Terms and Conditions of Trading

 

  1. INVOICES AND PAYMENT Invoices for work will be issued on completion of the work or monthly. Ireckon Pty Ltd’s trading terms require payment fourteen (14) days from the date of invoice, unless alternative written agreements have been made with management. Progress payments at the end of each month will be required for part completion of work. All invoices will require payment on the same terms set out in this agreement.
  2. TITLE OF WORK Each of the products and services provided by Ireckon Pty Ltd to its customers has particular Title issues:
    1. Graphic Design, HTML and CSS Coding:
      1. Any graphic design images produced for the websites that do not include 3rd party rights (such as stock photography) will be assigned to the site owner at the end of the development and on full payment for all agreed services as per signed quotations and / or authorised work. Ireckon assigns full title to the finished produced works automatically on their acceptance by its customers and only on full payment for said works at the end of the development. Licences granted under this provision are in perpetuity (or for the longest time permitted by law).
      2. HTML Code and CSS Code produced and as accessible via the browser view source function, will be assigned to the site owner at the end of the development and on full payment for all agreed services as per signed quotations and / or authorised work. Ireckon automatically grants a non-exclusive, royalty free, assignable right and licence to use, copy, modify and distribute the code as developed for the website, upon signed release documents on completion of the development by the customers and once full payment has been received by Ireckon as per signed quotations and / or authorised work. All such code can be supplied on media (e.g. Disc) as requested by customer and any charges pertaining to providing such media will be charged to customer as part of delivery of said media. Licences granted under this provision are in perpetuity (or for the longest time permitted by law).
      3. All content provided and adapted to the website will be automatically assigned to the site owner at the end of the development and on full payment for all agreed services as per signed quotations and / or authorised work, where such work has been added to or altered by Ireckon. Where the content is used as supplied no rights to the content title will have been waived by the customer and they will retain such copyright. Licences granted under this provision are in perpetuity (or for the longest time permitted by law).
      4. Database and scripting language programming developed in conjunction with the development of a web site or integrated into a website are provided as part of a non-exclusive licence for use by the customer solely in conjunction with the specific website provided. Ireckon retains the rights in the code, coding methodologies and functionality and its use in other applications of similar nature (see 2.5.1). No such code can be resold as a product in its own right and can only be transferred as part of a sale of business assets. The non-exclusive licence for such code is granted automatically upon signed release documents on completion of the development by the customer and once full payment has been received by Ireckon for said development as per signed quotations and / or authorised work. Licences granted under this provision are in perpetuity (or for the longest time permitted by law).
    2. Programming Code, Database development
      1. As part of a website development. Refer Section 2.1.4 (above)
      2. Project Development code and databases are developed for customers under a non exclusive licence, for the sole use as specified in the development agreement. Such licence is granted after completion of the project and on full payment for all agreed services as per signed quotations and / or authorised work. Ireckon retains the rights in the code, coding methodologies and functionality and its use in other applications of similar nature (see 2.5.1). No such code can be resold as a product in its own right and can only be transferred as part of a sale of business assets. Licences granted under this provision are in perpetuity (or for the longest time permitted by law).
      3. Application Service Provision / Rented Software. All code developed and provided by Ireckon under Application Service agreements, are covered by specific software / product agreements. The customers retains rights to the data / content used in the application and is subject to all terms and conditions as per the relevant agreements.
    3. Multimedia Development
      1. Ireckon assigns full title to the finished produced works (multimedia CD's, online or other presentations) automatically on their acceptance by its customers and only on full payment for said works at the end of the development. Licences granted under this provision are in perpetuity (or for the longest time permitted by law). This excludes any rights to 3rd party audio, video or stock imagery as acquired under the agreement for the customer, such title rights being covered by the relevant agreements of those providers.
    4. Unused Work
      1. Ireckon retains the rights in all works produced partially or fully during the development process that are not chosen to be used for any reason whatsoever.
    5. Background Technology
      1. Ireckon is the owner, licensee or sub-licensee of various pre-existing development tools, routines, subroutines and/or other programs, data and materials that Developer may use or implement in the development of any websites or similar developments including Graphic Design, Images, HTML, CSS, Browser based software applications and Multimedia. The Background Technology includes items in this list but is not limited to such. Ireckon retains all right, title and interest in and to the Background technology, and unless otherwise specified in any document or agreement grants non-exclusive licences to use the Background Technology only to the extent necessary to use the materials or sites produced. No customer is authorised to sell or license any background technology or rights thereto to any other person or firm.
  3. OVERDUE ACCOUNTS Services will not be supplied to customers with overdue accounts until such time as their account is brought up to date. We reserve the right to charge overdue account fees not in excess of the current Westpac Bank (credit) card rate. Ireckon Pty Ltd will have the right to retain possession of any work produced and materials which are the property of the customer until such time as the account is paid within the agreed terms of trading. In the even of non-payment of an account, the customer agrees that Ireckon Pty Ltd will be entitled to claim all legal costs, interest and damaged incurred by it in recovering debt.
  4. ACCEPTANCE AND CANCELLATIONS Quotations will be accepted by the customer upon signature of the Ireckon Pty Ltd Quotation form or by confirmation in writing. After a quotation is accepted by the customer, cancellation will incur a fee. The cancellation fee will be calculated on the percentage of work carried out to the date of cancellation, such calculation to be in the sole discretion of Ireckon Pty Ltd, based on its hourly charge rate at the time.Deposits paid for the commencement of work are non-refundable.
  5. QUOTATIONS All quotations submitted by Ireckon Pty Ltd will be valid for no longer than fifteen (15) days from the date of quotation, unless otherwise specified by Ireckon Pty Ltd. A quotation will only become binding upon Ireckon Pty Ltd on receipt by it of the “Ireckon Pty Ltd Quotation” and “Ireckon Pty Ltd Terms and Conditions of Trading” signed by the customer. Signature of these forms by the customer will be unconditional acceptance by the customer of both the Quotation and Terms and Conditions of Trading. Confirmation in writing by the customer and instructions to proceed with work will also be acceptance of these terms.
  6. ALTERATIONS Should a customer request alterations either:
    1. after work has commenced in accordance with the original brief received by Ireckon Pty Ltd; or
    2. after approval by the customer of the final work produced, the customer agrees to pay a fee, relative to the complexity of the alterations, and time and materials necessary to effect the alterations. Determination of the complexity of cost of the alterations will be at the sole discretion of Ireckon Pty Ltd. Calculations will be based on actual expenses and based on its hourly charge rate at the time.
    3. Ireckon will at all times attempt to provide notice of items that are outside of the scope of works agreed to and provide warning and seek approval to conduct such work. Ireckon will not initiate works without authorisation to do so by its customers.
  7. CORRECTIONS AND APPROVALS Whilst every effort is made to ensure correctness, the final responsibility for checking the content, layout and spelling remains with the customer. Prior to the release of any development by Ireckon, customers will be required to provide written approval of release, which verifies they have checked the correctness of the development and authorise its release. No verbal approvals will be accepted.
  8. CLAIMS LIMIT Any claim for faulty workmanship is to be raised within seven (7) days of the provision of the work to the customer and prior to receipt of written confirmation by signature of the disclaimer by the customer. Any claim is limited to resupply of the work on the part of Ireckon Pty Ltd, with no liability for consequential or any other loss.
  9. COMPLETION TIME Any completion date provided in a Quotation is an estimate only. Ireckon Pty Ltd services are subject to provision of a clear written brief from the customer, and Ireckon Pty Ltd are not liable for late delivery or non-delivery of information or instructions by the customer.
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