SERVICE LEVEL AGREEMENT

THIS SERVICE LEVEL AGREEMENT IS MADE BY AND BETWEEN E-COM (AUS) PTY LTD, ACN 150 104 715, WITH OFFICES LOCATED AT LEVEL 1, 446 COLLINS STREET, MELBOURNE VIC 3000 (“MYDEAL.COM.AU”) AND [THE PERSON NAMED AS THE SELLER IN THE SELLER TERMS AND CONDITIONS (“SELLER”).

THE PARTIES HAVE ENTERED INTO AN AGREEMENT CONSTITUTED BY THE SELLER TERMS AND CONDITIONS (“ SELLER TERMS AND CONDITONS ”) IN WHICH MYDEAL.COM.AU REQUIRES ITS SELLERS TO DELIVER AN ACCEPTABLE, CONSISTENT LEVEL OF CUSTOMER SUPPORT TO USERS IN ACCORDANCE WITH THE STANDARDS SET OUT IN THIS SERVICE LEVEL AGREEMENT.

BY ENTERING INTO THE SELLER TERMS AND CONDITIONS, THE PARTIES AGREE TO BE BOUND BY THIS SERVICE LEVEL AGREEMENT (INCLUDING AS AMENDED FROM TIME TO TIME).

IT IS AGREED AS FOLLOWS:

  1. APPLICATION OF THIS SERVICE LEVEL AGREEMENT
  1. This Service Level Agreement operates as an addendum to the Seller Terms and Conditions and is intended to be incorporated into and read together with the Seller Terms and Conditions;
  2. This Service Level Agreement, when read together with the Seller Terms and Conditions forms the whole of the agreement between the parties;
  3. To the extent of any inconsistency between this Service Level Agreement and the provisions of the Seller Terms and Conditions, the provisions of the Seller Terms and Conditions will prevail;
  4. This Service Level Agreement remains valid until superseded by a revised agreement or until the Seller Terms and Conditions are terminated; and
  5. This Service Level Agreement comes into existence upon the parties entering into the Seller Terms and Conditions
  6. Terms defined in the Seller Terms and Conditions shall have the same meaning in this Service Level Agreement, unless otherwise defined in this Service Level Agreement.

 

  1. OVERVIEW
  1. This Service Level Agreement ensures the Seller is committed to providing an acceptable, consistent level of customer support during the sales and post-sales stages to address customer enquiries, feedback and concerns within a required timeframe.
  2. The Seller shall at all times during operation of the Seller Terms and Conditions meet or exceed the service level performance criteria as set out below.
  3. The Seller acknowledges that:

(i) any failure to meet an obligation or service level performance criteria may have a material adverse impact on the business and operations of MyDeal.com.au;

(ii) such failure shall entitle MyDeal.com.au to take any action that MyDeal.com.au sees fit in relation to a Product and/or Voucher and its related enquiries. This may include partial compensation or full refund; and

(iii) Any cost incurred by MyDeal.com.au will be set-off against the Seller account or recovered from the Seller. This includes, without limitation, issuing refunds of any order as well as refunding delivery charges.

 

  1. SELLER OBLIGATIONS
  1. The Seller is required to respond within a maximum of 48 hours to any customer enquiry in relation to a Product and/or Voucher, including enquiry raised by MyDeal.com.au.
  2. The Seller is required to meet or exceed the service level performance criteria and the Timeframe stated below, including in relation to the scenarios listed below.
  3. The Seller is liable to cover chargeback fees or deductions.
  4. The Seller is required to keep all deals updated, including but not limited to title, images, descriptions, pricing and stock levels, freight costs and delivery criteria via the MyDeal Marketplace portal, integrated API or feed.

 

  1. SERVICE LEVEL PERFORMANCE CRITERIA

 

Items

 

Actions to be taken

 

Timeframe

 

 

Respond to emails

 

The Seller must respond to all User and MyDeal emails via the MyDeal Marketplace Enquiry Inbox within the stipulated timeframe.

 

2 business days

 

Dispatch an order

The Seller must dispatch and provide delivery tracking details to the User within the stipulated timeframe.

The Seller must be able to provide proof of shipping if required. Examples of proof of shipping include:

 

        a copy of the shipping receipt or shipping label that includes the delivery address, recipient name and tracking number;

        for Australia Post eParcel customers, a copy of the consignment information page which shows the delivery address and the online tracking code that can be used to confirm delivery;

        a shipping code from a carrier that will allow viewing of the shipping status and delivery address; or

        A receipt issued by the carrier that is signed by the recipient acknowledging delivery.

