Terms & COnditions
Below are the BE FOUND standard terms and conditions. It is vital that you, referred to as “The Client”, please take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with BE FOUND.
Please also note that from time to time BE FOUND may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms and conditions in this document.
Commencement of work
Agreement to work with, and submission of a payment of deposit to BE FOUND constitutes agreement to these terms and conditions.
Payment Terms
“The Client” agrees to pay a 50% deposit of the quoted amount to commence any project, with the balance payable prior to delivery. Once research, resources allocated or work has commenced, this deposit is non-refundable. In the case of a change of mind by “The Client” this deposit is non-refundable. BE FOUND endeavours to provide services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by “The Client”, the initial 50% deposit is forfeited, plus a prorata payment based upon the time spent.
If the work time exceeds 4 calendar weeks in duration, “The Client”agrees to a progress payment of 50% of the balance per month until the conclusion of the project, with any outstanding amount payable in full upon delivery.
Accounts which remain outstanding for 14 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding. If you are having difficulty paying your invoice, please get in touch as soon as you are aware of the issue, so we can discuss a solution that works for your company.
Work Samples
“The Client” also agrees to allow BE FOUND to showcase any/all work created in the course of a project as part of BE FOUND portfolio. BE FOUND acknowledges the confidential nature of projects and agrees to only display project work once product/site has been publicly launched/commences.
Force Majeure
BE FOUND shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of BE FOUND. Including but not limited to war, natural disasters, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
Excess Work
This is defined as any work involving additions to the list of items defined in the Estimate of Services after sign off by an authorised representative of “The Client”. From time to time “The Client” will require extra requirements during a project, or extra files upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the original estimate. If the client wishes these alterations to be made they must agree in writing, and a fee of $70 (plus GST if applicable) per hour will be payable.
Should additional work not initially quoted for be requested during the process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of product. Publication and/or release of work performed on behalf of the client by “BE FOUND” may not take place before cleared funds have been received. Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the contract is terminated by the client, after work has commenced.
Liability & Litigation
It is agreed that all work and materials provided for “The Client”by “BE FOUND” will be free and clear of all liens and encumbrances and may be lawfully used by “The Client” without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party. It is agreed that “BE FOUND” indemnify and hold “The Client” harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of “The Client” or its employees, and it is agreed that we shall notify “The Client” in writing of full details of any such claim.
Under no circumstances shall BE FOUND be liable to “The Client” for an indirect or consequential loss suffered by “The Client” relying on the information included in the supplies prepared by BE FOUND including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the supplies only, not to include claims for delays, out of sequence working, non productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
FEES FOR SERVICE
It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, “The Client” agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. Where ever possible the client will be notified of increases in the scope of the project.
Goodwill
This proposal assumes goodwill from both BE FOUND and “The Client” regarding:
What can reasonably be achieved in a given time frame making best use of resources to achieve the most effective outcomes.
Credit
“The Client” agrees to allow “BE FOUND” to place a small credit on printed material exhibition displays, advertisements and/or a BE FOUND on the “Client” website. This will be in the form of a small logo or line of text placed towards the bottom of the page.
International Work
Some of BE FOUND’S clients come from outside Australia. Being a niche market we are global specialists in business development as such create work across the world, using contemporary communication methods such as Skype, Drop Box, Hightail, email and chat, along with the more traditional devices such as telephone.
Termination Policy
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to BE FOUND. This is to cover administration time spent, resources purchased and allocated, research time and administration costs. If the project is more than 50% completed (this is determined by BE FOUND and the client by negotiation) a prorata payment is payable for time spent up until cancellation notice, at an hourly rate of $150 per hour plus GST.
If a project is cancelled by BE FOUND, due to unforseen circumstances, the deposit will be refunded in full to the client in a timely manner. In the event of cancellation of the project by the client, ownership of all copyrights and the original work and disks shall be returned and retained by BE FOUND.
Confidentiality
It is agreed that employees of “BE FOUND” shall not at any time either during the continuance of the work outlined 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 whatsoever without the previous consent in writing of “The Client”.
Late payments & default
Accounts which are not paid within 15 days will incur a late administration fee of $20 + GST. Accounts which remain outstanding for 30 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding.
An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or “the client” has stated expressly that they do not intend to pay an invoice by “BE FOUND”, unless prior arrangements have been made. “BE FOUND” shall at it’s sole discretion suspend any and all services provided to the client by “BE FOUND” or it’s subsidiaries (including but not limited to hosting, websites designed files, concepts, artwork, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid accounts due for services ordered, including, but not limited to design, hosting, domain registration, search engine submission, maintenance, sub-contractors, printers, photographers and libraries plus bank interest calculated daily for each day payment is overdue.
Suspension of such services does not relieve the client of it’s obligation to pay the due amount. Files on external servers, such as hosted e-commerce solutions will be removed and held until payment is made or for 30 days until the client has paid for their invoices in full.
“The Client” whose account is in default agree to pay “BE FOUND” reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
“BE FOUND” retains all copyright for work performed until full project costs have been paid. “BE FOUND” reserves the right to reuse or resell work undertaken in the case of payment default.
“BE FOUND” accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, as a result of non-payment and “The Client” will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases.