Terms and Conditions
Terms and Conditions
Definitions
1. In this agreement the following terms have the following meanings:
a. Commencement Date means the date specified in the Work Order Agreement as the Commencement Date
b. Confidential information means in relation to a party, information that is by its nature confidential, is designated by that party as confidential or that the other party knows or ought to know is confidential
c. Customer means the person identified as Customer as specified in the Wor Order Agreement.
d. Intellectual Property Rights means copyright, and all rights in relation to inventions, registered and unregistered trade marks (including service marks), registered and unregistered designs, circuit layouts, and any other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.
e. Payment Plan means the method of payment as specified in the Work Order Agreement as the Payment Plan.
f. Project Description is the description of the project as specified in the Work Order Agreement.
g. Software means SiteMaster and any associated modules supplied by SiteMaster to Customer
h. Services means the services that SiteMaster must provide as described in the Project Description
- 1. Tax Invoice has the meaning given under the Tax System (Goods and Services Tax) Act 1999 (Cth).
- 2. Term of the agreement means the term of this agreement as specified in the Work Order Agreement
2. Provision of Services
a. SiteMaster must provide the Services in accordance with this agreement
3. Customer assistance
a. Customer must provide reasonable assistance required for SiteMaster to provide the services including:
- 1. providing SiteMaster with access to its premises and facilities; and
- 2. providing all relevant content in the prescribed electronic format. SiteMaster will not be responsible for any delays caused by Customer’s failure to provide content or edits in an agreed format in a timely manner.
b. SiteMaster will not be responsible for the loss or damages to materials that are provided to SiteMaster; and the accuracy and legality of any content that Customer provides.
c. Customer warrants that it will not supply SiteMaster with content that Customer knows or suspects to be false, illegal, misleading or the use of which would be in breach of copyright and agrees to indemnify SiteMaster against any liability in relation to content provided by SiteMaster to be used in provision of the Services
4. Charges
a. SiteMaster will invoice Customer in accordance with the Payment Plan. Customer must pay each of SiteMaster’s invoices within 15 days of the date of the invoice.
b. Where Customer disputes any invoice, Customer must pay the full amount of the invoice, and should the dispute be resolved in Customer’s favour SiteMaster will reimburse the Customer the relevant amount.
c. SiteMaster reserves the right to suspend provision of the Services where Customer has not paid an invoice within 15 days of the date of the invoice.
Confidentiality & Privacy
Each party must not use any Confidential Information of the other party’s for any purpose other than the provision of the Services, or disclose any Confidential Information, except to employees, agents, contractors, or advisers requiring the information for the purposes of this agreement with the consent of the other party, if required to do so by law or as
