These conditions of White Peak Digital apply to the exclusion of any terms or conditions of the Customer. No variation of these conditions will be binding on White Peak Digital or form part of any contract unless expressly accepted by White Peak Digital in writing.
White Peak Digital will usually attempt to estimate a price. Where possible a full brief, preferably in writing should be supplied by the Customer to White Peak Digital before such an estimate can be prepared.
Delays may also result in the following circumstances:
3. Cost Variations
All prices quoted are, in the absence of specific written agreement to the contrary, estimated only. White Peak Digital quotations for work are based upon projected working hours at the current studio rate, plus materials, and are subject to amendment on or after acceptance to meet any rise or fall in such rates or material costs. Any increased charges or costs arising from alterations or additions to contractual specifications or to work previously approved, may be charged to the Customer. Other expenditure such as material sub-contracted on behalf of the Customer will be quoted separately.
4. Consequential Loss
White Peak Digital shall not be liable for any loss or damage, whether direct or consequential, which is or may be occasioned to the Customer or to any person with whom he is in contractual relations which is in any way attributable to any delay in performance or completion of any contract between White Peak Digital and the Customer, however that delay arises.
5. Customer’s Property
All intellectual property rights in any material supplied to us by the Customer to assist us in our services remains vested in the Customer and/or its licensors and partners. On completion of the project all material including graphic design, database data, app layout and app content remain the property of the Customer.
Any materials created by White Peak Digital along with the Components, Modules, Original Graphic Design files and software supplied by White Peak Digital remains the property of White Peak Digital and is licensed to the Customer for their use. The copyright that is created or licensed may not be resold, rented, leased or used for any other means other than its intended use. White Peak Digital reserves the right to link your application back to White Peak Digital.
6. Initial Work
Work produced, whether experimentally or otherwise, at Customer request will be charged for unless otherwise agreed in writing. If the Customer wishes to terminate an order at this stage, a termination invoice will be drawn up charging for time and materials up to this point.
Final demonstrations will be presented by White Peak Digital to the Customer for approval prior to publishing. When approval is given by the Customer in the form of a signature upon our approval stamp, they are assumed by White Peak Digital to have studied all aspects of the material presented and to be satisfied with them, noting any exceptions in writing.
It is expected that the customer has tested the material in full (User Acceptance Testing) before hand over and that the customer understands that any changes required to be made to the material after hand over will be charged at applicable rates. The customer will have 60 days after hand over to notify White Peak Digital of any implementation mistakes or errors and at this time should notify White Peak Digital in writing. After 60 days any changes, regardless of error, will be charged at our hourly rate.
White Peak Digital makes no warranties for development that has been tested and has been proven to work at the time of hand over and then has stopped working due to circumstances beyond our control. This may include changes to software, plugins, hardware, hosting services, Internet browsers, updates, operating systems and other third party products.
10. In the event that
The Customer shall not submit for use by White Peak Digital anything whose use would constitute an unauthorised dealing with copyright material. In the event of any breach of this condition resulting in such an unauthorised dealing, the Customer shall remain liable to pay all sums due to White Peak Digital under the relevant contract and shall further indemnify White Peak Digital against any loss, costs or expenses attributable to such unauthorised dealing.
It will be assumed all content put into the application is proofed by the client before the application is launched and any changes can be made by the client before the application is launched. Please note that there is a longer turnaround time for Apple app updates than for website updates, due to the process of approval required through the Apple App Store.
All copyright and other intellectual property rights in any work created, commissioned or otherwise acquired by White Peak Digital in implementation of any contract between White Peak Digital and the Customer shall remain with White Peak Digital until full payment has been received. For the purposes of these conditions, WORK means and includes any programming, development, graphic design, web design, artistic, literary or dramatic work within the meaning of the (amended) Copyright.
Ownership of any work delivered to the Customer under any contract between White Peak Digital and the Customer, or of any other goods delivered under any such contract, shall not pass to the Customer until payment in full of all sums due to White Peak Digital under such contract has been made to White Peak Digital. The risk of damage to or destruction of any item delivered by White Peak Digital to the Customer shall pass to the Customer upon delivery, notwithstanding that ownership of the item has not then passed, and the Customer shall ensure that such item is adequately insured from time of delivery.
Intellectual Property shall only pass to the customer when payment has been received in full.
Payments are to be made at the commencement of each stage. The full balance is to be settled within 7 days after each invoice.
14. Payment (Maintenance)
Maintenance rates will become effective if one of the following is met:
Prices quoted by White Peak Digital are exclusive of GST which will, where appropriate, be payable by the Customers. White Peak Digital reserves the right to charge accumulating administration fees to any overdue accounts past 90 days. If payment is not met within 30 days White Peak Digital will suspend your application activity until the balance is paid.
Failure by the Customer to meet financial obligations may result in legal proceedings by White Peak Digital under which circumstances all legal costs and other administrative expenses will be recoverable in full by White Peak Digital.
17. Sub Contracting
White Peak Digital may employ any person, company or firm as a sub-contractor for the development or provision of any item in accordance with any original specification or other work produced by White Peak Digital for the Customer.
18. Changes to Terms and Conditions
White Peak Digital has the right to amend the terms and conditions as required, and that any changes will affect all current and future clients
Last Revised December 2019
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