Introduction
Welcome to SosoCo Global Fashion Designer Retail, wholesale selling and manufacturing service platform expression of interest page. We’re excited to have you here but before you start using SosoCo Global, we do need you to look through and accept these terms. We’ve done our best to explain it all without using too much jargon, so it’s clear what we expect from you and what you can expect from us. It's important to read these terms before you start any service with us, whether that be selling your designs or using our manufacturing services for your garments. These are your legal rights and obligations, so please do read everything right down to the end of this page. Once you have finished fill in your details at the bottom to approve your interest. If you can’t agree to our terms, then you can’t use our services. If you still have questions or comments after you’ve read these terms, please email the sales team on sales@sosocoglobal.com.au or go to the SosoCo Global contact details in the Designer Lounge to get in touch. We’d love to help.
Please enter your expression of interest by submitting your details below.
Once you have completed your details we will call you during business hours to discuss your immediate requirements.
Please be patient with us as wait periods may apply.
VIEW A COPY OF OUR SMART USER GUIDE HERE
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IMPORTANT: Please read the terms and conditions for participating designers. If you proceed with the application form then you are acknowledging that you accept the terms and conditions as specified in the specific SosoCoGlobal.com online terms and conditions under expression of interest - Designer Application Form.
IN GENERAL
The parties agree to the following:
- a. 'Brand' as defined in these terms as being a label which may be offered for sale via many designers as a collective.
- b. The 'Business' as defined in these terms and conditions of this contract is a s being SosoCoGlobal.com trading as SosoCo-Global (Aust) Pty Ltd, Australian Company Number (ABN) 28 631 059 562 as described in the body of this document, together with any other business, being Proprietary, Corporation, Proprietary Limited, Partnership as defined under the Australian Corporations Act 2011 and or Sole Trader as defined under the Victorian Registration Bill 2011 in the state of Victoria in Australia, which may at any time in the future conduct business via this website. Also included in this definition is any international university student, sole trader or corporate structured registered business operating in the country of origin of the Designer, label or brand.
- c. 'Business day' as defined in these terms as being any day within the working business week of Monday to Friday.
- d. 'Consignment goods' as defined in these terms and conditions as being a trading arrangement in which a seller (being you under this arrangement) sends goods to a buyer (customer) or re seller (SosoCoGlobal.com) who receives payment only as and when the goods are sold. The seller remains the owner (title holder) of the goods until they are paid for in full and, after a certain period, determines what stock to deem obsolete under this arrangement and accepts full responsibility in the event of a returned product.
- e. The 'customer' as defined in these terms and conditions of this contract is as being whom an 'active member' supplies goods or services on behalf of SosoCoGlobal.com.
- f. 'Designers' as defined in these terms as being an individual who designs garments.
- g. 'GST' as defined under Australian Government Taxation Law as being 10% of the cost of goods and services sold. As given in a New Tax System (Goods and Services Tax) Act 1999 (Cth)*Note goods sold outside of Australia do not incur a Goods and Services Tax (GST) nor do International members have a goods and services tax applied to their membership costs.
- h. 'Labels' as defined in these terms as being individual label names operating within a 'sole trader' or 'Proprietary' and or 'Proprietary Limited business collective arrangement.
- i. 'Linked Sites' as defined in these terms and conditions as being a trading Proprietary or Proprietary Limited business (or other International Corporate Structure) using links to join SosoCoGlobal.com in selling its products to the public via an advertising licensed arrangement.
- j. The 'Member' as defined in these terms and conditions of this contract is as being a fully paid up participant of this website whether that be an 'active licensed member' (selling) and or (link access) or an 'inactive unlicensed member' (awaiting active status).
- k. 'Merchandise' & or 'Goods' or 'Products' collectively defined in these terms and conditions of this contract is as being the garments offered for sale by 'active members'.
- l. 'Retail Credits' as defined in these terms and conditions refer to student retail take up of USP-01 category only and do not apply to general industry take up. For full details refer to section under retail credit availability.
- m. 'Sale' as defined in these terms and conditions of this contract as being a trade of merchandise between SosoCoGlobal.com and a customer. The sale is passed to the member once the merchandise has been fully paid for and the return limit has been exhausted as defined in the returns policy of this document under 'Returns Policy'.
- n. The 'Services' as defined in these terms and conditions of this contract is as being the services available to 'Active Members' via this website or the link-able sites available for 'public' view. (collectively, the 'services').
- o. 'Stock' as defined in these terms and conditions means, the merchandise sold to the customer by way of a licensed advertised arrangement. The ownership right of the merchandise remains with the 'active member' until the merchandise has been sold.
- p.The 'Photographer' as defined in these terms and conditions as being an approved contractor that takes the photograph's for SosoCoGlobal.com website and approves the photographs on behalf of SosoCoGlobal.com website.
SPECIFIC TERMS OF TRADE / SERVICE
Linking & General Usage of this website
- a. Access to and use of SosoCoGlobal.com and the products and services available through this Website (collectively, the 'Services') are subject to the following terms, conditions and notices (the 'Terms to Service'). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us periodically. It is advisable that you check this page regularly to take notice of any changes we may have made to the 'Terms of Service'.
- b. Access to SosoCoGlobal.com is permitted on a temporary basis, and we reserve the right to withdraw or amend the 'Services' without notice. We will not be liable if for any reason this Web site is unavailable at any time or for any period. Periodically we may restrict access to some parts or all, of this Website.
- c. SosoCoGlobal.com is available to access at such times and in such a manner as we nominate. SosoCoGlobal.com will be entitled to vary these access hours from time to time. We will not be responsible for providing access outside of these hours.
