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| 1. Introduction |
| 1.1. These terms and
conditions ("the Terms") govern every contract made between Lafinboy
Productions ("Us/We") for the supply of goods and/or services ("the Works")
to any person, group, association, business or company ("the Client"). |
| 1.2. These Terms prevail
over any written terms and conditions of the Client. |
| 1.3. Any variations to
these Terms must be approved in writing by Lafinboy Productions. |
| 1.4. All contracts between
Lafinboy Productions and the Client will be governed by New South Wales law
and each party submits to the jurisdiction of courts exercising jurisdiction
in that State. |
| 2. Estimate |
| 2.1. We will provide a
written estimate based on the Client's brief for the Works prior to
commencement. The estimate will be valid for 28 days from the date of the
estimate. |
| 2.2. If the Works change
from the Client's original brief We reserve the right to vary the estimate. |
| 3. Ordering |
| 3.1. Orders for work must
be given in writing to Lafinboy Productions by the Client. |
| 3.2. Notwithstanding clause
2.1, if We accept a verbal order from a Client We will not be held
responsible for any mistakes (made by either party) arising from that verbal
order. |
| 3.3. We reserve the right
to refuse to accept any order. |
| 4. Completion of Works |
| 4.1. Lafinboy Productions
and the Client must work together to complete the Works in a timely manner.
We agree to work expeditiously to complete the Works by the agreed
completion date. |
| 4.2. The Client agrees to
supply Us with all text, graphics and other materials, items or approvals
required to complete the Works in a timely manner. |
| 4.3. We reserve the right
to revise the agreed completion date if the Terms of clause 4.2 are not met. |
| 4.4. We will provide the
Client with regular reports on the progress of the Works. |
| 5. Payment |
| 5.1. Payments for the Works
will be made as defined in the Payments Schedule. |
| 5.2. Lafinboy Productions
may, at its sole discretion, issue periodic invoices outside the Payments
Schedule, should the Works be significantly changed or delayed. |
| 5.3. Payment of invoices
shall, unless otherwise agreed in writing, be made in full without any
deduction or set-off within 14 days of the date of invoice. In this respect
the Client acknowledges that time is of the essence. |
| 6. Cancellation |
| 6.1. Once the Client has
placed an order for Works with Lafinboy Productions, that order will not be
cancelled without the written approval of Lafinboy Productions. |
| 6.2. If We agree to the
cancellation of the order We shall be entitled to be paid for all work in
progress to the date of cancellation. |
| 6.3. All materials, proofs,
copy and the like supplied to the Client as part of the Works must be
returned to Lafinboy Productions. |
| 6.4. Title and copyright of
all materials produced to the date of cancellation will remain with Lafinboy
Productions. |
| 7. Copyright |
| 7.1. Original content
specifically requested by the Client and designed by Us for the Works shall
be the intellectual property of the Client once final payment and any
additional charges have been paid. |
| 7.2. Rights to content not
specifically requested by the Client and designed by Us for the Works are
not transferred to the Client, and remain the property of their respective
owners. |
| 7.3. Lafinboy Productions
claims no copyright in material supplied to Us by the Client for the purpose
of completing the Works. |
| 7.4. The Client warrants
that the Client owns or controls all rights, has obtained all copyright, or
has permissions, consents and waivers that are now and hereafter required
for all copying, processing, scanning, printing and manipulation of content
supplied by the Client to Us for use in the Works. |
| 7.5. Lafinboy Productions
retains the right to display all or part of the Works in its portfolios and
marketing material. |
| 8. Retention of Title |
| 8.1. The Works remain the
property of Lafinboy Productions until payment has been made in full. |
| 8.2. Website login codes
will only be given to the Client: |
| 8.2.1. at the request of
the Client; and |
| 8.2.2. after all
accounts have been paid in full. |
| 9. Delivery |
| 9.1. The completed Works
will be delivered to an address specified by the Client, in a format
suitable for the medium of the Works, eg Email, CD ROM, Printed material,
etc. |
| 9.2. A final copy of the
completed Works will be supplied ONCE
only. Requests for additional copies should be made in writing to Lafinboy
Productions. Further copies of the final Works will attract additional
charges. |
| 9.3. Lafinboy Productions
will not insure any Works shipped, couriered or otherwise transported to the
Client. We will, if requested in writing by the Client, and at the Client's
cost, arrange insurance for transportation of the Works. |
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| T&C_doc_v1.4_2005 |
