Grace Period section will be processed within 14 days of Imessa receiving the written cancellation request.
CANCELLATION BY ENGAGER
16. The engager will never be charged more than 30% of the total booking fee as a cancellation cost. Any amount paid beyond the 30% deposit will always be refunded to the engager.
17. If the engager cancels the booking 8 weeks (56 days) or more before the event date (and outside any applicable grace period), the 30% deposit will be refunded minus a $150 administration fee. Any other amounts paid will also be refunded.
18. If the engager cancels the booking more than 14 days but less than 8 weeks before the event date, the 30% deposit will be refunded minus a $150 administration fee and a $150 fee per cancelled musician. Any other amounts paid will also be refunded.
19. If the engager cancels the booking 14 days or less before the event date, the engager forfeits the full 30% deposit, which becomes entirely non-refundable. Any amount paid beyond the 30% deposit will be refunded.
20. If no monies have been paid at the time of cancellation, the engager may be invoiced for any deposit amount that was due but unpaid in accordance with the DEPOSITS & FEES section. Any outstanding amounts must be paid by the original due date or within 30 days of the cancellation request, whichever comes first.
21. All cancellation requests must be made in writing directly to Imessa by the engager.
CANCELLATION BY IMESSA
22. In the unlikely event that Imessa must cancel a confirmed booking for reasons other than Force Majeure, Imessa will notify the engager in writing as soon as reasonably practicable and will refund all monies paid in full within 14 days.
23. Imessa will make all reasonable attempts to source a suitable replacement act of comparable quality and experience. Imessa's liability in the event of cancellation is limited to the full refund of monies paid and does not extend to any other costs, losses, or damages incurred by the engager.
DOWNGRADE BY ENGAGER
24. For the purposes of this contract, a downgrade means reducing the agreed line-up or scope of the booking (for example, changing from a 5-piece to a 4-piece band).
25. If the engager downgrades 8 weeks (56 days) or more before the event date, no downgrade fee applies. The total booking fee will be adjusted to reflect the reduced line-up.
26. If the engager downgrades more than 14 days but less than 8 weeks before the event date, a $150 fee per cancelled musician applies. The remaining portion of each cancelled musician's fee will be removed from the total booking fee.
27. If the engager downgrades 14 days or less before the event date, a $250 fee per cancelled musician applies, reflecting minimum industry wage requirements. Any remaining portion of each cancelled musician's fee will be removed from the total booking fee. All downgrade requests must be made in writing directly to Imessa by the engager.
RESCHEDULE BY ENGAGER
28. If the engager wishes to reschedule the event to a different date, Imessa will make all reasonable efforts to accommodate the request. All reschedule requests must be made in writing directly to Imessa by the engager.
29. If the engager requests to reschedule the event 8 weeks (56 days) or more before the event date, the original 30% deposit will transfer in full to the new date and a $150 administration fee will be payable within 7 days of Imessa confirming the new date. If Imessa is unable to offer any suitable alternative date within this timeframe and the engager elects not to proceed, the booking may be cancelled and the 30% deposit will be refunded minus a $150 administration fee. Any other amounts paid will also be refunded.
30. If the engager requests to reschedule the event less than 8 weeks before the event date, the original 30% deposit will transfer in full to the new date and a $150 administration fee will be payable by the earlier of (a) the original balance due date, or (b) 14 days after Imessa confirms the new date. If Imessa is unable to offer any suitable alternative date within this timeframe, or is unavailable on the engager's preferred new dates, and the engager elects not to proceed, the engager forfeits the entire 30% deposit. Any amount paid beyond the 30% deposit will be refunded.
31. A rescheduled booking is subject to Imessa's availability and may be subject to revised pricing where the new date falls in a different season, year, or pricing period. Any such changes will be communicated to the engager in writing prior to confirming the new date.