- d. All 'members' acknowledge that SosoCoGlobal.com online may malfunction or become temporarily unavailable due to a computer malfunction or network congestion. We will have in place reasonable procedures to avoid unintended interruption of SosoCoGlobal.com. We will have the right to suspend the service at any time to perform certain administration talks and scheduled maintenance and, if in our opinion, a serious threat is posed to any part of the system supporting SosoCoGlobal.com online.
- e. Approved 'members' may link to our home page, (and or approved link-able areas) provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- f. You must not establish a link from any website that is not owned by you.
- g. SosoCoGlobal.com must not be framed on any other site, nor may you create a link to any part of the website other than approved link-able areas. We reserve the right to withdraw linking permission at any time without notice.
- h. This Website also contains links to other websites, which are not operated by SosoCoGlobal.com (the 'Linked Sites'). SosoCoGlobal.com has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
- i. The participating member agrees that the terms of trade is based on a consignment arrangement for all suppliers in both online trading under SosoCoGlobal.com or within the bricks and mortar stores trading as SosoCo.
- i. SosoCoGlobal.com does not operate an automatic payment system; each payment is due before the last day of the preceding month. If payment is not made before the due date then the member will be blocked from using the website until payment is made. Members will be given 14 days to reactivate their account before their 'active membership' is cancelled and placed into a 'non active member' status.
- j. It is not mandatory for designers to use the manufacturing portal to list garments online or allocate stock to the bricks and mortar stores. It is mandatory to use the online store for all retail allocations.
- K. All stock removal must be in writing. A minimum of 60days notice must be given before stock is granted removal. All requests must be in writing by email or fax and 60 days notice must be exhausted before stock or advertising is officially removed from the website, after which a formal acceptance in writing has been sent to the client by return email. A demand is made in writing by way of fax or email for removal of social media advertising or front of site and back of site advertising from the official date of first notice and acceptance in return correspondence has been issued by SosoCoGlobal Aust Pty Ltd.
Member Advertising Licence Fees
- Disclaimer - fee listed as advertising fees do not include general listing fees in the price of your design listed on the SosoCoGlobal.com website. Talk to your consultant for further information regarding listing fees which must be included at the time of displaying your design on the SosoCoGlobal.com website. Listing fees maybe subject to change with a 30day cooling off period once notification of change is given.
IMPORTANT UPDATE - As of 1st Jan 2024
*Advertising licence fees will now revert to a 20% percentage of total sales gained per month for all business entiites under (Category 4) and will start once a companies individual sales initiate and will only be charged on receipt of a sales month. No negative sales months will be calculated in this arrangement. - once a business remains on this schedule for 2 consecutive months this arrangement is considered permanent ongoing - check your status below under 'Fees Payable by the following category'
Individual designers that wish to remain on a month to month advertising fee $180.00 AUD can do so without reverting to the sales advertising % fee.
This does not exempt parties from declaring their individual or company size in the disclosure expression of interest.
- The participating 'member' agrees to pay to SosoCoGlobal.com a monthly, quarterly, six monthly or if applicable yearly advertising licence fee of the website being: for each consecutive label submitted for processing to cover administration, IT maintenance and ongoing media advertising fees and charges, a mandatory charge for all designers who participate when applicable. SosoCo-Global (Aust) Pty Ltd has the right to increase these charges when deemed necessary without notice.
Paying your monthly membership fees upfront or by instalments.
- SosoCoGlobal.com does not operate under a direct debit system. All invoices are generated under the SosoCoGlobal.com allocated item number. Each member must pay either by monthly / quarterly / half yearly (6 monthly)/ *Not available for packaged university students. or annual membership fees payable 7 days prior to the last day of the month. instalments reconciled monthly is available also of reconciled fees which ever takes precedent or is the preferred option by the supplier. Fees can run late but only after an agreement is made with SosoCo management. Please contact accounts@SosoCoGlobal.com.au if you come into financial hardship and would like special consideration. Exceptional circumstances will be considered.
Fees Payable by the following category
- USP-01 - Packaged University Students including the Generation So Publication - no advertising fee applicable (all other standard listing fees applicable as per the costing guidelines)
- IUS-02 - Independent University students only - no advertising fee applicable (all other standard listing fees applicable as per the costing guidelines)
- IST -03 - Sole trader / small design studio (with or without bricks and mortar stores) - standard monthly advertising members fee either 3% of monthly sales fixed after first 2 months or $180.00AUD / month on going. (all other standard listing fees applicable as per the costing guidelines)
- TPL -04 - Corporate Business - eg- PTY LTD (without bricks and mortar stores) - standard monthly advertising members fee either 3% of monthly sales fixed after first 2 months or $180.00AUD / month on going. (all other standard listing fees applicable as per the costing guidelines)
- ICO -05 -Corporation - Defined as 'Large corporation of Global standing' with the following categories as outlined below:
- Category 1 - Corporate Structure / with less than 10 bricks & mortar stores globally. standard monthly advertising member fee of $300.00 / month on going or 3% of monthly sales fixed after 2 months (all other standard listing fees applicable as per the costing guidelines) + additional cost of $500 / fixed bricks and mortar store.
- Category 2 - Corporate Structure / with less than 30 bricks & mortar stores globally. standard monthly advertising member fee of $1000.00 / month on going or 15% of monthly sales fixed after 2 months (all other standard listing fees applicable as per the costing guidelines) + additional cost of $500 / fixed bricks and mortar store.
- Category 3 - Corporate Structure / Super brand - more than 30 mortar stores globally. - standard monthly advertising member fee of $2000.00 / month on going or 20% of monthly sales fixed after 2 months (all other standard listing fees applicable as per the costing guidelines) + additional cost of $500 / fixed bricks and mortar store.
