TERMS AND CONDITIONS OF TRADE

The Offer of Service

In these Terms and conditions of trade ‘the Offer of Service’ refers to a written proposal or quotation submitted to the client by NTech Media which outlines items of proposed work and cost estimates for performing that work. The Offer of Service remains the property of NTech Media and, as such, its contents may not be disclosed by the client to any third party until such time as NTech Media receives the client’s signed approval to proceed with the project on the basis of the fees and terms outlined therein, nor may any original concepts devised by NTech Media for inclusion therein be commercially exploited by the client or any third party.

Commencement of work

By requesting or approving the commencement of any work by NTech Media the client agrees to all the terms and conditions herein.

NTech Media, hereafter referred to as ‘the Supplier’, has absolute discretion in the choice of tools, software, resources, procedures, contractors and staff used to perform the work, unless otherwise specified in the Offer of Service.

Scheduling - Missing The Start Date

The timing of the development of a solution is very important. NTech Media will endeavor to schedule your project according to your needs. For work to begin, we need to collect together all of the assets for your projects. Assets include text, pictures, possibly sound and video too.

Once work has been scheduled to begin, you will be given a Start Date by which All of the assets for your project and any other preparatory work that you need to do (such as setting up your server, where necessary) must be completed before the Start Date.

If the Start Date passes and NTech Media does not have sufficient assets to begin work as scheduled or any preparations that were your responsibility have not been completed as per NTech Media's instructions a Rescheduling Fee will be charged.

The Rescheduling Fee is 15% of the total estimated project cost is payable before the Start Date is rescheduled. No further work will be performed on your project until the fee is paid and a new Start Date is set.

Termination of work

The Supplier reserves the right to withdraw/terminate its service in relation to any work requested or approved by the client upon giving written notice to the client. Any outstanding fees, charges or expenses will become payable immediately to the Supplier.  The client will be liable to pay the agreed fee to the Supplier, in addition to any charges for excess work, authors alterations or incurred expenses, if works have commenced in accordance with the client's instructions but the client subsequently withdraws for whatever reason.

Payment

The client agrees to pay the invoiced amount within 14 days of the invoice date. If the work time exceeds 28 days in duration, the client agrees to payment of invoices based on the work done to date. For some projects (as specified in the Offer of Service) an initial deposit is required before work commences.

Unless otherwise agreed to in writing, first-time clients of the Supplier agree to final payment on delivery of goods. ‘Delivery of goods’ shall include, but not be limited to, electronic transfer/delivery of computer files.

All work remains the sole property of the Supplier until paid for in full. The Supplier is entitled to charge late-payment fees, currently at the rate of 4% per month, compounding monthly, on any amounts that remain unpaid after the due date. Work-in-progress may be stopped pending settlement of overdue accounts. If money is owed to the Supplier by a Pty Ltd company (or a trust with a corporate trustee), the directors of that company (or trustee) agree to personally guarantee the debts of their company (or trust).

Accepted methods of payment include: business cheque, bank cheque, cash, credit card (4% processing fee applies for VISA and MasterCard, 5% for AMEX) and direct deposit.

Liability

If money is owed to the Supplier by a Pty Ltd company (or a trust with a corporate trustee), the directors of that company (or trustee) agree to personally guarantee the debts of their company (or trust).

Review and Sign-Off

When work on your project is completed you will be asked to review the project and provide sign-off before your final invoice is rendered to you.

If sign-off or details of changes to be made is not received within 7 (seven) days the project will be considered completed and an invoice will be sent to you for payment.

Price variation

Cost estimates provided in the Offer of Service are subject to change after 30 days from the date of the Offer of Service to meet any rise or fall in the cost of materials and production. The Supplier will advise the client of any such changes before proceeding with the cost affected items of work.  Items of work may be listed and costed separately in the Offer of Service. This does not imply that an individual item of work can be removed from the Offer of Service without affecting the cost of other items (as some stages of a project will build upon the work completed in previous stages).

