web design and graphic design in melbourne victoria australia
web design melbourne, graphic design & logo design for lifestyle and entertainment | web design & graphic design for the entertainment industry | melbourne, victoria, australia
home | about incognita | web design | graphic design | showreel production | feedback & reviews | e-newsletter | contact

QUICK LINKS:

Contact Details

get a free web design quote
click here to go to our quote form for all our design services

get all the latest news
click here to subscribe to the incognita e-newsletter


Terms & Conditions
For Services Rendered

1. GENERAL

1.1 These conditions apply to all present and future transactions for the supply of services by Incognita Enterprises to the exclusion of any terms and conditions stipulated by the Client in any other agreement.

1.2 These conditions, the quotation and the invoice constitute the entire agreement between Incognita Enterprises and the Client for the supply of services. The employees or agents of Incognita Enterprises are not authorised to make any representations concerning the services unless confirmed by Incognita Enterprises in writing. The Client acknowledges that it does not rely upon and waives any claim for breach of any representations which are not so confirmed.

1.3 These conditions may not be varied other than in writing by Sally McLean.

2. DEFINITIONS
"Work" means the work which Incognita Enterprises has agreed to carry out or the services which Incognita Enterprises has agreed to carry out in the quotation and shall include the supply to the Client of any website, domain name, artwork, or any other goods or services.

3. SUPPLY

3.1 On receipt by Incognita Enterprises of acceptance of the quotation by the Client Incognita Enterprises agrees to accept the work in accordance with the quotation.

3.2 Any advice or recommendation given by Incognita Enterprises to the Client as to the application or use of the Work is followed or acted upon entirely at the Client's own risk and Incognita Enterprises shall not be liable for any consequences arising from any such advice or recommendation.

4. DELIVERY & PAYMENT

4.1 Delivery of work shall be accepted when tendered and thereon or if earlier on notification that the work has been completed, payment shall become due.

4.2 On receipt by Incognita Enterprises of acceptance of the quotation by the Client the Client agrees to accept the work in accordance with the quotation.

4.3 Any advice or recommendation given by Incognita Enterprises to the Client as to the application or use of the Work is followed or acted upon entirely at the Client's own risk and Incognita Enterprises shall not be liable for any consequences arising from any such advice or recommendation.

4.4 Unless otherwise specified the price is for delivery of the work to the Client's address as set out in the quotation. A charge may be made to cover any extra costs involved for delivery to a different address.

4.5 Should expedited delivery be agreed Incognita Enterprises reserves the right to charge an additional sum.

4.6 Any dates quoted for the completion of Work by Incognita Enterprises are approximate only and Incognita Enterprises shall not be liable for any delay howsoever caused.

5. TERMS

5.1. Incognita Enterprises shall be entitled to invoice the Client for all work undertaken on or at any time after payment shall become due.

5.2 Payment shall unless otherwise agreed in writing be made in full without any deduction or set-off within 7 days of the date of the invoice.

6. WEB SITE LINK

6.1 The Client shall allow Incognita Enterprises when carrying out the work to permanently insert into the source code comments Incognita Enterprises' name, author's name and URL.

6.2 The Client shall allow Incognita Enterprises after completing the Work to permanently insert into Incognita Enterprises' own website a link to the work on the Clients' website.

7. CANCELLATION OR DELAY

7.1 Should the Client change, reject, cancel or stop any or all of the provisions contained in the quotation then Incognita Enterprises shall be entitled to charge for all or any work already carried out in accordance with the terms of the quotation or any further instructions from the Client including labour and any other additional costs, charges or expenses incurred by Incognita Enterprises as a result of the cancellation.

7.2 Should Work be suspended at the request of or delayed through any default of the Client for a period of 30 calendar days, Incognita Enterprises shall then be entitled to payment for all or any work already carried out in accordance with the terms of the quotation or any further instructions from the Client including labour, materials used or specifically ordered on the Client's behalf and any other additional costs including storage.

8. OWNERSHIP & RISK
Services supplied by Incognita Enterprises will remain Incognita Enterprises' property until the Client has paid for them and discharged all other debts owing to Incognita Enterprises, in particular all files used in the production of client websites remain the property of Incognita Enterprises until full payment is received. Incognita Enterprises reserves the right to terminate the hosting (if provided) or remove all files from web space if hosting is not provided of any client website if full payment is not received within the terms of invoice.

9. LIMITATIONS OF LIABILITY

9.1 While Incognita Enterprises makes reasonable endeavours to carry out its obligations, Incognita Enterprises shall not be liable in contract or tort or under any head of legal liability for any damages, costs, claims, expenses or interest arising out of the performance or alleged non-performance of work to be undertaken in accordance with the quotation or these terms and conditions by Incognita Enterprises and in particular (without limiting the foregoing) shall not save where otherwise required by law or Order of the Court accept liability for:

(a) consequential loss or damage of any kind including loss of turnover, sales, revenue or profits unless the type of loss or damage was specifically drawn to the attention of Incognita Enterprises at the date of the quotation.