- Category 4 - Corporate Structure / Collective brands (up to 20 labels) - standard monthly advertising member fee of (includes 20% discount on monthly advertising fee based on a single total cost x 20 designers.) + additional cost of $500.00 / fixed bricks and mortar store if applicable. (all other standard listing fees applicable as per the costing guidelines)
- Category 5 - Corporate Structure / Department Store Category (unlimited labels) - price on application + standard monty membership fees inlcuding additional charges / fixed bricks and mortar stores (all other standard listing fees applicable as per the costing guidelines).
- TFL-06 - Tertiary Fashion Lecturers United - price on application
- Independent Fabric Artists Guild * Seperate membership Fee - applicable only when designs are sold
- These fees are not applicable in the SosoCo bricks and mortar stores. No advertising fees are billed to participants in stores.
- Note: Designers that do not participate in the online store will not be allowed automatic entry into bricks and mortar stores.
Bank Fees / Charges * NOTE: Not applicable for university students, tertiary fashion lecturers & independent fabric artists guild
- a. All 'members' are encouraged to gain best price banking and a business trading account while engaging in business with SosoCoGlobal.com. Although this is not a specific requirement to gain a 'member' position it may greatly reduce your transaction fees. Note this is not a requirement of engaging with SosoCoGlobal. International members are advised to 'shop around' for best banking and account services outside of Australia.
- b. International suppliers will be paid via TransferWise on reconciliation of their account directly into their local bank.
- c. All money transfers for sales bank fees including GST will be charged to the 'members' account, there will be no deviation to this term.
- d. From time to time these fees may change and you will be notified via this page of such changes once we get notification updated from Westpac Australia Banking Corporation.
- e. A 50% charge of fees including any GST from 3rd Party gateways received from receipts (sales) will be debited from all 'non-student members' trading accounts which will be itemised on the monthly trading account.
- f. A 20% charge of fees including any GST from 3rd Party gateways received from receipts (sales) will be debited from all 'student members' trading accounts which will be itemised on the monthly trading account.
GUIDE ONLY - Current Fees and Charges are as follows: (As current from 5th September 2005)
Local transfer Westpac to Westpac | $1.50 per monthly transfer |
Local transfer Westpac to other bank | $3.50 per monthly transfer (overnight) |
Local transfer Westpac to other bank | $9.00 per monthly transfer (same day) |
Local transfer Westpac to other bank | $12.00 per monthly transfer (immediate) |
International Westpac to other bank | $20.00 per monthly transfer |
International Payment from an Alliance Bank | $3.00 per transaction |
*All transactions command a tax component of | $3.50 per transaction |
Active Member Positions and Non Active Member Applications
- a. All allocated 'active memberships" require either the full annual licence fee upfront or a 1st monthly deposit, which ever takes precedence on ID creation to navigate around the designer portal. Balance of licence fee can then be paid on a monthly basis. Note: photography will not be loaded onto the website if balance of initial deposit is not paid in full.
- b. All Independent University Students and Sole trader 'members' that participate outside of the University packaged arrangement can not hold an 'active position' without advertising a minimum of five (5) garments. All other 'members' must advertise a minimum of (8) garments at any one time. Failure to do so will make the position void. An 'active' member,' who fails to meet the criteria, will be placed back onto the waiting list in top position and will have to wait until a new position becomes available.
- c. A member must notify SosoCoGlobal.com immediately if they fail to meet the above, failure to do so may render their position void in returning to top position on the waiting list and instead by listed at the bottom of their category list.
- d. All 'members' will be allocated a user ID to navigate around the Designer Lounge.
- e. Any member who chooses to upgrade their business status and does not update that status with SosoCoGlobal.com will be penalised all outstanding fees and charges including a surcharge of $20.00 administration fee.
- f. All 'member' places allocated on the SosoCoGlobal.com website are specific to a first in first served basis. Once all positions are exhausted no more positions will be made available.
- g. If a 'member' chooses to leave their allocated position, then the position will be filled by the next available 'member' on the waiting list.
- h. Any 'member' that has traded (in a seller capacity) with SosoCoGlobal.com on a continual basis of no less than two (2) consecutive years will be given the right to return to the waiting list in top position or sequentially (which ever takes precedent), providing all applicable outstanding fees are paid prior to the offer being made, "Members' who fail to meet this criterion will be offered a position at the end of the waiting list.
- i. A 'member' will be given three (3) business days to 'accept' an 'active available position'. Failure to meet this offer will be make the offered position void. The 'available' position will then be offered to the next in line 'non active member' waiting on the waiting list. A 'non active member' who chooses not to take up their offered position will have the opportunity to go back onto the waiting list in either top position or sequentially (which ever takes precedent) within their chosen waiting list category.
- j. Any 'member' who chooses to decline the waiting list offer can do so at any time, the 'position' will then be offered to the next in line waiting member.
- k. A 'member' who forfeits their right to take up the available position will be placed in the 'same' position as they were prior to the position been filled or sequentially (which ever takes precedent). Provided they agree to go back onto the waiting list and pay the fees applicable.
- l. Note: each 'member' category has a different waiting period. A member who changes their business status will be removed off the website and placed in the correct waiting list and or allocated a position if available.'
- m. Waiting lists for 'in active members' will not be made available for public view at any time.
Displayed Works - Textile Design
The 'Member' agrees to the following 'Standard Terms and Conditions' relating to the publication of textile design works displayed for sale on the SosoCoGlobal.com website for active members to potentially purchase under an agreed 1st image fee and and license fee per meter sold.