Excess work and authors alterations

If work or consultation undertaken by the Supplier exceeds that which is specified in the Offer of Service, or the client requests alteration to content (e.g. process) which was submitted by the client (or their agent, author or editor), or the client requests alteration to design concepts which were previously approved by the client, the client agrees to pay appropriate fees for the excess work, including all related time, material and production costs. Alterations to client supplied content or previously approved design concepts will appear on invoices as ‘author’s alterations’.

Billing Display

NTech Media's standard billing format is a summary format. If detailed itemisation is required, this may be provided upon request in our default format.

Should you require any special billing output, this can be arranged for you on a chargeable basis.

Incidental expenses

The cost of materials and other incidental expenses reasonably incurred by the Supplier in the provision of its services to the client may be charged in addition to the cost estimates provided in the Offer of Service. These costs may include, but are not limited to, courier deliveries, postage, computer printouts, faxes and phone calls.

GST

The Supplier is registered for the Australian GST (Goods and Services Tax).

Liability

While every endeavor is made to ensure a perfect job, the client accepts full responsibility to check all work prior to production and release. No liability is accepted by the Supplier for any error, howsoever caused, once proofs have been approved by the client or their agent or representative.

Property with a total combined replacement value of over $100 and all non-replaceable items which are supplied to the Supplier by or on behalf of the client shall, while they are in the possession of the Supplier or in transit to or from the client, be deemed to be at the client’s risk unless otherwise agreed to in writing, and the client shall insure accordingly. The client agrees that in the event of loss or damage to replaceable items with a total combined replacement value of $100 or less, or in the event of loss or damage to any data or information contained therein, whether or not caused by the Supplier, the liability of the Supplier will be limited to the return of blank media equivalent to media submitted by the client.

The Supplier and its employees and agents shall, to the extent permitted by law, have no liability to the client or any third party in respect of any direct, indirect or consequential loss, damage, cost or injury arising out of, or in connection with, the provision of the Supplier’s services or for any inaccuracy or omission in information supplied to, or accessed by, the client. ‘Consequential loss’ shall include, but not be limited to, loss of profit or goodwill and payment made or due to any third party.

Intellectual property

The client accepts full responsibility to ensure that all work and materials provided by the client may be lawfully used by the Supplier without infringing upon the rights of others including any copyright, trade secret, patent or trade mark rights of any third party.

The client agrees to indemnify the Supplier in respect of any loss, damage, cost or injury arising out of any claim made against the Supplier in relation to material or information provided by the client in which intellectual property rights subsist.

Under the terms of the Copyright Act, the Supplier shall maintain ownership of all copyrights and other intellectual property rights in all work created in the course of the provision of its services unless the sale and transfer of those rights is explicitly agreed to in writing and signed by the owner of those rights. If copyright is sold to the client, the Supplier maintains moral rights in the work and may object to any distortion, mutilation and modification of that work, and the client agrees to grant the Supplier a licence to use the work for the purpose of self-promotion.

Where NTech Media provides you with a quotation or proposal, the copyright in these documents belongs to NTech Media. You can duplicate and distribute those materials so that you and others in your organisation may review and assess them, but you can do this only for as long as the quotation or proposal remains valid. If you wish to distribute these documents after they have expired, you must request revised versions from NTech Media.

Your use of any software provided by NTech Media is for the specific project or implementation commissioned by you and performed by NTech Media. It does not entitle you to modify (in part or in anyway) assign or sell any materials or resell the software to any third party or pass or supply the software or materials developed by NTech Media to any other party.

Artwork files

All artwork files prepared for the purpose of outputting printed work, and all working files created by the Supplier in the provision of its services to the client, remain the property of the Supplier.  This clause only relates to materials created by NTech Media and not to materials that the client has developed independently themselves.

Confidentiality

It is agreed that employees of the Supplier should not at any time, either during the continuance of the work outlined in the Offer of Service or thereafter, except in the course of their duties, divulge any of the confidential affairs of the client or any of its clients or associated companies to anyone without the previous consent of the client.

Amendments to these Terms and conditions of trade

All and any amendments to the terms and conditions outlined herein must be provided in writing by the client and signed by an authorised representative of the Supplier before the commencement of work.