GOVERNMENT-IMPOSED RESTRICTIONS
32. Government-imposed restrictions for the purposes of this contract include any public health order, lockdown, emergency direction, or similar government action that legally prevents the primary event holders (for example, the couple for a wedding) from holding or attending their event on the scheduled date. This section operates as a more generous exception to the standard cancellation, downgrade, and reschedule terms.
33. If the event cannot proceed on the scheduled date due to a government-imposed restriction as described in clause 32 and the engager elects to reschedule the event, the original 30% deposit will transfer in full to the new date and Imessa will not retain any portion of the deposit. A single $150 administration fee will be payable in connection with the reschedule, regardless of when the restriction arises. No additional per-musician cancellation or downgrade fees will apply where the sole reason for the change is a government-imposed restriction under this section.
34. If the event cannot proceed on the scheduled date due to a government-imposed restriction as described in clause 32 and the engager does not wish to reschedule and instead requests a refund, the 30% deposit will be refunded minus a $150 administration fee. Any other amounts paid will also be refunded in full. Imessa will not retain the deposit beyond the $150 administration fee in any government-imposed restriction scenario covered by this section.
35. If, in a reschedule scenario under clause 33, Imessa is unable to offer any suitable alternative date within a reasonable timeframe and the engager elects not to proceed, clause 34 will apply and the refund (deposit minus $150 administration fee and any other amounts in full) will be processed on the basis of the original event date.
36. All requests under this Government-Imposed Restrictions section must be made in writing, and any applicable refunds will be processed within 14 days of Imessa receiving the request. These terms apply only where the restriction directly affects the primary event holders. Where restrictions apply only to guests, venue staff, or other third parties, standard Imessa terms and conditions (including cancellation, downgrade, and reschedule clauses) will apply.
RIGHT TO SUSPEND OR CEASE PERFORMANCE
This section protects Imessa and its musicians where unsafe or threatening conditions arise at an event.
37. Imessa and all contracted band members reserve the right to temporarily suspend performance at any time if, in their reasonable judgement, any of the following conditions are present:
• Members of the audience, guests, or event staff are behaving in an aggressive, threatening, abusive, or intimidating manner toward Imessa or any contracted musician;
• Persons are attempting to, or have gained unauthorised access to, the stage or performance area;
• Persons are touching, handling, playing, or otherwise interfering with Imessa's equipment or instruments without explicit permission;
• Intoxicated or disorderly persons are posing a risk to the safety of Imessa, band members, or their equipment; or
• Any other circumstance that Imessa reasonably considers to be unsafe or threatening.
38. In the event of a suspension under clause 37, Imessa will notify the engager or their nominated on-site contact immediately. The engager is responsible for taking prompt and reasonable steps to rectify the situation, including but not limited to removing the relevant persons from the performance area or engaging security or venue staff.
39. If the unsafe or threatening conditions are not resolved within 15 minutes of Imessa notifying the engager or their on-site contact, or if conditions escalate at any time, Imessa reserves the right to cease performance entirely and vacate the venue.
40. In the event of a full cessation of performance under clause 39, the engager will forfeit 100% of the total booking fee. No refund will be provided. Imessa accepts no liability for any losses, costs, or damages incurred by the engager or any other party as a result of the cessation.
41. Time lost during a suspension under clause 37 will not be made up and Imessa is not obligated to extend the performance beyond the contracted finish time as a result of any suspension.
42. The engager is responsible for ensuring that responsible service of alcohol is observed at their event in accordance with applicable Queensland laws and venue licensing requirements. Imessa is not liable for any harm, disruption, property damage, or safety incident arising from the intoxication of guests where such intoxication resulted from inadequate oversight of alcohol service at the event. Where excessive intoxication of guests contributes to conditions that trigger Imessa's right to suspend or cease performance under this section, the engager accepts full responsibility for those conditions.
EQUIPMENT PROTECTION & THIRD PARTY LIABILITY
This section establishes the engager's responsibility for the conduct of guests and third parties in relation to Imessa's equipment.
43. Band member equipment and instruments are not to be touched, played, or used at any time by the engager, their guests, patrons, venue staff, or any other person present at the event, unless explicit written permission has been provided by the owner of the equipment.
44. There is strictly no microphone sharing during an Imessa event for the health, safety, and wellbeing of all parties. If the engager witnesses event attendees touching or using the band's microphones or other equipment, Imessa requests they immediately ask those persons to stop and advise the band so that items can be sanitised.
45. The engager is responsible for the conduct of all guests, patrons, and third parties in attendance at the event in relation to Imessa's equipment and property. This responsibility applies regardless of whether the engager was directly present at the time of any incident.
46. Any damage to Imessa's or contracted band members' equipment and/or property caused by the engager, their guests, or any third party present at the event will result in a damage fee payable by the engager. This includes but is not limited to:
• Physical damage to or destruction of instruments, amplifiers, speakers, microphones, cables, stands, or any other equipment;
• Damage caused by the spilling of alcohol or other beverages due to carelessness or intoxication;
• Damage caused by persons falling into, knocking over, or colliding with equipment; and
• Any other damage caused by unauthorised handling or interference with equipment.
47. A formal quote and invoice for repair or replacement will be provided to the engager. Payment is required within 14 days of receiving the invoice. Imessa reserves the right to obtain multiple quotes and will provide evidence of the damage and the cost of repair or replacement.
48. The engager's liability under this section is not limited to the deposit or total booking fee and may exceed those amounts in the event of significant damage to equipment.
RESPONSIBLE SERVICE OF ALCOHOL
49. Imessa is not liable for any harm, damage, disruption, or loss arising from the intoxication of guests where such intoxication resulted from inadequate alcohol service oversight by the engager, venue, or their representatives.
50. Where a licensed security presence is required by the venue or by law, it is the engager's responsibility to ensure that security personnel are arranged and present for the duration of the event.
PERFORMANCE DETAILS
51. The band's start time is when the band is ready to commence playing and the finish time is when the band ceases playing and commences packing up equipment. Setup and sound check will begin approximately 60 minutes prior to the start time.
52. If the engager or venue requests an early setup time and/or sound check, additional costs may apply, charged at $83 per hour per musician or $41.50 per 30 minutes per musician (based on Musicians Australia minimum rates).
53. For any bookings that exceed midnight (12am), an additional $50 per musician per hour will apply.
54. Extended bookings beyond the contracted performance duration are charged at $150 per musician per hour.
55. There can be a maximum of four 45-minute sets during a 5-hour booking, giving a total maximum performance time of 3 hours. The remaining time accounts for set breaks of at least 15 minutes between each set. One or more sets must be a dinner or background music set. Sets cannot exceed 60 minutes in length. For bookings of a different duration, the set structure will be agreed in writing as part of the Services Agreement.
56. During set breaks, Imessa will play appropriate background music from a pre-prepared digital playlist or from a playlist provided in advance by the engager. The engager or venue is responsible for ensuring any required music licences (including APRA AMCOS) are in place for the event.
57. A speech microphone can be arranged by Imessa upon advance request. A charge may be incurred for the provision of a wireless microphone depending on the requirements of the event. This will be communicated to the engager at the time of the request.
58. If at a later date the event schedule and/or details specified by the engager contradict previous communications, the contract, or the original quote, additional costs may apply. Any such additional costs will be quoted to the engager in writing and are payable within 7 days of the revised quote being accepted, or prior to the event date, whichever comes first.
SETLIST & SONG REQUESTS
59. Setlists are curated at Imessa's professional discretion. Imessa reserves the right to determine the order, selection, and arrangement of songs performed at any event.
60. Imessa will always endeavour to accommodate the engager's song requests, in particular for special moments such as the first dance, key event entrances, or other special milestones.
61. All song requests must be submitted in writing no later than 30 days prior to the event date. Requests submitted after this deadline may not be accommodated.
