These are our terms and rules for purchasing a course from our website with our monthly instalment payment option. By agreeing to these terms we have a mutual agreement on how things work.
This Payment Agreement is entered into as of date of purchase; by and between the Owed Party (The AOM) having its principal place of business located at www.theaom.com.au and the Owing Party (the customer), both of whom agree to be bound by this Agreement.
This is a fixed-term agreement for payment. Typical cancellation terms apply; you are allowed to cancel the agreement by paying the remainder of the contract to us.
WHEREAS, the Owing Party (the customer) owes the Owed Party (The AOM) Full amount of course fee as indicated in the course description at the principal place of business (the “Deficiency”); and
WHEREAS, the Owing Party (the customer) and the Owed Party (The AOM) desire to enter into an agreement whereby the Owing Party (the customer) shall pay the Owed Party (The AOM) the sum of the Deficiency (full course fee) on a payment plan according to the terms and conditions herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises made by the parties hereto, the Owing Party and the Owed Party (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows:
The Owing Party (the customer) agrees and acknowledges that it owes the Owed Party (The AOM) an amount of money equal to the Deficiency as defined above (course fee paid in full). Nothing in this Payment Agreement is a waiver of any amounts owed and in the event of any breach of this Agreement by the Owing Party (the customer), the Owed Party’s (The AOM’s) rights to the Deficiency shall not be limited.
Owing Party Representation and Warranty
The Owing Party (the customer) hereby represents and warrants that this Agreement and the payment plan herein has been developed in a manner that that the Owing Party (the customer) reasonably believes it can pay the Owed Party (The AOM) without further interruption notwithstanding an additional change in circumstances.
The Parties hereby agree to the payment plan as described in the product description at www.theaom.com.au. The Owing Party (the customer) agrees to make the payments to the Owed Party (The AOM) associated with the dates as listed on the Payment Plan.
Method of Payment
Payments shall be made to the Owed Party in accordance with the Payment Plan via [online payment method or other payment method as mutually agreed].
Release and Indemnification
In consideration for agreeing to this Payment Agreement, the Owed Party (The AOM) hereby releases any claims against the Owing Party (the customer) related to the Deficiency as of the date of this Agreement. However, nothing in this Agreement is meant to release the Owing Party (the customer) from its obligation to pay the Deficiency according to the Payment Plan herein or limit the rights of the Owed Party (The AOM) in collecting said Deficiency.
Acceleration upon Breach
In the event that the Owing Party (the customer) fails to make any payments in accordance with the Payment Plan, upon reaching ten (10) days after the failure to make any such prescribed payment, the full amount of the Deficiency shall come immediately due and payable.
The Owed Party (The AOM) may assign this Agreement with written notice to the Owing Party (the customer). In the event of such assignment, the assignee may designate a new method of payment.
No Modification Unless in Writing
No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties.
In the event any provision of this Agreement is held to be invalid, illegal, or enforceable for any reason, then the Parties agree that such provision shall be deemed to be struck and the remainder of the Agreement shall be enforced as if the struck provision were never included in the Agreement.
This Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of Victoria and subject to the exclusive jurisdiction of the federal and state courts located in Victoria Australia.