Terms And Conditions
Successful contractors are required to enter into an agreement with Destination NSW. The contractor must be a registered business and hold an Australian Business Number, Australian Company Number or international equivalent. The agreement will include but is not limited to the items detailed in the tabs below. General terms and conditions apply to all contractors.
You acknowledge the importance of confidentiality in all aspects of our operations and you agree to keep all our confidential information in absolute confidence and not to disclose any such information to any person without our prior written consent, as per the obligations outlined in ‘Confidentiality’ below.
You acknowledge that lodgement and acceptance of your application under this Request for Quotation (RFQ) does not automatically mean, imply, or provide a representation whatsoever that the applicant is deemed successful. Successful applicants will be notified by Destination NSW and the services will be formalised by way of agreement.
You warrant that you have all appropriate skills, licences, insurances, accreditations and permits in order to apply for this RFQ and can provide evidence of the same if requested.
You agree that ownership of all intellectual property rights subsisting in any material, including but not limited to photographs, plans and footage provided by Destination NSW to you under this RFQ is owned by Destination NSW.
You acknowledge that information provided by you under your application is true and valid to the best of your knowledge.
You acknowledge that Destination NSW may assign any of its rights arising out of or under this RFQ to the New South Wales Government or any other New South Wales Government Agency without prior notification. You acknowledge that there may be amendments to the RFQ and/or terms and conditions. Should there be any amendments to the RFQ, or to these terms and conditions, an addendum will be published on www.vividsydney.com and will form part of the RFQ. Further, any queries from applicants following publishing of this RFQ will be answered by way of addendum which will be uploaded on www.vividsydney.com. It is your responsibility to be aware of any addendums posted on www.vivisydney.com. You acknowledge that Destination NSW has the right to remove, amend or delete all, or part of this RFQ.
You acknowledge that all costs in relation to preparing your submission will be borne by you. You acknowledge that Destination NSW is not responsible for any cause of error, delay, fault or other issue which you incur, which may prohibit all or part of your application from being submitted. This includes issues relating to use of electronic media or email, or issues relating to your application being submitted on time.
In consideration of Destination NSW allowing the applicant (hereby referred to as the "Confidant") to have access to or involvement with Confidential Information (defined as information provided under or as a result of this RFQ, information that is by its nature confidential, is designated by DNSW as confidential, information which is intended to be confidential or the Confidant knows or ought to know is confidential); the Confidant agrees to the following (subject to any specific exceptions notified to it in writing by Destination NSW):
- The Confidant will hold in the strictest confidence any Confidential Information disclosed to it or accessed, unless disclosure is directed at law such as the Government Information (Public Access) Act 2009.
- The Confidant will ensure that its workers (including but not limited to employees or contractors) keep the Confidential Information confidential and are responsible for ensuring that this is communicated to its workers.
- The Confidant will not remove, distribute or share any document, file, equipment or other materials from Destination NSW's premises or systems and it will not copy or otherwise record any information to which it may obtain access without the prior written consent of Destination NSW.
- The Confidant agrees to take adequate precautions to preserve the confidentiality of the Confidential Information and not directly or indirectly use, disclose, publish or communicate or permit the use, disclosure, publication or communication of the Confidential Information to any person without the written permission of Destination NSW.
- The Confidant acknowledges that Destination NSW is disclosing the Confidential Information in good faith. As such, the Confidant agrees that they will avoid causing harm to or bringing into disrepute or otherwise adversely affecting the image or reputation (including any disparaging comments) of the State of NSW, Destination NSW, the NSW Premier, Treasurer, Minister for Jobs, Investment, Tourism and Western Sydney and/or the NSW Government using Confidential Information gathered through discussions and/or negotiations with Destination NSW.
- The Confidant agrees not to disclose to any third party (including but not limited to any journalists and/or media organisation) any Confidential Information (including but not limited to the nature, amount and reasoning surrounding any event offers and/or negotiations that have or have not been made by Destination NSW), unless agreed to in writing by Destination NSW.
- The Confidant must immediately notify Destination NSW of any actual or suspected breach of this Agreement and must co-operate fully with DNSW in determining a course of action to limit any exposure and/or to mitigate the matter.
- The Confidant indemnifies Destination NSW and its employees, directors, officers, contractors and any other representatives against any costs, expenses, damage, harm and loss suffered or incurred by Destination NSW and/or such persons as a result of a breach of this Agreement or any disclosure or use of the Confidential Information other than in accordance with this Agreement by the Confidant or by any person to whom the Confidential Information is made available.
- The Confidant acknowledges that any breach of this Agreement will irreparably harm DNSW and that a remedy at law may be insufficient to protect the interests of Destination NSW. Accordingly, Destination NSW shall in addition to any other remedies it may have under this Agreement or otherwise, be entitled to preliminary and permanent injunctive and other equitable relief to prevent a breach or to curtail any breach or threatened breach of this Agreement.
- The obligations of Confidentiality are on-going until Destination NSW gives the Confidant written consent to disclose the Confidential Information, the information must be disclosed at law or the information is, at the relevant time, in the public domain other than as a result of a breach of this Agreement. Such consent may be subject to conditions, which must be strictly complied with.
- These obligations will survive the termination or expiry of the discussions and/or performance of the services by the Confidant.
- The Confidant undertakes to disclose any conflicts of interest, real or potential, to Destination NSW, as soon as the Confidant becomes aware of them.