- All textile design work is offered for sale by independent textile designers globally.
- All designs are offered for sale as a first come first served basis and are sold exclusively to the designer under license.
- All designs advertised have not been displayed on any other website or offered for sale in any other format.
- It is at the textile designers discretion to agree to sell their individual design to a member once all negotiation is in place and can at any time forfeit the sale of the design if the member does not agree to the terms of the license in its entirety
- All textile designs are owned by the textile designer.
- All active members using the fashion design & manufacturing portal understand that textile design is displayed for their use and reproduction only and no works can be copied or reproduced unless an agreed license is in place.
- Any member who has been found to have breached these terms will face legal action by SosoCoGlobal Aust Pty Ltd on behalf of the represented textile designer for a sum that equals the full amount in which a license would have been signed under the normal coarse of signing an agreement with SosoCoGlobal.com.
- All textile design will be produced via the SosoCoGlobal.com approved Textile Printer. For all Asian members - Think Positive Australia will represent the Southern Hemisphere and 'Think Positive - UK will represent the Northern hemisphere.
- All fabrics will be supplied by Think Positive unless an alternative arrangement has been agreed upon by both Designer, SosoCoGlobal and Think Positive.
- All fabric deliveries will be quoted at the time of manufacturing and are subject to change. SosoCoglobal.com takes no responsibility for late delivery of manufacturing and all deliveries need to be negotiated prior to printing taking place.
- The active member agrees to sign a full license agreement and acknowledges that this agreement can be negotiated at anytime during the life cycle of the textile design.
Displayed Works - Photography
The 'Member' agrees to the following 'Standard Terms and Conditions' relating to the publication of designer works displayed on the SosoCoGlobal.com website and are incorporated in and make a part of the Agreement between the parties hereto.
- All photography on the website must be presented as 'ghost mannequin' technical shots
- Any model photography can be used as secondary marketing on the front lead at the discretion of the photography team.
Photography Engagement and Service
- a. The Agreement is between the Photographer contracted for and on behalf of SosoCoGlobal.com trading as SosoCo-Global (Aust) Pty Ltd and the 'Member' (Client). The 'Member' (Client) wishes to engage the Photographer and the Photographer accepts the engagement to hereby:
- Provide the services to the 'member' (client)
- Produce the photographs, and
- Upon full payment of the Fee and the Expenses, the Photographer will grant the Licence on the terms set out in this Agreement.
- All photo shoots must be prepaid and pre booked via the SosoCoGlobal.com website or via email correspondence to info@SosoCoGlobal.com.au.
- a. All garments published are prepared by an approved assigned photographer contracted for and on behalf of SosoCo-Global (Aust) Pty Ltd and the participating 'Member'.
Photography Cost Payment and Fees
Photography Fees and Schedules
- a. All photo shoots must be prepaid and pre booked via the SosoCoGlobal.com
- b. The 'Member' accepts that the cost of photography including GST (applicable only to Australian Applicants) at the time of advertising and understands that SosoCoGlobal (Aust) Pty Ltd has the right to increase and decrease these charges when deemed necessary without notice.
- c. The 'Member' accepts that photo images will be automatically removed from the website when supply of the stock is exhausted.
- d. The 'Member' accepts that images can be reloaded at any time as long as the 'In House Licence' has been pre purchased.
- e. The 'Member' accepts that only approved images can be used on the SosoCoGlobal.com website.
- f. SosoCo-Global (Aust) Pty Ltd in conjunction with Natasha Ward Photography highly recommend that all members pre purchase the 'In House Licence" and take no responsibility for members individual files if the 'In House Licence' has not been purchased at the time of initial photography.
- g. 'The Member' accepts that if an 'In House Licence' has not been pre purchased, and wishes to up load an image already removed from the website, a new photo must be taken and paid for as a separate photography service order.
- h. All stamp duties and governmental charges, if any, arising out of or incidental to this Agreement are the responsibility of and must be paid by the 'Member' (Client).
- i. Photography minimums for all 'members' who participate are as follows:-
- Minimum five (5) photographs for students /lecturers and sole traders requiring individual photography studio time- *NOTE not applicable for University students on a package -
- Note clause (I) refers to on demand photography and any quantities that are required outside of the minimums can now be booked with expected wait times which may reach up to 30days depending on photography demand at the time of booking.
- Minimum eight (8) photographs for all other business categories requiring individual photography studio time
- All photography outside of these minimums will be batched at the soonest time available to the next available photographer - as above any quantities that are required outside of the minimums can now be booked with expected wait times which may reach up to 30days depending on photography demand at the time of booking.
Photography Rights Granted & Intellectual Property
- a. In consideration of the full payment of the fees and expenses by the 'Member' (client), the Photographer grants the "Member' (Client) the License to use the agreed Photographs for the Use(s) during the Term throughout the Territory. The License granted is not effective until both Parties have signed this Agreement and the 'Member' (Client) have paid the Fees and Expenses in full.
- b. The photographer asserts all moral rights attached to the Photographs.
- c. Notwithstanding the License granted under this Agreement, the Photographer reserves the right to use the Photographs during the Term in the Territory for the purpose of promoting and marketing the Photographer on behalf of SosoCoGlobal.com, including but not limited to displaying the Photographs in the Photographer's portfolio, on the Photographer's own website and in galleries or in photography competitions. The Photographer expressly reserves all other rights subsisting in the Photographs not specifically granted in this Agreement.
- d. The photographer is the owner of the intellectual property created by the Photographer in the course of Services, including but not limited to the Photographs (as an original), digital or electronic material, transparencies, negatives and prints relating to the Photographs.
