Terms and Conditions
In the event of cancellation of service, the customer agrees to give “Hicaliber”
30 days written notice and agrees to pay the whole of the cost of the hours
spent in relation to the Agreement, up the date of cancelation.
The Client shall pay the support hours agreed (and any additional agreed
charges) to “Hicaliber” in advance and seven (7) days from the date of
the invoice raised by “Hicaliber”.
3. COMMISSIONING TRAINING
“Hicaliber” shall use its best endeavours to complete, deliver
and otherwise prepare the project for commissioning by the Planned Date of
“Hicaliber” shall unless otherwise agreed provide user training
during normal business hours.
“Hicaliber” shall not in any circumstances be liable for any
claim, liability, expense or cost arising directly or indirectly from the delay
or failure to perform its obligations under the Agreement where such delay or
failure is caused by events beyond the reasonable control of “Hicaliber”.
4.1 “Hicaliber” shall not be liable for any direct or indirect
consequential loss or damage suffered or incurred by the Client arising out of
the breach of the Agreement by “Hicaliber”.
4.2 “Hicaliber” warrants for that 30 days following acceptance of
the work by the Client, the website and/or software will be free from material
reproducible programming errors and defects in workmanship and materials, and
will substantially conform to the original Specifications in the Development
Plan when maintained and operated in accordance with “Hicaliber’s”
5. INTELLECTUAL PROPERTY
“Hicaliber” shall retain all right, title and interest, including
all copyright, patent rights and trade secret rights in the Background Technology
used to complete the work
6. GRAPHICS/CONTENTS USED
6.1 “Hicaliber” assumes the Client
has permission from the rightful owner to use any images, articles, design
elements or other contents that are provided by the Client for inclusion in the
website and/or software, and will hold harmless, protect, and defend “Hicaliber”
from any claim or suit arising from the use of such elements.
6.2 “Hicaliber” may display graphics and other Web and/or
Software content elements as examples of their work in their portfolio and as
content features in other projects. However, if required by The Client, “Hicaliber”
will remove such content.
7. DEFAULT BY THE CLIENT
7.1 In the event that: –
7.1.1 The Client is in default of or breaches the Agreement by reason of failure to pay any amount to “Hicaliber”
or any other act or omission;
7.1.2 The Client becomes or threatens to become or is in jeopardy of
becoming subject to any insolvency administration; or
7.1.3 The Client ceases or threatens to cease conduct of its business in
the normal manner: “Hicaliber” may, without prejudice to any other of its rights:-
188.8.131.52 Refuse the completion of the Project or any part thereof, and/or
184.108.40.206 Recover from the Client all loss of profit that would have been
made in respect of the completion of the work.
8.1 The Client must keep confidential and not disclose to third parties
any confidential information provided by “Hicaliber” unless authorized
to do so in writing by “Hicaliber” in order to
fulfil its obligations under the Agreement.
8.2 The Client may only disclose confidential information to employees
and officers, where authorised, on a need to know basis and solely for the
purposes permitted by the Agreement. A confidentiality agreement must, if
requested by “Hicaliber”, be signed by the employee officer or third
party and approved by “Hicaliber” prior to the disclosure.
9. ENTIRE AGREEMENT
These Terms and Conditions: –
9.1 Constitute the entire agreement of the parties as to the subject
matter and supersedes all prior representations and agreements in
connection with that subject
9.2 May only be altered in writing, signed by both parties.
9.3 Any proposals for additional work is only valid for 14 working days
and all finance figures will require confirmation upon application submission.
9.4 All calculations for return on investment is indicative only.
Any term or condition herein being a whole clause or part of a clause
which is invalid, unlawful, void of unenforceable shall be capable of severance
without affecting any other term or condition.
11. GST All Prices stated in
this Agreement are exclusive of GST unless otherwise stated.