Our fee does not include the costs of handling source material, digital scanning, international phone calls/faxes, written evidence or meeting/conference attendance. Where these expenses are incurred they will appear, at cost, as disbursements on the final account.
- Diligence Oblong + Sons undertakes to apply their skill and experience to provide the service and will use all diligence in completing the task.
- Variations Oblong + Sons will undertake to bill the aforementioned fee and this will only be varied if additional work is requested (specified Clause 6), a change in scope of work occurs (specified in Clause 6) or disbursements (specified in Clause 6) or the project is cancelled (see Clause 7).
- Deadlines All care will be taken to complete the work according to deadline. However our ability to complete the service on time is subject to receiving the essential information from the briefing party at the start of our work. If this is not available, changes to our programme will be discussed and a new completion time will be set.
- Urgency Loading If Oblong + Sons is required to work overnight or on a weekend or Public Holiday period, a surcharge of up to 100% of the original fee will be charged. This applies where the client has requested us to do so, briefing material has not been received in time, or changes occur during the production period requiring a delay to our work but where the original deadline must be adhered to. Where over normal time work is required because Oblong + Sons has caused delay then no surcharge shall apply.
- Payment The paying party identified on this contract, whose signature appears below, undertakes to pay the invoice plus disbursements according to the terms of their credit (if any) with Oblong + Sons and after the satisfactory completion of work. Where work is to be produced in stages, each stage will be invoiced when it is completed and payment will occur according to the terms on the invoice. Where no credit has been applied for or granted terms shall be Cash on Delivery.
- Alterations Alterations due to the change in design, brief or scope of the work must be paid for and will be costed as a separate fee exercise from the original work quoted. Where alterations are required because of incorrect work by Oblong + Sons, no charges will be made for the changes. Where changes are requested of a subjective nature and the work to be changed can be deemed to be of a proper and correct standard then a charge will be levied for the time taken to respond to those changes.
- Cancellation Where a project is terminated by a client, Oblong + Sons shall apply charge equal to the value of the work done to the date of cancellation. Oblong + Sons reserves the right to withdraw their professional services at any stage and will not be liable for any claim for consequential damages.
- Non-disclosure Oblong + Sons will undertake, when requested, non-disclosure of any project in hand, up to, but not beyond, the period when the project or design or web site enter the public domain, usually deemed to be the upload of the web site to the public destination, the distribution of the product, or advice of the existence of the material is released via press release or other method.
- Intellectual Property The work described in the attached quotation will be owned by Oblong + Sons or by its suppliers and is protected by copyright law and international treaty provisions. Oblong + Sons reserves any right not expressly granted to the end-user. the end-user assumes sole responsibility for the use and results obtained from use of this material. Oblong + Sons retains copyright of the work and grants to the client a license for the work as specified hereunder in this contract. The client will have exclusive use of this product for the purposes specified. The work may not be altered, reproduced or displayed for any other purpose unless consent to do so is granted by us. Where commercial product utilising our programming or design is produced and that is not specified in this original agreement then a further charge for such use of our work will be levied. Our logo(s) or reference to our company may not be removed from the work if placement thereof was agreed upon as part of the quoted work. At all times whenever and however our work is reproduced the appropriate credit must be made. Such form should be “Design by Oblong + Sons”. We will have the right to display the design, artwork and/or programming of this project as our work for marketing purposes.
- Limited Warranty Except as provided above, the licensed material is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. To the maximum extent permitted by applicable law, Oblong + Sons and their suppliers disclaim all such implied warranties and all other warranties. (Some states do not permit the exclusion of implied warranties, so the above exclusion may not apply.) No oral or written information given by Oblong + Sons or their agents or employees shall create a modification or addition to this warranty unless it is set forth in writing, references this Agreement and is signed on behalf of Oblong + Sons by an authorised official.
- Restrictions The end-user may not sublicense, assign, or distribute copies of the material to others. In the case of software produced by Oblong + Sons, the end-user may not decompile, reverse engineer, disassemble, or otherwise reduce the software to a human readable form. The end-user may not translate, rent, lease, loan, resell for profit, distribute, or otherwise assign or transfer the material, or create derivative works based upon the material or any part thereof, except as expressly provided in Section 9 above.
- Limitations of Remedies and Liability In no event will Oblong + Sons or their direct or indirect suppliers be liable for any damages whatsoever including, but not limited to, direct, indirect, special, incidental or consequential damages or other pecuniary loss arising out of the use of or inability to use the material, even if Oblong + Sons has been advised of the possibility of such damages. In particular, Oblong + Sons and their suppliers are not responsible for any costs including, without limitation, loss of business profits, business interruption, loss of business information, the cost of recovering such information, the cost of substitute material, or claims by third parties. In no case shall any direct or indirect suppliers of Oblong + Sons bear any liability for any reason whatsoever and in no case shall Oblong + Sons’ liability exceed the amount of the license fee actually paid by the client. This agreement gives the client certain legal rights. The client may have other rights under local law, so some of the above may not apply or may be limited.
- General This Agreement shall be governed by the laws of the State of Queensland, Australia. If you have any questions concerning this Agreement, or otherwise wish to contact a support person, write to:
Oblong + Sons
PO Box 387
New Farm Qld 4005 Australia
© 2011 Oblong + Sons