62. Imessa reserves the right to decline any song request at their professional discretion, including but not limited to circumstances where a song is not considered suitable for live performance, falls outside Imessa's repertoire, or cannot be adequately prepared within the available timeframe. Declined requests will be communicated to the engager as soon as reasonably practicable.
63. The acceptance of a song request is not guaranteed until confirmed in writing by Imessa.
BAND MEALS & BEVERAGES
64. It is a requirement that the engager provides Imessa and all contracted band members with a basic crew meal. This is industry standard practice and the venue or catering company can assist the engager in organising this. Failure to provide a crew meal may result in an additional catering fee being charged to the engager.
65. Access to drinking water is required at all times for Imessa and all contracted band members during events.
66. The provision of other beverages is greatly appreciated where possible.
OUTDOOR EVENTS & WEATHER
67. It is the engager's responsibility to ensure all band members and their equipment have sufficient protection from the elements, including heat, rain, and moisture.
68. If during performance the weather becomes unsuitable or unsafe (including but not limited to electrical equipment or musicians being exposed to damp or wet conditions), band members reserve the right to cease performing and may pack up electrical equipment at their discretion.
69. In cooler months, it is the engager's responsibility to ensure appropriate heating is provided for all band members.
70. It is the engager's responsibility to ensure the band has clear access to an adequate power supply close to the performance location, preferably from a source not shared with other electronics. The band requires a dry, flat, hard surface for setup.
VENUE ACCESS & BUMP-IN
71. It is the engager's responsibility to ensure that Imessa is granted sufficient and timely access to the venue to complete setup and sound check prior to the commencement of the event. Setup and sound check typically require a minimum of 60 minutes prior to performance start time.
72. If the venue does not provide Imessa with adequate access within the required timeframe due to circumstances within the engager's or venue's control, Imessa will not be liable for any delay to the performance start time or reduction in performance time as a result. The contracted performance fee remains payable in full.
73. If venue conditions — including but not limited to ceiling height, floor surface, loading access, power availability, or space constraints — prevent or materially affect Imessa's ability to set up or perform as contracted, Imessa will notify the engager as soon as the issue is identified. Any additional costs incurred as a result of venue-imposed constraints are payable by the engager.
74. It is the engager's responsibility to communicate all relevant venue access requirements, restrictions, and conditions to Imessa in advance of the event.
PRIVATE PROPERTY EVENTS
75. If the engager does not have a venue manager for their event, a designated on-site contact must be appointed for Imessa to liaise with regarding any issues that may arise.
76. If the private property is difficult to locate, the engager must provide detailed directions in advance. If there will be no phone reception at the event location, the engager must notify Imessa prior to the event.
TRAVEL
77. Travel fees apply for distances more than 30km from CBD locations and are charged at the current ATO cents per kilometre rate. This rate is subject to annual ATO review and the rate applicable at the time of the event will apply. For example, if the event is 100km from the CBD (30km included + 70km chargeable), the total return travel cost is calculated as: 70km x 2 (return) x current ATO rate, per musician.
78. If it is necessary to source a musician from outside a CBD location, their travel fee is calculated for distances more than 30km from their closest CBD in the direction of the event.
79. For events requiring flights, Imessa will quote flight costs valid at the time of enquiry. If the booking is delayed, originally quoted flight prices may be subject to change.
80. If the driving distance to an event exceeds 2 hours and 15 minutes for any band member, suitable accommodation must be provided at the engager's expense. Imessa will organise accommodation and add costs to the final bill.
81. Bookings requiring flights, transport, and/or accommodation may require a larger deposit to cover these additional costs. Per diems and incidentals may also apply for overnight bookings.
NOISE LEVEL RESTRICTIONS
82. It is the engager's responsibility to verify any noise level restrictions in place at the event location prior to booking and to communicate these to Imessa as soon as possible. Venues can often include noise restrictions in their small print and these may significantly affect the delivery of live performance.
83. Imessa is not liable for any noise level restrictions that negatively affect the delivery or quality of live entertainment if those restrictions were not communicated at the time of confirming the booking.
