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Terms & Conditions
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 LUCID NI will provide you with the services set out in your confirmed Purchase Order.
Only those services mentioned will be provided by LUCID NI and any amendments, add ons or
schedule changes must be agreed to in writing. This and the following clauses are the General
terms and conditions on which those services are supplied and together with the Purchase Order
and Fee Schedule form the total agreement between us.
Costs and Payments
You must pay all charges as set out in the Purchase Order.
As prices quoted on LUCID NI material may change at any time without notice, please check the price
on your Purchase Order before confirmation. Cost estimates are only valid for a period of 30 days.
Before LUCID NI commences work on any project you must pay a
deposit set at the time of agreement. The deposit is non-refundable.
You will remain liable for all fees during any period when Services
have been discontinued or suspended due to a failure on your part to comply with these terms and conditions.
You will be invoiced as agreed in your purchase order. All accounts are
payable within 10 days of invoice.
You are liable to pay overdue interest at 5%/week on any amounts not paid
within 10 days of invoice, 10%/week in case of web hosting. All intellectual property rights remain with LUCID NI
until payment.
You must pay LUCID NI's charges without any set off, counter claim or
deduction unless same is agreed in writing between us.
LUCID NI reserves the right to prioritize early paying clients and to
charge urgency fees for turnaround within 3 working days. (VIP status)
Agreed Costing is conditional on your supplying data required for a Website
Stage or completion deadline agreed within 10 working days of confirmation of Order. LUCID NI reserves the right
to revise costings if that condition is not met in line with charges applying at the relevant time.
No final artwork or files will be delivered until final invoices are paid in
full. Payment by cheque will entail waiting for clearance before supply of files. Delivery being :Supply of final
artwork digital files to printer, on disk, via email or uploaded to nominated ISP. Construction files remain the
property of LUCID NI unless arranged otherwise.
Printer or ISP Liaison is charged at our current rate per hour.
Limitation of Liability
All terms conditions, warranties, undertakings inducements and representations,
whether express or implied, statutory or otherwise relating to the provision of services by LUCID NI not contained
in the Agreement are excluded and LUCID NI WILL NOT ACCEPT LIABILITY FOR ANY LOSS OR DAMAGE (INCLUDING CONSEQUENTIAL
LOSS OR DAMAGE) HOWEVER CAUSED (WHETHER BY NEGLIGENCE OR OTHERWISE) WHICH MAY BE SUFFERED OR INCURRED OR WHICH MAY
ARISE DIRECTLY OR INDIRECTLY with respect to the service.
Where any applicable legislation implies any term, condition or warranty into
the Agreement or in respect of LUCID NI's relationship with you, or otherwise gives you a particular remedy against
LUCID NI and the legislation or any other legislation renders void or prohibits provisions excluding or modifying
the application of, exercise of, or liability under such implied term, condition, warranty or remedy will be deemed
to be included in the Agreement or as the case may require apply to the relationship between LUCID NI and you.
However, LUCID NI's liability for any such breach of such implied term, condition or warranty or under such remedy,
will be limited, at LUCID NI's option, in any one or more of the ways permitted in that legislation, including,
where so permitted if the breach relates to Services the supplying of those services again or the payment of the cost
of having those Services supplied again.
You acknowledge that web sites cannot be guaranteed to be 100% error free in
construction and/or 100% secure, and acknowledge that the existence of errors falling short of a complete failure of
consideration in the site shall not constitute a reason to terminate this agreement.
Suspension of Services
LUCID NI reserves the right to suspend services in any case where you fail
to perform your obligations under this agreement. If payment for services is not received within the terms of payment
stipulated by us websites may be taken down until payment is confirmed.
LUCID NI may from time to time and without notice or liability to you suspend
any of the services if the reason for doing same is an event beyond the reasonable control of LUCID NI.
Termination
LUCID NI may discontinue services if an amount payable to LUCID NI is
overdue or take down a website permanently in any case where an amount payable is overdue by more than 10 days.
In any such event, you remain liable for the total cost of the contract including all disbursements; unless otherwise
agreed between the parties.