- e. the Photographer retains all rights and ownership in the Photographs and any negatives (or digital equivalent) is assigned or licensed to the 'Member' (Client) by this Agreement, unless 'a multi user license' or unlimited license has been established (payment in full) and bound by the licence fees as stipulated above.
- f. Unless otherwise agreed in writing, the Photographer is not responsible for storing or archiving the photographs.
Photographers Interpretation
The parties agree and acknowledge that the details of the Services, Photographs and/or works the subject of this Agreement have been discussed by the Parties and are described in the terms and conditions. It is further acknowledged that in the event that the 'Members' or the 'Members' representative is not present on the Photography Date (s) at the Location, then the Photographer's interpretation of the Services shall prevail.
- a. The Member agrees to submit a brief for any garments that require special styling prior to the shoot, and also provide a detailed list of garments and any special requests relating to them using the style guide available via this website to download.
- b. The Member must provide a 'company representative' or be available on the day of photo shooting for styling garments. Failure to provide a representative may result in cancellation of the shoot and the 'Member' will be liable as per the cancellation agreement.
- c.International 'Members' acknowledge where applicable that garment images may only be supplied if the SosoCoGlobal.com style guide supplied by the 'Photographer' is followed and adhered to in its true form. The standard charge for photography quality control is $10.00AUD per image, minimum (8) images at any one time. *Note minimums not applicable to university / college students on package deals.
- d. International 'Members' acknowledge the right of the 'Photographer' to refuse poorly edited images, return images and not advertise images until the image has been rectified to the specified standard stipulated in the supplied style guide.
- e. International 'Members' acknowledge that if an image has to be rectified due to refusal of a poorly edited image, a rechecking fee of $10.00AUD is also applied. There will be no deviations to this term.
Photography Rights
- a. The 'Member' approves 'the image' prior to being released onto the website.
- b. The 'Photographer' agrees to provide the 'Member', with clear images on a white background in JPEG format 'save to web'.
- c. The 'Photographer' agrees to rectify unclear images within 10 business days.
- d. The 'Photographer' will provide image files for approval by the 'Member' within 10 business days. After final approval the images will be placed onto the website by the photographer on behalf of the client and SosoCoglobal.com on behalf of SosoCo-Global (Aust) Pty Ltd.
- e. The 'Member' has the right to refuse substandard images, and request additional work to be completed if the images supplies are different to the brief as submitted.
- f. The photograph will not be activated live on the website prior to final approval having been received in writing by the 'Member'.
- g. SosoCo-Global (Aust) Pty Ltd acknowledges that the 'Member' is granted a license of the completed file and further acknowledges their rights to use the file on 'other websites' for further promotion and or sales without the approval of SosoCoglobal.com, if a 'multi user' or 'unlimited user' license has been agreed.
Photography Warranty and indemnity
The Member warrants to the Photographer that:
- It has the capacity and authority to enter into this Agreement
- It has obtained the necessary clearances in relation to the subject matter to be photographed; and
- It will only use the Photographs in accordance with the License granted under this Agreement.
- The Member agrees to indemnify the Photographer against any actual and direct loss, claim, injury or damage (including any reasonable legal costs or expenses properly incurred) by the Photographer as a direct result of breach by the 'Member' of the above warranties.
Photography Cancellation by Member Policy:
Definition - business day (Monday - Friday)
- a. A three day cooling off period is allowed unless a photo shoot is booked to take place within that time. Note this cooling off period only relates to photography only.
- b. A 10% cancellation fee of total cost of photography will be applied for all 'members' after the cooling off period but two (2) days before the photo shoot.For example; (if a photo shoot is on a Monday, cancellation must be received no later than Wednesday 5pm before the scheduled shoot).
- c. A 50% cancellation fee applies for any cancellation made within 48hrs of the scheduled shoot. The designated photographer has been notified in writing no later than midday on the 'business day' prior to the scheduled shoot.
- d. A no refund policy applies for any cancellations after midday on the business day before the shoot.
- e. All cancellations made prior to an on the day of the photography must be in writing, via email.
- f.All cancellations that are not clearly communicated via phone and email on the day of service will incur a surcharge of 25% plus the full price of photography
- g. Any adjustments to numbers of garments to be photographed after booking must be done in writing (3) business days prior to the shoot.
- h. As all payments are made in advance any additional garments must be paid for before the shoot (3) business days prior.
- i. Any reduction in the number of garments processed with (3) business days will result in a $20.00 fee per garment.
- j. Any reduction in the number of garments on the day of the shoot means the designer will not be eligible for any discount or refund.
- k. Photography licensing fees are not refundable after delivery of images.
Photography Termination
This agreement may be terminated if:
- The 'Member' (Client) fails to pay any part of the Fee or Expenses;
- The 'Member' (Client) is declared bankrupt, enters into administration or into liquidation; - or-
- The 'Member' (Client) is in breach of this Agreement and has failed to rectify that breach within 30 days after receiving notice from the Photographer of such breach.
Photography - immediately upon termination:
- a. All rights in the Photograph/s and / or work (s) revert to the Photographer;
- b. The 'Member' (Client) must return all physical property (including but not limited to the Photographs and any equipment): and
- c. All fees and expenses owed to the Photographer under this Agreement must be paid in full.
Photography - Miscellaneous
- a. The 'Member' understands that any 'additional' advertising of garments is the exclusive right of the 'Photographer' to decide when and where to advertise garments.'