(b) any claim for an amount in excess of the agreed price.

9.2 Insofar as is permitted by law where work is defective for any reason, including negligence, Incognita Enterprises' liability (if any) shall be limited to rectifying such defect. Where Incognita Enterprises performs its obligations to rectify defective work under this condition the Client shall not be entitled to any further claim in respect of the work done nor shall the Client be entitled to any further claim in respect of the work done nor shall the Client be entitled to treat delivery thereof as a ground for repudiating the contract, failing to pay for the work or cancelling further deliveries.

10. SPECIFICATIONS AND COPYRIGHT

10.1 The Client shall be responsible for ensuring the accuracy of any specifications submitted by the Client and for supplying any specifications or information relating to the Work within a sufficient time to enable Incognita Enterprises to complete the Work in accordance with its terms.

10.2 The Client shall indemnify Incognita Enterprises against all loss, damages, costs and expenses awarded against or incurred by Incognita Enterprises in connection with, or paid or agreed to be paid by Incognita Enterprises in settlement of any claim for infringement of Patent, Copyright, design, Trademark or industrial or intellectual property rights of any other person which results from Incognita Enterprises use of the Client's specification.

10.3 The Client shall ensure that any necessary permissions, authorisations, licences or consents are obtained at its own expense prior to the Work being carried out and shall indemnify the Client against all loss, damages, costs and expenses awarded against or incurred by Incognita Enterprises in connection with any claim arising as a result of the Client's failure to obtain any such permissions.

10.4 Copyright/ownership of the product is retained by Incognita Enterprises until payment is made in full at the contracted price.

10.5 The Client shall continue to own sole copyright of any text or graphics provided to Incognita Enterprises in connection with the Work that are unique and exclusive to the Client once the above has been settled.

10.6 Incognita Enterprises shall own and continue to own sole copyright of any language, HTML, java script, meta content or key words, graphics, scripts or other creative work produced by Incognita Enterprises as part of the works. Upon receipt of the final payment due under the terms of the quotation the Client shall receive ownership of any text, images and custom built scripts within the website.

11. INSOLVENCY
Without prejudice to other remedied, if the Client becomes insolvent (that is if it is unable to pay its debts or has a winding up petition issued against it or has a receiver, administrator or administrative receiver appointed to it) Incognita Enterprises shall have the right not to proceed further with any work for the Client and shall be entitled to charge for work already carried out (whether completed or not) and material purchased for the Client, such charge to be an immediate debt due to Incognita Enterprises and any unpaid invoices shall become immediately due for payment.

12. CONFIDENTIALITY
The Client shall keep in confidence any information of a confidential nature relating to the quotation obtained from Incognita Enterprises and must not disclose such information to any other purchaser without Incognita Enterprises' prior written consent provided that this restriction does not apply to information which is already in the public domain, lawfully obtained from a third party which is free to disclose required to be disclosed by law or a competent authority in the lawful possession of the Client prior to disclosure. The restrictions in this paragraph shall survive the termination or expiry of this contract.

13. DOMAIN NAME REGISTRATION

13.1 Incognita Enterprises does not carry out any investigation as to whether the Client is entitled to register or have any rights to the Domain Name. By registering the Domain Name Incognita Enterprises is not acknowledging that the Client has any rights in the name comprised in the Domain Name and Incognita Enterprises is not authorising the Client to use the Domain Name in the course of trade. Whilst Incognita Enterprises shall use its reasonable endeavours to register any requested Domain Name it is unable to guarantee registration of the same. Confirmation of registration shall be given by Incognita Enterprises to the Client as soon as possible. Until that time the Client cannot assume that registration has been effected.

13.2 Incognita Enterprises accepts no on-going responsibility for re-registering the Domain Name after the initial registration period has expired, nor does it accept responsibility for ensuring that the Domain Name remains in force during the initial registration period.

13.3 The Client shall indemnify Incognita Enterprises against all loss, damages, costs and expenses awarded against or incurred by the Client in connection, or paid or agreed to be paid by Incognita Enterprises in settlement of any claim for infringement of the rights of any third party in applying for the internet Domain Name or for acting for the Client in connection with such application.

13.4 Incognita Enterprises acts as the Client's agent only. The Contract for registration of the Domain Name shall be or shall be deemed to be between the Client and the naming authority.

14. FORCE MAJEURE
Incognita Enterprises shall not be liable in respect of any shortage or failure to supply where such shortage of or failure is due to act of God or any other reason beyond the control of Incognita Enterprises and Incognita Enterprises in such circumstances will not be liable in respect of any consequential loss to the Client.

Top

 

home | about incognita | web design | graphic design | showreel production | feedback & reviews | e-newsletter | contact
Privacy Policy
Terms & Conditions
Site Map
 

web design melbourne : incognita : designing for entertainment
Incognita Design is part of the Incognita group of businesses, based in Melbourne, VIC Australia

All contents copyright © Sally McLean 1998-2012 | All Rights Reserved