Contents of Web Pages and Undertakings
You will be solely responsible for the content of your Web Page/undertakings.
LUCID NI is not responsible for proofreading any content unless specifically agreed.
LUCID NI makes no representations to you concerning the content or
functionality of your Web Site. This is your responsibility to ensure that it meets your requirements.
If you provide LUCID NI with goods, material, photographs, film, data or
information to be used in any form, you hereby warrant that these do not infringe the rights of third parties and
indemnify LUCID NI against any action taken against LUCID NI by any such third party.
Without limiting the generality of the foregoing, you agree not to infringe
the copyright trademark, privacy or personal or proprietary rights of third parties, supply libelous, abusive,
obscene material or disparage the products or services of any third party.
LUCID NI for its part hereby undertakes not to knowingly infringe the rights
of third parties in activities conducted on your behalf.
You are solely responsible for dealing with persons who access your data or
webpage and warrant that you will not refer complaints or inquiries in relation to such data to us.
Technical Support, Changes and Maintenance
Technical assistance via telephone or e-mail will be offered.
Extensive queries taking more than 15 minutes to deal with or site maintenance will be charged at hourly rates.
Technical assistance on-site will be offered and will be charged at hourly rate.
Transportation fees will also be charged on hourly rate where applicable, otherwise as agreed.
Web Hosting
If you choose to organise your web hosting arrangements yourself,
final exported sites will be uploaded to your preferred host company or supplied on disk to you at the cost agreed
at time of purchase.
Please note that LUCID NI accepts no responsibility for delays or down time,
breakdowns or data loss caused by Internet Service Providers (ISPs).
Dispute Resolution
The parties agree that if any dispute should arise under this agreement,
attempts in good faith by both parties will be made to resolve the matter fairly before resorting to court procedures.
In doing so, each party agrees to use its best endeavors to:
 Clearly communicate in writing the background facts leading to or causing the dispute
Set out clearly what action is required to settle the dispute
Select a way of resolving the dispute and explain why that way of resolving the dispute can be said to
be a fair resolution
Discuss specific means of avoiding such disputes in the future
Attempts to resolve the dispute must follow the following procedure:
The person complaining shall set out in writing the background, the issues and the outcome desired.
The person to whom the complaint is addressed will reply in writing within 10 business days to each issue in
dispute setting out its perspective on the issue and the outcome desired.
If the dispute is not resolved in accordance with this exchange of written issues and outcomes, then the
complainant will raise the matter with a neutral professional adviser or Alternative Dispute Resolution (ADR)
provider listed in a relevant publication of the Department of Workplace Relations and Small Business or similar
government department within 10 business days.
If the dispute is not resolved in accordance with such reference, the matter shall be referred to a single
agreed arbitrator within 10 business days; whose decision shall be final.
In the case of disagreement on the appointment of a single arbitrator, then the parties shall be entitled to
nominate one independent arbitrator with 10 days of disagreement and a coin will be tossed by an independent person
to decide which will act as arbitrator of the dispute.
Action taken to settle the dispute at each stage must be undertaken promptly and the parties shall equally share
the costs associated with the dispute settlement procedure.
Intellectual Property
All creation files remain the property of LUCID NI.
LUCID NI retains the Copyright in and the right to use all artwork created in
advancing the profile of LUCID NI and to be recognized for artwork created by LUCID NI.
LUCID NI shall be free to reproduce, use, disclose display exhibit, transmit,
perform, create derivative works, and distribute any item from your Web Page unless specifically agreed otherwise.
Further, LUCID NI shall be free to use any ideas concepts know-how or techniques acquired in construction of sites
for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and other
items incorporating such information unless specifically agreed otherwise.
LUCID NI observes Privacy Laws and Guidelines relating to personal data.
General
If any of these terms and conditions (or part of them) is void or unenforceable,
it is taken to be removed and no longer forms part of the Agreement between us. The remaining terms and conditions
remain in full force and effect.
Written communications between us may take the form of letters, formal
documents, faxes or emails.
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