PA SYSTEM & EQUIPMENT
84. For bookings requiring flights, an AV company may need to be sourced and backline (including instruments) may need to be hired at the engager's expense.
85. Imessa will provide a suitable PA system for the event. At times, the venue's in-house PA system may be used instead of or in addition to Imessa's own PA.
86. It is the engager's responsibility to provide an accurate guest count at the time of booking to ensure the PA system is of sufficient size. For larger events, additional sound equipment or an external AV company may be required at the engager's expense.
PUBLIC LIABILITY INSURANCE
87. Imessa is operated by C & MJ Constantinou Pty Ltd (ABN 77 677 570 884), which holds current public liability insurance to the value of $20,000,000 (twenty million dollars AUD). A certificate of currency is available upon written request.
88. All musicians contracted by Imessa to perform at an engagement are required to hold their own current public liability insurance. Proof of insurance for contracted musicians is available upon written request.
89. It is the engager's responsibility to ensure that the venue at which the event is held holds appropriate public liability insurance and any other insurances required by law or by the venue's own operational requirements. Imessa accepts no liability for any losses or damages arising from a venue's failure to hold adequate insurance.
90. Imessa strongly recommends that engagers consider taking out wedding or event insurance to protect against unforeseen circumstances including but not limited to vendor cancellation, weather events, and illness.
INTELLECTUAL PROPERTY & RECORDINGS
91. Imessa retains all intellectual property rights in its performances, arrangements, original compositions, and any recordings thereof.
92. Guests and the engager are welcome to take photos and videos of Imessa's performance and upload these to personal social media accounts and platforms without prior permission from Imessa.
93. If Imessa reasonably determines that a specific video or recording of their performance should be removed from a platform — including but not limited to reasons of quality, context, or reputational concern — Imessa will notify the engager or the relevant party in writing. The engager agrees to use reasonable endeavours to have the content removed promptly upon receiving such a request.
94. Imessa reserves the right to use photos and video footage from events for promotional purposes including but not limited to their website, social media, portfolio, and press materials. Imessa will always seek the engager's written permission before publishing any identifiable images or footage from their event. Imessa will not upload or publish any content from an event without receiving that permission first.
95. Any commercial use of recordings of Imessa's performances by the engager or any third party requires separate written agreement with Imessa prior to use.
PROFESSIONAL CONDUCT
96. Imessa and all contracted band members commit to conducting themselves professionally at all times during an engagement, including during setup, performance, breaks, and bump-out.
97. All Imessa musicians will be fit to perform at their event. Imessa operates a strict policy that no band member will perform whilst intoxicated or under the influence of substances that impair their ability to perform safely and to a professional standard.
98. If at any time a band member is unable to perform to a professional standard due to illness or any other reason within their control, Imessa will make all reasonable efforts to source a suitable replacement and will notify the engager as soon as practicable.
NON-PAYMENT & DEBT COLLECTION
99. If the engager fails to pay the remaining balance by the due date, Imessa will make all reasonable attempts to contact the engager through all available means. If the balance remains unpaid at the time of the event, Imessa reserves the right to refuse to perform at the event. In this circumstance, the deposit will be forfeited in full and no refund will be provided. If Imessa is unsuccessful in contacting the engager up to and including 3 days past the due date, the lack of contact and payment will result in the booking being deemed a cancellation and standard terms will apply.
100. If the engager makes contact on or after 4 days past the due date and requests reinstatement in writing, a non-refundable $150 reinstatement fee applies. The reinstatement fee and full remaining balance must be paid within 24 hours and proof of payment must be provided.
101. Following a cancellation due to non-payment, Imessa cannot guarantee availability of the same musicians if the booking is reinstated, and in some cases reinstatement may not be possible at all.
102. In the event of non-payment where Imessa holds a valid signed contract, recovery action may be undertaken through a debt collection agency. The engager will bear all associated fees, costs, and any interest on the outstanding debt.
