The provision of services by Connect Content and the use of information, graphics and material as part of these services, is subject to the following terms and conditions, as well as any notices, disclaimers or other statements contained on the Connect Content website.
These terms and conditions form part of the agreement between you and Connect Content in regards to your engagement of Connect Content (“the Engagement”).
These terms and conditions may be modified at any time by Connect Content and you agree to continue to be bound by these terms and conditions as modified.
Notice of these changes will be published on the Connect Content website and will not be separately notified to you.
Confirmation of Engagement
Prior to the commencement of any project, a client must confirm in writing the Engagement of Connect Content.
This confirmation may be done by email or post confirming:
the scope of the services and content to be provided by Connect Content (“the scope of works”);
the time frame for the scope of works to be completed; if the client wishes to enter a retainer with Connect Content, the terms of this retainer;
the client’s acceptance of the quote and terms and payment;
that the client accepts and agrees to be bound by these terms and conditions.
2.1 Copyright in the content created by Connect Content pursuant to the Engagement will be held by Connect Content up until final payment is made by the client and received by Connect Content.
2.2 The client may not reproduce, alter or redistribute any material produced by Connect Content until payment has been received by Connect Content.
2.3 Once copyright has been transferred to the client, Connect Content will retain rights to use all or a portion of the material for promotional purposes.
2.4 In the event that the Engagement is cancelled or terminated for whatever reason, all copyright in the material created will vest in Connect Content regardless of any interimpayment made.
Terms of Payment
The fee for the scope of works to be provided shall be the fee specified in the written quotation by Connect Content.
Quotations are provided on the basis of expected hours to complete the scope of works. Connect Content reserves the right to alter the quoted fee in the event that the client’s order is varied, or to take into account any extra time required to complete the scope of works.
The client is entitled to two free amendments to the first draft of any content provided as part of the scope of works. Any further amendments will be charged at Connect Content’s current hourly rate.
Payment is required as follows:
Upon acceptance of the scope of works, a non-refundable deposit of 50% of the fee is required to be paid before work can commence;
To keep everything on track, full payment is due fourteen days after completion of the first draft. Upon completion of the scope of works, the balance is due and payable and payment terms are strictly fourteen days.
Payment of the fee may be made by cash, company cheque, bank cheque, credit card, direct credit, letter of credit or by any other method as agreed to between Connect Content and the client.
Where the scope of services provides for a monthly retainer, the payment of the agreed fee must be paid on the 1st of every month.
Acceptance by Connect Content of payment of a sum less than the full sum due to Connect Content will not be an acknowledgment of payment in full or an accord and satisfaction and will not prejudice Connect Content’s rights to recover the balance due or to pursue any other remedy in respect of unpaid money.
Default and Consequences of Default
4.1 If the client defaults in payment of any invoice when due, the client shall indemnify Connect Content from and against all costs and disbursements incurred by Connect Content in pursuing the debt including legal costs on a solicitor and own client basis and Connect Content’s collection agency costs.
4.2 Interest in overdue invoices shall accrue daily from the date when payment becomes due until the date of payment at the interest rate fixed from time to time by the New South Wales Office of State Revenue.
4.3 Connect Content may suspend or terminate all engagements with the client and any of its other obligations under these terms and conditions until payment is received.
5.1 In the event that the client wants to cancel or rejects the work done by Connect Content , the client will be liable to pay the full cost of the initial quotation or estimate provided. Normal payment terms will apply.
One month’s notice must be provided for cancellation of a retainer.
6. Limitation of liability
6.1 To the maximum extent permissible by law, Connect Content and its directors and employees are and will not be liable in any way for any loss, damage, liability, claims and expenses (including legal costs and defence or settlement costs whatsoever, whether direct or indirect, consequential, financial or non-financial) suffered by the client or by a third party arising in any way from the scope of work provided by Connect Content, howsoever caused whether in contract, tort (including negligence), statute or otherwise.
6.2 The client bears all responsibility in regards to any typographical, grammatical or factual errors in relation to the content created by Connect Content. The client may and should consult a proofreader to oversee any content created by Connect Content before production.
6.3 The client bears all responsibility to ensure any applicable requirements and consent are obtained when reproducing or distributing any content to a third party.
7.1 The client will indemnify Connect Content in respect of any liability suffered by Connect Content for any loss, damage, liability, claim and expense (including legal costs and defence or settlement costs whatsoever, whether direct or indirect, consequential, financial or non-financial) howsoever caused, suffered by Connect Content as a result of its breach of the Connect Content Terms and Conditions.
8.1 Connect Content agrees to keep all information acquired from the client confidential.
8.2 This confidentiality will continue to exist after the project is completed, however Connect Content will not be liable for any accidental or inadvertent disclosure or loss of information.
Unless otherwise stated, the services and content provided by Connect Content will be solely for the client and not for any other third party.
Connect Content accepts no liability or responsibility for content, material, information or advice acquired by third parties outside the Engagement.
These terms and conditions are governed by the law in force in the State of New South Wales.
Both the client and Connect Content agree to be bound by the jurisdiction of New South Wales
These terms and conditions (together with the acceptance of the commission of services, any written quotation, work authorization or other form provided by Connect Content and the client) form the entire agreement between Connect Content and the client.
All conversations, representations and statements not confirmed in writing by Connect Content are expressly excluded and shall not be deemed to be party of any quotation, invoice, order, agreement or contract, or to have included in the order for the content, or to have any legal effect whatsoever.