Terms and Conditions
1. Acceptance of Terms:
The client agrees to the terms and conditions outlined in this document, superseding any of their own, regardless of when they were established. Any exceptions must be pre-approved in writing.
2. Scope of Services:
Software4Business will clearly define the services provided, deliverables, and any limitations.
3. Payment Terms: -
Fees and charges are as agreed upon. - Invoices are payable within 21 working days unless otherwise stated. - Payments overdue by more than 60 days may result in engagement of a debt recovery agency. All associated legal costs are borne by the client. - Late payments will incur a fixed interest of 10% of the outstanding amount.
4. Term and Termination: -
Agreement term is as specified in individual contracts. - Grounds for early termination include breach of terms and non-payment.
5. Confidentiality:
Both parties agree to maintain the confidentiality of proprietary information they gain access to.
6. Intellectual Property:
Ownership rights and licensing for work created during the contract will be as specified in individual contracts.
7. Warranties and Limitations:
Any guarantees provided about service quality and accuracy are as stated in individual contracts. Liability is capped at the total amount the client has paid.
8. Indemnification:
Parties agree to compensate the other for certain acts, including breaches of the agreement or negligence.
9. Non-Compete and Non-Solicitation:
Clients are prevented from pursuing business with our competitors during and for a specified period after the engagement.
10. Dispute Resolution:
Both parties agree to negotiation, mediation, or arbitration before pursuing litigation.
11. Force Majeure:
Neither party is held liable for contractual obligations during unforeseen events beyond their control.
12. Data Protection and Security:
Measures are in place to protect client data in compliance with relevant regulations.
13. Service Levels:
Performance and uptime standards, if any, will be defined in individual contracts.
14. Modifications:
Changes to project or service scope will be communicated and managed as per individual contract terms.
15. Governing Law:
All agreements fall under Australian law.
16. Assignment and Delegation:
Software4Business reserves the right to delegate duties or assign rights to third parties or subcontractors.
17. Waivers:
Failures to enforce provisions do not act as waivers of those provisions.
18. Entire Agreement:
This document and individual contracts represent the entire understanding between both parties, superseding all prior communications.
19. Notification of Claims:
Software4Business must be informed of any claims via recorded delivery within 8 days of service delivery or goods provision.
20. Tax Responsibilities:
Clients in countries with withholding tax regulations are responsible for handling and paying such taxes. Software4Business is entitled to the full invoiced amount without any deductions.