- b. The "Member' understands that the garments used are for 'additional' advertising of the SosoCoGlobal.com website and are not expected to be available for sale at the time of advertising. 'Members' maybe contacted from time to time for our quarterly style shoot. If a 'Member' is contacted for a specific promotional advertising shoot, the 'Member' agrees to supply SosoCo Global (Aust) Pty Ltd with a garment on an agreed date for no more than 24 hrs for the sole purpose of shooting for advertising purposes only. The 'Member' understands that the garment must be supplied on a no 'fee' basis.
Postage & Returns Policy
- a. All processing of garments onto the SosoCoGlobal.com website is exclusive to membership terms and conditions, - ie. - member agrees to accept 50% of the sale price excluding GST and all applicable postage charges to and from the customer. (NOTE WE ADD POSTAGE COSTS AND THEY ARE FORWARDED ONTO THE SELLER ON PAYMENT OF GOODS SOLD)
- b. 'Members' are notified of a sale once an invoice is generated and lodged in the designer portal section under designer sales.
- All garments must be dispatched from the 'Member' premises, once invoice has been generated from the SosoCo-Global.com website, on behalf of SosoCo-Global (Aust) Pty Ltd
- All garment deliveries must accompany a copy of the SosoCo-Global (Aust) Pty Ltd customer receipt and a designer return note. Both receipt and return note are generated from the SosoCoGlobal.com website and are available to print once a customer has paid for the item in full.
- c. All members must adhere to the following regulations in relation to sending goods via the SosoCoGlobal.com website.
- d. All goods sold on the SosoCoGlobal.com website must be delivered via Australia Post (Domestic) DHL and UPS (International & or Global deliveries). There will be no deviation to this agreement unless advised in writing via this website.
- e. All 'Members' agree that no hazardous or illegal substances, accompany the goods of a SosoCoGlobal.com sale during transport from their premises to a SosoCoGlobal.com customer.
- f. SosoCoGlobal.com and SosoCo-Global (Aust) Pty Ltd does not take any legal liability for any 'Member' engaged in illegal activity and indemnifies itself from any activity here on.
- g. The 'Member' agrees to pay all postage and courier charges which will be charged to the individual supplier and itemised on the Designer Statement.
- h. The 'Member' agrees to pay all import and export duties included in the cost of delivery as specified and itemised by UPS Couriers or DHL Couriers and any other governmental charges applicable.
- i. All garments must be in stock at the time of advertising - a penalty of $50.00 AUD+GST administration fee will be applicable to a 'Member' if the 'Member' is unable to deliver within a reasonable time acceptable to the purchaser unless stipulated otherwise and or fails to notify SosoCoGlobal.com on behalf of SosoCo - Global (Aust) Pty Ltd before a sale is generated.
- j. All suppliers that engage in SosoCoGlobal.com on a 'Member' basis are entitled to use the compulsory garment pick up service, only companies that have acquired a link access only arrangement must organise transport via their own carriers.
- k. A SosoCoGlobal.com participating 'member' agrees to the following returns policy set out under the 'Returns Policy' or SosoCoGlobal.com being that -
- All garment deliveries, must accompany a Returns Note, printable from the SosoCoGlobal.com website, under the section marked Designer Lounge.
- The customer can return the goods within 28 days of purchase.
- The customer must report, a return at the front of this website.
- The participating member must report a return at the front of this website
- Failure by a SosoCoGlobal.com 'participating member' for not complying to meet this term in whole and reporting a return within two (2) business days of receiving a returned garment will incur a penalty of $50.00 AUD +GST per garment.
- The 'Member' agrees to the following 'customer returns' policy stipulated on the 'Returns Note'
- The customer must agree to the following terms and conditions:
- The garment must be re-saleable and must not have been worn or washed.
- The garment must be returned with all tags and packaging.
- The garment must be returned in the same box that it was received in.
- the 'customer' agrees to pay all postage charges and return postage charges if and when applicable.
- *Applicable postage charges worn by customers are if the customer simply changes their mind / or claims that the garment is the wrong size and further requests full refund of original purchase without requesting an exchange of size*
- n. All returns are solely the responsibility and exclusively the responsibility of the participating member. A returns policy is clearly stipulated on the SosoCoGlobal.com invoice and printable form the SosoCoGlobal.com website.
- o. SosoCo Global (Aust) Pty Ltd takes no responsibility if a member fails to familiarise themselves with the stipulated policy.
- p. Any errors to delivery addresses for returns will also accompany a penalty of $50.00 + GST administration fee which will be forfeited from the sale of the item and refunded by the member to the purchaser by way of added charges to up front administration fees applicable to the future sales of all member stock.
Retail Credits as defined for student USP-01 Category use only
- Retail credits only apply to student take up of the bundled university packaged offer. USP-01, students have the opportunity to bank any unused months of retail space on our operating platform from the time prior to listing their designs on the SosoCoGlobal.com website in any given take up year. Credits are available to be banked once a student leaves university or college. The only restriction to this term is that a student must finish all studies required to complete their qualification to activate their unused credits once leaving tertiary studies. Student completion certificate is required as proof of completion of studies to apply for retail credit
- This term does not apply to students that take up the individual student offer IUS-02 as it is expected that those students will have designs available immediately from the time of taking out an active membership with SosoCoGlobal.com.
In General - Including Supplier Payments
- a. The 'Member' will ensure that all items are correctly and accurately labelled. The 'Member' will be liable for any damages incurred as a result or erroneous, inadequate or non-compliant labelling.
- b. All members must adhere to (ISO) 'international Standards of Organisation' applicable to your country of origin in relation to garment labelling laws. Any member who does not comply with these regulations and we are notified in directly will be automatically suspended from trading on the website until all standards have been fully complied with and any outstanding legal matters are exhausted.
- c. Only authorised students with explicit authorisation from participating tertiary organisations can get individual sampling made via the manufacturing portal.
