Work Order & Service Agreement

*

*

This acknowledgement relates to work described in the Work Order & Service Agreement specified by the Quote Reference Number above. It is a condition by Lime Dezign that this contractual agreement and acknowledgement of the terms & conditions be signed and returned or confirmed via this form before work is commenced.  Please note that any additional changes made by the client that are not covered in the signed agreement may incur additional charges.

Term and Conditions
These Terms apply to the provision by Lime Dezign of the Work identified in the accompanying Service Agreement and/or Quote. The Client shall accept the Service Agreement and/or Quote and these Terms by signing the Service Agreement and/or Quote or instructing Lime Dezign to commence work.  From that point, the Service Agreement and/or Quote and these Terms will bind both Lime Dezign and the Client in accordance with the Laws of Queensland, Australia.

1. Completion and Payment

  1. Lime Dezign must complete the Work as described in the Service Agreement and/or Quote unless delayed by circumstances beyond Lime Dezign’s control or due to some act or omission on the part of the client.

  2. The Client must make Payments in the manner set out in the Service Agreement and/or Quote within 7 days of receipt of Lime Dezign’s Tax Invoice.

  3. Substantial variations to the Work or any additional work, including consequential adjustments to the Payment, shall be strictly as agreed in writing between Lime Dezign and the Client.

2. Copyright and Moral Rights

  1. Lime Dezign retains copyright in the Work and grants to the Client a non-exclusive Copyright Licence limited to the purpose/s and conditions described in the Service Agreement and/or Quote. No Copyright Licence is granted until Lime Dezign receives the full and final Payment.

  2. The Client shall be under no obligation to use the Work and must not sub-licence, assign or otherwise alienate any rights in the work without the written consent of Lime Dezign.

  3. Lime Dezign must be attributed as the creator of the Work in the manner specified in the Service Agreement and/or Quote.

  4. The Client is responsible for ensuring that all material supplied to Lime Dezign during a development is either copyright free or that the Client has the permission of the respective copyright owners to use the materials.

3. Warranty and Liability

  1. Lime Dezign warrants that the Work does not infringe any existing copyright, is of merchantable quality and fit for its purpose. Lime Dezign will refrain from incorporating elements derived from Indigenous cultural heritage into the Work without the informed consent of the traditional custodians.

  2. Lime Dezign’s liability for any breach of this contract is excluded to the maximum extent possible. Lime Dezign accepts no liability for any loss, damage, injury or death, regardless of the cause including negligence, arising from use of the Work.

  3. The client is responsible to conduct their own trademark and other clearance searches to ensure that any material supplied to Lime Dezign is available for use. The Client must obtain all necessary licences and consents to use any material that it supplies to Lime Dezign.  The Client agrees to indemnify Lime Dezign against any claims or proceedings brought against Lime Dezign arising from use of such material.

  4. Lime Dezign is not responsible for spamming, phishing or other unauthorised data transfer to or from the client’s website, or for loss or damage to clients data due to hacking of a website or other online system. Whilst services may be offered to reduce the risk of such occurrences, Lime Dezign cannot warrant against such and does not accept any liability or loss resulting thereby.

4. Termination and Disputes

  1. Within 7 days of a breach of this contract, the innocent party agrees to give written notice to the party in breach: identifying the breach; setting out a reasonable time for rectification to the party in breach; and stating the consequences of the failure to rectify the breach.

  2. Should the agreement be terminated as a consequence of the breach, the client must make outstanding Payments including payment on a pro rata basis for any work completed that has not yet been invoiced.

  3. Lime Dezign and Client agree to mediate disputes, in accordance with the rules of the Dispute resolution Centres of Queensland or any other mutually agreed mediator, prior to having recourse to litigation unless there is a need to seek urgent injunctive relief.

5. General

  1. Lime Dezign and the Client acknowledge that Lime Dezign is an independent contractor.

  2. The Client, or the Client’s Nominee, must provide Lime Dezign with reasonable assistance in the production of Work.

  3. The accompanying Service Agreement and/or Quote and these Terms constitute the entire agreement between Lime Dezign and the Client and any amendment to this agreement must be in writing.  Any Special Conditions specified in the Service Agreement and/or Quote form part of these Terms. If there is any inconsistency between these Terms and a Special Condition, the Special Condition Prevails.

.