DELAYS & FORCE MAJEURE
103. Force Majeure is an event beyond the reasonable control of the affected party, including unexpected illness of performing artist(s), or any other circumstance including but not limited to: riot; war; hostilities; acts of government or regulatory authorities; labour disturbance; fire; strikes; lockouts; accidents; pandemics (local or international); sabotage; threatened or actual acts of terrorism; acts of God; and natural disasters or extreme weather events including flooding, cyclones, hurricanes, earthquakes, and tsunamis.
104. Imessa and contracted band members are not liable to the engager for any defaults or delays in performance arising from a Force Majeure event. Where Imessa is wholly unable to fulfil the engagement due to a Force Majeure event, the engager will not be held to the financial terms of the contract. In all other Force Majeure circumstances, the engager remains liable to the terms of the contract unless Imessa offers and the engager accepts an alternate arrangement.
105. If the engager declines an alternate solution offered by Imessa, it will be treated as a termination of the contract and standard cancellation terms apply.
106. In the event that a requested performer is unable to perform due to Force Majeure, Imessa will make all reasonable attempts to secure a replacement performer of equal quality and experience.
LIMITATION OF LIABILITY
107. To the maximum extent permitted by law, Imessa's total liability to the engager for any claim arising out of or in connection with this contract — whether in contract, tort, or otherwise — is limited to the total booking fee paid by the engager under this contract.
108. Imessa is not liable for any indirect, consequential, special, or economic loss or damage incurred by the engager, including but not limited to costs of sourcing an alternative performer, reputational damage, or loss of enjoyment.
109. Nothing in these terms and conditions excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition implied or imposed by any legislation where to do so would cause part or all of this clause to be void.
PRIVACY
110. Imessa collects personal information from engagers (including names, contact details, and event information) for the purpose of managing bookings, delivering services, and communicating with clients. This information is collected and handled in accordance with the Australian Privacy Act 1988 (Cth).
111. Personal information collected by Imessa will not be sold, shared, or disclosed to any third party except where necessary to fulfil the engagement (for example, sharing event details with contracted musicians) or where required by law.
112. Engagers may request access to or correction of their personal information at any time by contacting Imessa at mel@imessa.com.au.
DISPUTE RESOLUTION
113. In the event of a dispute arising out of or in connection with this contract, the parties agree to attempt to resolve the matter in good faith through direct written communication in the first instance. The party raising the dispute must provide written notice of the issue to the other party, and both parties agree to respond and engage in resolution discussions within 14 days of receiving that notice.
114. If the dispute cannot be resolved through direct communication within 28 days of the initial written notice, either party may refer the matter to a mutually agreed mediator. The costs of mediation will be shared equally between the parties unless otherwise agreed.
115. If mediation is unsuccessful or is refused by either party, either party may pursue the matter through the courts of Queensland, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of Queensland.
GENERAL
116. For the purposes of this contract, any requirement to communicate or request "in writing" means via email sent to mel@imessa.com.au (for communications to Imessa) or to the engager's email address as recorded in the Services Agreement (for communications to the engager). Notice is deemed received at the time the email is sent, provided no delivery failure notification is received by the sender.
117. The engager warrants that they have full legal authority to enter into this contract, and that this contract is binding on them personally and, where applicable, on any company, organisation, or other entity they represent. Imessa relies on this warranty in entering into the contract.
118. Imessa reserves the right to update these terms and conditions as appropriate. Any updates will not apply retrospectively to bookings already confirmed under a previously signed contract. The most current version will be published at imessa.com.au/terms-and-conditions.
119. A copy of these terms and conditions can be requested by emailing mel@imessa.com.au.
120. These terms and conditions are governed by the laws of Queensland, Australia.
121. If any provision of these terms and conditions is found to be invalid, unenforceable, or illegal, that provision will be severed and the remaining provisions will continue in full force and effect.
C & MJ Constantinou Pty Ltd | ABN: 77 677 570 884 | Trading as Imessa | mel@imessa.com.au | imessa.com.au