- d**Note: Garments can be advertised as "made to order" if garments are made to the exact same image supplied by the member (NO GARMENTS CAN BE CHANGED IN DESIGN / COLOUR / OR FABRIC AFTER A PURCHASER HAS ORDERED AND FULLY PAID FOR THE ADVERTISED GARMENT. Any deviations to this will render the sale void and the member will be removed from the website, banned from any further trading with SosoCo-Global (Aust) Pty Ltd.
- e. All sale prices are exclusive to the member.
- f. All sale credits to the participating supplier are dispatched to the supplier at the end of the receiving month once delivery confirmation is confirmed via SosoCoGlobal.com Website and the return and refund expiry date has been exhausted. All payments to International Suppliers will be made via TransfereWire payment service - unless other formal arrangements are made on an individual basis with SosoCoGlobal.com and the supplier.
- g. No participating member will be issued with a sales credit unless the SosoCoGlobal website has been updated with all dispatch information and return confirmation received by SosoCo-Global (Aust) Pty Ltd in a timely manner.
- h. All 'Members' that may have contractual arrangements with department stores must liaise between 'members' to reach mutual agreement over design, price and when advertised on SosoCoGlobal.com website.
- i. SosoCoGlobal.com will not act as a third party agent to resolve contractual 'issues' between 'members' and takes no liability from disputes arising from contractual arrangements between 'members'. This includes 'duplicated styles' and differences in 'same style' product and price disputes arising from using and once goods have been offered for photography and approved for display on SosoCoGlobal.com.
- j.*Unless a 'Member' has put into place a prior arrangement plan, all future garment images will be restricted from the website and a supplier's current garment image will be considered void from the website if the monthly fee applicable is not received by the final day of the preceding month.
- k. All customer receipts will be generated by the SosoCoGlobal.com website and must be accompanied with garments being delivered to customers. (Once an order has been raised they will be emailed directly to you).
- l. The 'Member' approves of 'suppliers of service' to SosoCoglobal.com on behalf of SosoCo-Global (Aust) Pty Ltd to have access to your company details where applicable.
- m. SosoCoGlobal.com is available to access at such times and in such a manner as nominated. SosoCoGlobal.com will be entitled to vary these access hours from time to time. We will not be responsible for providing access outside of these hours.
- n. *SosoCo-Global Pty Ltd bears no liability for copyright disputes including current individual directors and associated parties which may arise from the SosoCoGlobal.com website.
- o. Members cannot act as a third party in relation to the 'design' of a garment advertised on the SosoCoGlobal.com website, unless a third party in relation, association by way of partnership and or share rights of brand/ label or to the design of a garment advertised falls under the following terms. The original designer had (past tense) a previous contractual association to the third party by way of partnership, share arrangement or (& currently not bound contractually, presently) has an association with the label / brand ongoing partnership share arrangement or contractual association. This clause stipulates contractual arrangement only in design and cannot be interpreted in any other variation of contractual arrangement.
- p. All garments must be exclusively designed in the country of origin of designer.
- q. All garments not sized in accordance with international size standards as stipulated within the body of the SosoCo Generation So publication, must have an independent size chart stipulated with the advertised garment. .(See loading your design for Independent sizing requirements). Any garments returned based on incorrect size will accompany a penalty of $50.00 administration fee, forfeited from concurrent sales and or added to administration charges.
- r. Designers or label title owners have the right to terminate this contract at any time and recommence this contract at any time as long as the termination notice is completed and returned no later than 14 days prior to the payment of applicable rental fees required on the final day of the proceeding month*.
- s. *Note: Once a designer / label terminates an agreement and would like to recommence this agreement a new 'Terms and Conditions' must be resigned and returned to SosoCoGlobal.com prior to the commencement of the start of the new trading period.
- t. No 'Member' can begin trading with SosoCoGlobal.com on behalf of SosoCo-Global (Aust) Pty Ltd until a copy of these terms and conditions have been received by our office an approved officer of SosoCo-Global.(Aust) Pty Ltd
- u. SosoCoGlobal.com holds no liability and you should not rely on the existence of a connection or affiliation other than trading 'member' partnership to all persons and businesses (including names and images), third party trademarks and images of third party products service or locations featured on this website.
- v. The 'member' agrees to indemnify, defend and hold harmless SosoCoGlobal.com trading as SosoCo-Global (Aust) Pty Ltd, its directors officers, employees, consultants, agents and affiliates, from any and all third party claims, liability, damages and / or costs (including, but not limited, to legal fees) arising from your use of this Website or your breach of the Terms of Service.
- w. As an 'active member' trading on SosoCoGlobal.com, transactions may be delayed, blocked or refused where we have reasonable grounds to believe that they breach Australian law or the law of any other country.
- x. SosoCoGlobal.com may from time to time require additional information from you to assist us in the above compliance process;
- y. Where legally obliged to do so, we may disclose the information gathered to regulatory and / or law enforcement agencies.
- z. An 'active member' must not initiate or conduct a transaction that may be in breach of Australian Law or the law of any other country while engaging in trade on SosoCoGlobal.com
Liability and indemnity
- a. Subject to those provisions of the Trade Practices Act in Australia and any other rights implied by law, which cannot be excluded at law or by agreement between the parties:
- We make no warranties, either express or implied, as to merchants ability, fitness for a particular purpose or otherwise (including as to accuracy, currency, availability, completeness or quality), with respect to the goods or services supplied under the agreement; and
- We exclude all liability in contract, tort (including negligence) or otherwise relating to or resulting from use of SosoCoGlobal.com online and for any Loss incurred by you directly or indirectly including without limitation as a result of or arising out of;
- (a) Any inaccuracy, error or delay in or omission from any information provided to you under the agreement.
