Terms & Conditions
This contract is governed by the laws of NSW, Australia.
Limited Liability
In no event shall iTechFoucs or its suppliers be liable for any accidental, consequential, incidental or indirect damages of any kind (including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or of the inability to use the software. In no event shall iTechFoucs's liability for any claims whether in contract, tort or other theory of liability exceed the purchase price of the subject products or services, unless such limitation of liability is otherwise prohibited by law.
Copyright
Materials on this site are protected by copyright. All copyright in the materials on this site (including but not limited to any images, photographs, animations, video, audio, and text incorporated into the product) is vested in iTechFoucs, unless specifically notified to the contrary. This copyright notice must be retained in respect of these materials and any reproduction of these materials at all times. Apart from any use as permitted under the Copyright Act 1968 all other rights are reserved. Without limitation, you must not license, sell, hire, transmit over open networks or otherwise distribute these materials to persons outside of your organisation for any purpose whatsoever. Requests for further authorisation should be directed to iTechFoucs.
Warranty
iTechFoucs is not liable for any equipment failures be it iTechFoucs's equipment or equipment on the Client site.While iTechFoucs endeavours to have all its hardware virus-free, the Client is expected to have current virus protection, and iTechFoucs is not liable for any accidental infection of the Client's hardware.No warranty applies to work done on an hourly basis. Limited 21 days warranty begins upon delivery of any fixed price component. A product issued within the fixed price component is covered by the warranty where:The application displays data inconsistent with the specified business rules; orThe application is missing functionality specified in the specification; orThe design/layout is substantially inconsistent with the agreed mock-ups
Source Code Ownership
The copyright in the applications developed by iTechFoucs pursuant to this Agreement, other than in the Retained Software, shall vest in the Client on acceptance. "Retained Software" includes any software of a generic nature used or developed by iTechFoucs during the course of this Agreement including the iTechFoucs Framework or the iTechFoucs Toolkit. The copyright and all other intellectual property rights in the Retained Software vest in iTechFoucs. iTechFoucs grants a non-exclusive, transferable, perpetual Australian right and license to use, deploy and modify the software comprising the Retained Software within the Client's group of companies for the Client's own internal purposes. iTechFoucs reserves the right to use in any way it thinks fit, including in the development of software for third parties, any programming tools, skills or techniques acquired by iTechFoucs in the course of this Agreement.
Terms of Engagement
Work requested by the Client (including employees or representatives of the Client), in written, electronic, or verbal form, is authorized by the Client. If any hourly job is cancelled by the Client after commencement, iTechFoucs will charge for all hours up to that point in time. If any fixed price job is cancelled by the Client, iTechFoucs will retain the initial fifty percent of pre-paid value. Any further hours completed will be charged to the Client as a proportion of the quoted price based on hours completed to that point in time.iTechFoucs reserves the right to terminate any previously agreed project specification for fixed price work without prior notice. iTechFoucs will charge on a pro-rata basis for any work completed. iTechFoucs reserves the right to terminate any ongoing service contract.iTechFoucs may choose to estimate the completion date of a project. While we will endeavour to meet all deadlines, we do not offer any guarantees, and iTechFoucs is not liable for losses suffered due to a project being completed after the estimated completion date.
Employee poaching
Direct or uninvited solicitation of an iTechFoucs employee by the Client is prohibited unless authorized in writing by iTechFoucs. The Client warrants that should the Client solicit the employee, thereby breaching the prohibition, the Client will pay damages to iTechFoucs of an amount proportionate to 50% +GST of the total remuneration package offered to the employee plus liquidated damages of 4 (four) weeks pay +GST of the total remuneration package.
Finance
All prices quoted whether on an hourly basis or a fixed price basis are exclusive of GST unless otherwise stated. In addition to the amounts quoted the Client must pay GST on those amounts (if applicable). This will increase the quoted price by 10%. GST is payable by you at the same time as the Client pays the iTechFoucs invoice.
iTechFoucs reserves the right to charge interest on all overdue accounts (including fees and disbursements) at a rate of 12% per annum compounded daily. Overdue accounts are deemed to be those accounts that remain unpaid after 7 days from the date of invoice for services or products provided by iTechFoucs.All payments over $1,000 made by credit card incur a 2.5% surcharge. This is to reflect the cost of fees charged for credit card transactions. When using a credit card, the invoices cannot be split for payment. iTechFoucs retains the right to store credit card details on file.
Severability
Each of the above clauses is severable and is enforceable separately. If one or more clauses are deemed unenforceable, this does not affect the validity of the rest of the contract.