1 Acknowledgement

Any Client engaging the services of Redfox Corporation Pty Ltd, agrees that except to the extent the Client successfully disputes the Charges under the Billing Dispute provisions of this Policy, each Invoice issued by Redfox is accurate (absent manifest error).

2 Billing Dispute Notice

2.1 In the event that the Client reasonably believes that it is not liable to pay Charges in an Invoice because there is a Billing Dispute, the Client must at least five Business Days prior to the due date as specified on the Invoice (Due Date), deliver to Redfox a Billing Dispute Notice.
2.2 The Billing Dispute Notice must include sufficient detail to enable Redfox to adequately assess the circumstances of the Billing Dispute. Where Redfox, acting reasonably, does not consider that sufficient detail has been provided, Redfox will promptly ask the Client for further details, and the Client must provide such detail within five Business Days of that request.

3 Payment and Response

3.1 Where the Client lodges a Billing Dispute Notice in accordance with Policy:

a) the Client must make payment of the amount not in dispute (Undisputed Amount) by the Due Date;
b) Redfox must, within 10 Business Days of receipt, respond to the Billing Dispute Notice or notify the Client of a date upon which it will respond; and
c) Within 10 Business days of receipt by the Client of Redfox’s response to the Billing Dispute Notice, both parties must meet to endeavour in good faith to resolve the dispute.

3.2 The Client will not be precluded from lodging a Billing Dispute Notice and initiating the Billing Dispute Procedure within 12 months after the Due Date.
3.3 Should the Disputed Invoice remain unpaid, Redfox reserves the right to immediately suspend any services provided under this Agreement.

4 Referral to General Managers and Senior Representatives

4.1 If Redfox Contact and Client Contact do not resolve the Billing Dispute within a further 10 Business days, then the parties must refer the dispute to the general managers (or their appointed delegates) of each party.
4.2 If the general managers (or their appointed delegates) are unable through good faith negotiation to resolve the Billing Dispute within 10 Business Days, then the parties must refer the dispute to the senior representatives (or their appointed delegates) of each party.
4.3 If the senior representatives (or their appointed delegates) are unable through good faith negotiations to resolve the Billing Dispute within 20 Business Days of the dispute being referred to them, then the parties agree to settle the dispute by expert determination administered by the Australian Commercial Dispute Centre (ACDC) and in accordance with this Policy.

5 Expert Determination

5.1 The expert determination will be conducted in accordance with ACDC Expert Determination Guidelines which set out the procedures to be adopted, the process of selection of the expert and the costs involved.
5.2 The expert determination is, in the absence of manifest error, final and binding on the parties.

6 Conclusion of Procedure

6.1 Where the Billing Dispute Procedure determines that:

a) The Client must make payment of the Disputed Amount, within 10 Business Days of the date of the determination the Client must pay such amount together with Interest calculated form the original due date for payment; or
b) Redfox must withdraw the Disputed Amount or refund Disputed Amount previously paid, Redfox will, within 10 Business Days of the determination withdraw the Disputed Amount, or reimburse the Disputed Amount already paid by the Client together with Interest calculated from the actual date of payment by the Client of the Disputed Amount.

7 Exchange of Information

7.1 A party must not use any information obtained from the other party during the course of the Billing Dispute Procedure for any other purpose.

8 Urgent Relief

8.1 Except in the case of urgent interlocutory relief, a party may not start legal proceedings in any court or start any arbitration in respect of a Billing Dispute, unless the party has first complied with the Billing Dispute Procedure.