- (b) Any delays, failures or inaccuracies in the transmission of any information to you, transmission of your instructions or any other communications.
- (c) Any Loss or liability arising from the acts or omissions or fraud of third parties or your agents and employees such as your computer systems, ISPs and other service providers including other parties involved in processing instructions or payments.
- b. Except where to do so would contravene any law or make any part of this clause void or unenforceable, in no event shall we be liable for any indirect special or consequential Loss (including without limitation loss of profits or revenues) whether arising in contract, tort (including negligence or otherwise resulting from use of SosoCoGlobal.com. Our liability shall in any event be limited to the re-supply of the service.
- c. You indemnify us and all of our employees, agents, related parties and associated for and against any loss:
- (a) Incurred as a result of your use of SosoCoGlobal.com, us relying upon and acting in accordance with any instruction provided by you or where your 'member ID' is used (whether by electronic communication or otherwise), your failure to settle any Transaction by the due date or because you did not observe any of your obligations under this Agreement; and
- (b) Suffered due to any claim demand or action of any kind be brought against SosoCoGlobal.com or incurred by SosoCoGlobal.com arising directly or indirectly because you acted negligently or fraudulently in connection with this Agreement.
Variation
- SosoCoGlobal.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and / or any pages of the SosoCoGlobal.com website.
Invalidity
- If any part of the 'Terms of Service' is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/ sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted in such a way that closely resembles the original meaning of the clause / sub clause as is permitted by law.
Waiver
- If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing law and jurisdiction
- These terms and conditions are to be construed in accordance with the laws of Australia and in the event of any dispute or claim shall be subject to the exclusive jurisdiction of the Australian courts.
Ethical Sourcing Policy
- a. As a reputable and trusted business committed to offering its customers high quality products SosoCoGlobal.com recognises its obligation to ensure that 'members' are operating ethically
- b. All 'Members' / suppliers are expected to comply with their national laws and regulations with particular regard to:
- -minimum age of employment
- -Freely chosen employment
- -health and safety
- -freedom of association and the right to collective bargaining
- -no discrimination
- -no harsh or inhumane treatment
- -working hours
- -rates of pay
- -terms of employment
- c. All 'members' must consistently provide an environment which protects their employee's health and safety and basic human rights.
- d. All 'members' must recognise the importance of being proactive and doing everything within their power to support the rights of those involved in the manufacture of garments / textiles / accessories.
- e. If SosoCoGlobal.com or SosoCo-Global (Aust) Pty Ltd is notified informally of infringement of this clause in its professional capacity, SosoCoGlobal.com on behalf of SosoCo-Global (Aust) Pty Ltd has the right to severe all trading relationships with the non - compliant business / company until the ethical standards of this website are proven to be met in full.
Termination
Member Agreement
- a. This agreement cannot be copied, transferred or assigned by either party without the written consent of the other.
- b. This agreement takes into consideration the operating computer programming working model of the website SosoCoGlobal.com. that participating, members are not permitted to copy or reproduce this website in part or whole, becoming a participating member does not exclude your liability to others whom you have agreed to from copying or reproducing this website. As a participating member you agree that you may be liable if found to have breached this clause.
- c. All modifications to this Agreement must be in writing and be signed by duly authorised representatives of both parties.
- d. This document contains the entire agreement between the parties with regard to the subject matter and supersedes any previous understandings, commitments, arrangements, representations or agreement between them whether written, oral, expressed or implied.
- e. This Agreement may be executed in counterparts. All counterparts together will be taken to constitute a single document.
- f. The above 'Terms and Conditions' / 'Service' constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between the 'Member' and SosoCoGlobal.com. Any waiver of any provision of the 'Terms of Conditions' / 'Service' will be effective only if in writing and signed by a Director of SosoCoGlobal.com, operating under SosoCo-Global (Aust) Pty Ltd
Manufacturing Agreement
- a. All members agree to signing a complete manufacturing charter of terms and conditions seperate to a member agreement before any engagement of manufacturing services takes place between the designer and SosoCoGlobal.com trading as SosoCoGlobal Aust Pty Ltd.
Proceed to fill out your
Name | |
Email Address: | |
Phone number: | |
YOUR COMPANY NAME and or STUDENT DETAILS | |
YOUR ORDER NUMBER IS ONE OF THE FOLLOWING BELOW | |
University packaged suite including the Generation So Publication | *USP - 01 |
*SEE YOUR FACULTY LEADER FOR EXACT CODE | |
Independent Student: | IUS - 02 |
Sole Trader: | IST - 03 |
Corporate Pty Ltd | TPL - 04 |
Corporation | ICO - 05 |
Tertiary Fashion Lecturers United | TFL - 06 |
Independent Fabric Artist Guild | IFA - 07 |
- *Order Number - (For example- IUS-02)
- *This number is your group within our system and should appear as the first number you create for your SKU product code;
- NOTE* if you are currently taking up a student package within your study organisation your Faculty Leader will pass on your specific code to use on our system. It is important that this is the correct code quoted, otherwise you maybe charged a surcharge when ordering or listing product with us.
- Your RMA number - Please reserve this space for your ABN (Within Australia) or your country company Identity Number (Outside Australia)
- If you have any further questions or comments please do not hesitate to contact us directly using the field marked questions or comments. We will connect with you shortly with answers to help you move forward in trading with us online.
USEFUL TEMPLATES *Download a copy and keep for your reference to use in your individual portal
Photograph Copyright Release Form Template
By submitting your form you are accepting the terms of this agreement in its entirety.