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Terms & Conditions

Payment Terms:
Your payment terms are specified to the size and nature of your project. Please refer to the categories below to determine the applicable payment schedule.

 

10K + Project:
50% of the project fees will be invoiced as a deposit prior to the commencement of the project – payable within 7 days. (Please note, the project cannot commence until the deposit has been received.)
20% of the project fees will be invoiced once a comparable project milestone (70%) has been reached – payable within 14 days.
20% of the project fees will be invoiced once a comparable project milestone (90%) has been reached – payable within 14 days.
10% of the project fees will be invoiced once a comparable project milestone (100%) has been reached – payable within 14days.

 

Up to 10K Project:
50% of the project fees will be invoiced as a deposit prior to the commencement of the project – payable within 7 days. (Please note, the project cannot commence until the deposit has been received.)
50% of the project fees will be invoiced upon completion of the project – payable within 14 days.

 

Media:
100% of the media fees will be invoiced prior to the launch of the project – payable immediately. (Please note, project cannot commence until funds have been received.)

 

Monthly Retainers:
Monthly retainers will be billed in full at the start of each month for the services delivered in that month – payable within 14 days.

 

Definitions:
Alpere Creative (The Agency); Website Development (The Project); You (The Client)

 

Commencement of Work:
The Client agrees to provide signed approval of the attached quote and provide a deposit payment in advance before any work is commenced.

 

Service Fees:
It is agreed that the fee for service shall be the cost provided in this quote, unless work undertaken exceeds work outlined or is deemed out of scope of the work set out in this quote. If work is deemed out of scope, The Client will be asked to approve the additional work and additional fee quote, agreeing to pay for the additional work. Fees paid for service will not be refunded if project is cancelled or postponed after payment. Fees paid will be held in credit by The Agency for future works requested by The Client until the credit amount is exhausted. Amounts in credit will be held for up to 18 months after payment, thereafter credit amounts will be forfeited.

 

Payment Schedule:
It is agreed that The Client agrees to the Payment Schedule and Terms of the Project Fees that relate to The Project and as presented to The Client.

 

Authors Amendments and/or Variations:
This is defined as any production requirements of The Client that are outside the scope of the attached quote or requested by The Client after sign-off of the quote by an authorised representative of The Client.

 

Liability Regarding Work and Materials Provided:
It is agreed that all work and materials provided for The Client by The Agency will be free and clear of all liens and encumbrances and may be lawfully used by The Client without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright, trade secret, patent or trademark rights of any third party.

 

Copyright:
It is agreed that The Client will have the exclusive right to retain and reproduce any artwork, manuals, information, material, reports and other output which is produced from the performance of the work outlined in this submission. It is agreed that The Agency hereby assign to The Client upon written confirmation of this submission and payment in full, all rights, title and interest in the future copyright of any artwork, manuals, information, material, reports and other output which is produced, extended or modified during the performance of the work outlined. This granting of copyright does not extend to the use of design proposals, strategies, intellectual property, ideas of concepts submitted but not approved by The Client for the work outlined.

 

Owner of Intellectual Property Rights:
The Agency owns all Intellectual Property Rights associated with the Source Code and any customised programming along with the processes and expertise used to deliver a project.

 

Confidentiality:
It is agreed that employees of The Agency shall not at any time either during the continuance of the work outlined or thereafter, except in their course of duties or to a court of competent jurisdiction, divulge any of the confidential affairs of The Client or any of its clients
or associated companies to anyone whatsoever without the previous consent in writing of The Client.

 

No Employment of Personnel of the Other Party without Written Consent:
During the period of this agreement and for 24 months following, neither party may, without the written permission of the other party, employ any of the personnel of the other party with whom it worked or became acquainted pursuant to the performance of this agreement.

 

Source Code:
Source Code can be defined as all standard programming developed by The Agency and used in its business; and the computer programs in human-readable form, including programmers comments, data files and structures, header and include files, macros, object libraries, programming tools not commercially available, technical specifications, flowcharts, and logic diagrams, schematics, annotations and documentation associated with or that forms part of The Project. The Agency grants to The Client an irrevocable, perpetual, royalty free license to use the Source Code on and in relation to The Project. The Client accepts agreement; or provide, disclose, make available to, sell, rent or sub-license the Source Code to any party, without the license but must not use the Source Code on any other website or for any other purpose other than as provided under this agreement; or provide, disclose, make available to, sell, rent or sub- license the Source Code to any party, without first obtaining The Agency’s written consent, which shall not be unreasonably withheld. The Agency acknowledges that The Client shall be entitled to amend the Source Code via itself or through a third party information technology developer provided that any such amendment is strictly for the benefit of The Client.

 

Warranty:
The Agency warrants The Project completed for They Client from the date of public release for a period of three months, on the proviso that The Agency is in control of the component files and that no third party including The Client attempts to tamper, change, move, alter (or other) the Source Code. During this period, any works required to rectify a technical malfunction shall not be charged. Malfunction does not include upgrades or amendments to technology or functionality, as defined by industry standards.