 

The Seller must not provide an “Authority to Leave” without the User’s consent. If Products and/or Vouchers are left without permission and become damaged, lost or have missing parts, the Seller is liable for all loss arising from the damage, loss or missing parts.

Note: where a Seller dispatches more than one (1) order at the same time, the Seller must provide delivery tracking and proof of shipping with respect to all orders.

Time specified in the Seller Terms

 

Reject an order

When a Seller decides to reject an order (including because the relevant Product and/or Voucher is out of stock, or because the Product and/or Voucher is unable to be delivered to the User’s address), the Seller must within the stipulated timeframe:

 

        Notify the User that they are rejecting the order (including reasoning) and advising them they will receive a refund; and

        Issue a refund to the User via the MyDeal Marketplace portal.

 

2 business day

Reject User cancellation request / change of mind returns

The Seller may choose to reject a User’s cancellation request. In the event the Seller rejects a cancellation request, the Seller must (within the stipulated timeframe) notify the User of the decision.

 

Notwithstanding the above, Sellers must comply with any returns or change or mind policies they have listed in their Seller Terms.

 

2 business days from the User’s cancellation request

Accept User cancellation request / change of mind return

 

The Seller may choose to accept a User’s cancellation request or change of mind once an order has been placed. The Seller must accept the cancellation request or change of mind if it is required by the Seller Terms and Conditions, or applicable law, to do so. In the event the Seller accepts a cancellation request or change of mind return, the Seller must within the stipulated timeframe:

 

        Notify the User that the cancellation request or change of mind return is accepted; and

        Fully inform the User of any costs or requirements of cancelling the order or change of mind return, including but not limited to, the condition the Product must be returned in, which party is responsible for the original shipping costs (if applicable), restocking fees, other costs to be deducted, and when a refund/credit note will be issued.

 

The Seller must provide MyDeal.com.au with full details including breakdown of any deduction from the refund amount such as original shipping cost and/or restocking fee.

 

Notwithstanding anything to the contrary, we expect Sellers to comply with any returns or change or minds policies they have listed in their Seller Terms.

 

2 business days from the User’s cancellation request

Missing parts (available)

 

The Seller must dispatch missing parts and provide delivery tracking details to the User within the stipulated timeframe. Please see “Missing parts (not available)” below if the missing parts cannot be dispatched within the stipulated timeframe.

MyDeal may in its sole and absolute discretion issue a refund to the User if the Seller fails to dispatch missing parts within the stipulated timeframe.

Note: The Seller is responsible for all shipping costs incurred as a result of missing parts. In the event that the Seller dispatches the incorrect missing parts, the Seller must comply with the process in “Missing parts (not available)” below.

 

10 business days from being notified of missing parts from the User.

 

 

Missing parts (not available)

 

If the Seller is unable to provide missing parts within the stipulated time frame under “Missing parts (available)”, the Seller is required to notify the User within the stipulated timeframe with an ETA for the missing parts. The User may then decide to, at their election:

 

        wait for delivery of the missing parts; or

        request a full refund.

 

In the event a User requests a full refund, the Seller is obliged to provide a full refund.

 

These options must be given to the User, however, the Seller is also permitted to also offer alternative remedies including providing compensation for the User to keep the Products and source their own missing parts.

 

Note: The Seller is responsible for all shipping costs incurred as a result of missing parts.

 

2 business days from being notified of missing parts from the User.

 

Products/Vouchers that don’t match description, or incorrect Products/Vouchers received

In the event that the User receives the incorrect Products or Vouchers, or the Products or Vouchers don’t match their description, the Seller must provide one of the following remedies to the User within the stipulated timeframe (at the election of the User):

 

        replace the Products/Vouchers with the correct Products/Vouchers at no additional cost; or

        a full refund.

 

The Seller is taken to have provided one of the remedies within the stipulated timeframe if:

 

        in the case of replacing the Product/Voucher – the Seller dispatches the replacement Product/Voucher and provides the delivery tracking to the User; or

        in the case of providing a full refund – the Seller issues a full refund to the User via the MyDeal Marketplace Portal.

In the event the Seller fails to provide one of the above remedies, MyDeal may on behalf of the Seller, in its sole and absolute discretion (but subject to any obligations arising under the Australian Consumer Law), arrange the return of the incorrect Products/Vouchers with the User at no cost and refund the User on behalf of the Seller.

