Open Source IT Specialists
| Terms and Conditions |
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| Written by Administrator |
| Friday, 22 May 2009 01:13 |
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These Terms and Conditions for Professional Services (the “Terms and Conditions”) are applicable to services provided by Open Integrators Pty Ltd. 1.0 Definitions 1.1 Provider The provider of services to the customer: Open Integrators ABN 48 135 145 603. 1.2 Customer The entity representing the request for or the continued use of, professional services provided by the Provider. 1.3 Professional Services One or more of the following services provided to the customer by the provider: a) Web Hosting b) Email Hosting c) Web Design / Development d) Software Design / Development e) Consulting 2.0 Intention of this Agreement SendATelegram aims are to increase their profile within their line of business with the aid of their new website. The provider enters into this agreement knowing these goals and will act professionally to the best of the Provider’s ability to meet the expectations of the client with professional services provided. 3.0 Billing and Payment 3.1 Rendering of Fees / Billing Period The Provider shall bill all charges incurred by the Customer for Professional Services on a monthly basis, unless outlined otherwise. The provider to the best of its ability will provide information within the Bill to the Customer detailing the allocation of fees for professional services. Should the costs required to provide the monthly service to the customer exceed the average website usage amount, for example, website bandwidth usage exceeding 5GB a month, then this cost will be passed onto the Customer. 3.2 Payment of Fees The customer shall pay all fees for Professional Services in arrears on a monthly basis. Should the Customer refuse to or be unable to pay the fees accumulated within two billing periods, the Provider has the right to suspend all Professional Services currently in use by the Customer without notification. Should professional services take place over a period of months, for example, website development taking 3 months, the Provider has the right to bill the customer for the work carried out on a monthly basis. 3.3 Legal Changes Should an applicable law or regulation be changed in such a way as to increase the fees for Professional Services, such as an Internet Provider tax, this cost will be passed onto the Customer. 3.4 Disputed Fees In the event of the Customer disputing any portion of the fees for Professional Services, the customer must pay those fees currently not in dispute. All disputes must be submitted to the Provider within 28 days (4 weeks) of receiving the bill or the Customer will waiver the right to dispute the fee. 4.0 Cancellation of Professional Services 4.1 Cancellation of Customer by Provider a) For nonpayment of fees for Professional Services carried out by the provider, the provider may discontinue all professional services upon 14 days (2 weeks) of written notice without incurring any liability for unused services. b) For any violation of Terms and Conditions found in this document, the Provider has the right to immediately discontinue all Professional Services provided to the Customer. c) Should the Customer file for Bankruptcy, the Provider has the right to terminate all services found within the Professional services agreement within 14 days (2 weeks) of acquiring this information. d) If the Provider and the Customer mutually agree to end the agreement, the Provider will endeavor to complete any outstanding work under the last professional services rate charged to the customer. 4.2 Cancellation of Professional Services by Customer a) The Customer may cancel the right to Professional Services by the Provider should the Provider and the Customer agree without dispute to terminate the agreement formed. b) The Customer may cancel the right to Professional Services upon 14 days (2 weeks) of written notice and payment of all outstanding fees for Professional Services as summarised by the Provider after the written notice of intent for cancellation is received. 4.3 Resumption of Professional Services Should the Customer wish to resume usage of Professional Services or to found a new agreement, it will be up to the Provider to decide if restoration of service or engagement for new services with the discontinued Customer is to be carried out. 5.0 Confidential Information The provider agrees that information provided by the Customer to the Provider is confidential and shall not be shared with any other entity other than those the Customer pre approves to have access. This information bears no ownership on the part of the Provider. Should certain information be required by third parties to fulfill part or all of the Professional Services, the Provider will seek authority from the Customer before disclosing the information. 6.0 Intellectual Property a) The Customer acknowledges that the Provider shall retain all Intellectual Property Rights to all software, business processes and documentation previously developed by the Provider. b) The Customer shall retain all Intellectual Property Rights to any custom software built by the Provider for the Client should all outstanding fees be settled. The Customer shall retain all Intellectual Property Rights to the database that stores information for the Customer, created specifically to achieve the goals outlined in the intention of this agreement, should all outstanding fees be settled. The Customer will also retain all Intellectual Property Rights to any documentation created by the Provider for the Customer should all outstanding fees be settled. 7.0 Warranty The Provider warrants that all Services provided to the Customer will be carried out in a professional matter. Should a breach of warranty be apparent in the provision of Services, the Provider will be limited to re performing the Professional Services at the Provider’s cost. 8.0 Liability Open Integrators Pty Ltd. and its employees will not be liable to Customer, or any other person, for any special, incidental, indirect (such as damages for loss of profits or revenues, business interruption or loss of data), punitive or consequential damages arising out of the use of Professional Services from the provider or a breach of these Terms and Conditions by Open Integrators Pty Ltd. However, should new work, changes and or updates created by the Provider break functionality of the services provided in such a way that the Client cannot carry out normal business, the Provider will resolve the problem at the Provider’s cost. 9.0 General Terms 9.1 Force Majeure Neither party shall be liable for any failure or delay in performing any obligation under this Agreement (other than an obligation to pay money) by reason of a Force Majeure Event. 9.2 Jurisdiction These terms and conditions are governed by and shall be construed in accordance with the laws of Queensland Australia and the parties submit to the exclusive jurisdiction of the courts in that place. 9.3 No Reliance Customer acknowledges that, in agreeing with these terms and conditions, it has not relied on any warranty, representation or other promise of any nature not contained in the terms and conditions. |