 

The Seller is responsible for arranging the collection or return of the incorrect Products or Vouchers with the User at the Seller’s cost, in accordance with and subject to the provisions of the Australian Consumer Law.

10 business days from being notified by the User.

 

Faulty Products/ warranty claims

 

The Seller is required to comply with Australian Consumer Law at all times.

Without limiting consumer rights which apply under the Australian Consumer Law, in the event that there is a major failure with a Product, the User is entitled, at their sole and absolute discretion, to reject the Product and ask for a refund or replacement, or ask for compensation for any drop in the value of the Product.

 

In the event that there is a minor failure with a Product, the Seller can choose between a repair, replacement or refund.

 

The Seller is required to provide a remedy for Product faults within the stipulated timeframe.

 

The Seller is taken to have provided one of the remedies within the stipulated timeframe if:

        in the case of a refund: the Seller issues a refund to the User via the MyDeal Marketplace Portal;

        in the case of a replacement: the Seller dispatches the replacement Products and provides delivery tracking to the User; or

        in the case of a repair: the Seller dispatches the repaired Products and provides a delivery tracking to the User.

 

Subject to the Seller’s obligations under the Australian Consumer Law, the User is responsible for returning the Product to an Australian postal address if it can be posted or easily returned. The Seller must reimburse the User for reasonable postage, packaging and/or transportation costs if the Product(s) are confirmed to be faulty. If the Product(s) are too large, too heavy or too difficult to remove, the Seller is responsible for arranging, at their cost, the return and collection of the faulty Products.

The Seller may also be required to compensate the User for any consequential costs incurred due to the faulty Product(s). This includes, but is not limited to, cost of packaging material, cost to remove installed items (e.g. air-conditioning unit), and/or cost of disposing of faulty Product(s).

 

10 business days from being notified of the fault or damage from the User.

Lost in transit (LIT)

 

The Seller must lodge an investigation with the courier provider for all Products/Vouchers reported as undelivered. This must be lodged with the courier provider within 2 business days from the date the User reported the undelivered Products/Vouchers.

Irrespective of the courier providers investigation timeframe, the Seller must be able to provide the User, within the stipulated timeframe, one of the following (at the election of the User):

 

        Proof(s) of shipping. Examples of proof of shipping include:

        a copy of the shipping receipt or shipping label that includes the delivery address, recipient name and tracking number;

        for Australia Post eParcel customers, a copy of the consignment information page which shows the delivery address and the online tracking code that can be used to confirm delivery;

        a shipping code from a carrier that will allow viewing of the shipping status and delivery address; or

        a receipt issued by the courier carrier that is signed by the recipient acknowledging delivery,

        replacement Products. Products must be dispatched and delivery tracking details provided to the User; or

        full refund.

The Seller must be able to provide “Proof of Delivery” on request. If Products and/or Vouchers are lost in transit, and the Seller is unable to provide Proof of Delivery, the Seller is liable.

 

10 business days from the date the User reported the Products/Vouchers undelivered.

Returned to sender (RTS)

 

In the event a dispatched Product is “returned to sender”, the Seller must lodge an investigation with the courier provider within the stipulated timeframe.

 

Note: if the investigation concludes that the Products were returned due to:

 

        User error, the User will be liable for any shipping costs, re-delivery costs or any other associated fees that may be applicable. User error may include, but is not limited to, incorrect address supplied, refusal of delivery, failure to collect etc.

        Seller error, the Seller must either:

o    Cover any costs related to the re-delivery of the Products to the Seller; or

o    Provide a full refund.

2 business days from receiving the returned Product(s).

Additional freight

 

If additional shipping costs are required to be paid, the Seller must issue an invoice for additional shipping costs via the Marketplace Portal within the stipulated timeframe.

1 business day

Escalations

If the User is unable to reach a reasonable resolution with the Seller via the MyDeal Marketplace Enquiry Inbox, the User can escalate this matter to MyDeal for review. MyDeal will use all reasonable endeavours to assist the Seller and the User in resolving the problem.

 

This includes, but is not limited to escalations raised by the User via a:

 

      MyDeal ticket enquiry

      PayPal Disputes/Claims

      Chargebacks

      ZipPay Disputes

      Afterpay Disputes

      Fair Trading Complaints

      Consumer Affairs Complaints

 

10 business days from being notified by MyDeal