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Application
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General Conditions apply to all work performed by MGnet Technology
including the development of CD-ROMs, HTML Newsletters and other
internet and multimedia products and services.
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Performance
of Work – MGnet Technology
is an independent contractor in regard to all work performed and does
not perform work on a “work for hire” basis. MGnet Technology
reserves the right to sub-contract highly specialized tasks to
appropriately qualified specialist programmers or service providers at
its sole discretion.
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Client
Content – It is the
client’s responsibility to provide all descriptive copy, text,
images and other content. Client content can be provided as
printed material, photographs or PC compatible computer files.
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Copyright
The client retains copyright
of all content provided to MGnet Technology.
The client will own layout and design, graphics and other material
visible to a Web Browser developed in connection with the client’s
web site.
MGnet Technology reserves the right to make demonstration copies of
the web site and to reproduce components of the web site for its own
promotional purposes.
MGnet Technology retains ownership of discrete design elements,
scripting, and software and reserves the right to use them on other
projects.
MGnet Technology grants a non-exclusive, non-transferable, perpetual
and royalty free license to the client for all software and scripting
that forms part of the web site.
MGnet Technology may revoke this license at any time if the client
engages in any Internet related activity that breaches the Code of
Practice of the Internet Industry Association of Australia as
published on the IIA web site at www.iia.net.au.
MGnet Technology and the client both assert ownership of all
intellectual property provided for use in the development of the web
site and indemnify each other accordingly.
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Credits
and Acknowledgements
The client
agrees to MGnet Technology placing a discrete developers credit at the
foot of the opening page with a link to the MGnet Technology web site
in accordance with accepted industry practice.
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Domain
Names
The client
owns all Domain Names registered by MGnet Technology on behalf of the
client.
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Acceptance
and Deadlines
MGnet
Technology will publish a “draft” version of the web site by the
agreed date, including user interface, internal links, and other
components necessary to demonstrate the overall layout and appearance
of the site including how users will navigate the site.
The client agrees to advise MGnet Technology of acceptance or to
provide details of changes required within 7 days.
This review and adjustment process may be applied to discrete stages
of the web site’s development.
If the client
does not give notice of rejection within 7 days, the draft design will
be deemed to be accepted.
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Payment
A deposit of
20% of the total value of the project or $400, whichever is the
greater, is to be paid prior to work commencing.
MGnet Technology will submit invoices detailing work completed to date
for progress payments where agreed to.
Payment must be made within 7 days of receipt of invoice.
If payment is not received by the due date, work will be suspended
until payment is made.
If payment is not received by the due date for on going costs, the web
site will be deactivated and will not be accessible on the Internet.
A reactivation fee of $110 together with all outstanding fees must be
paid before the web site will be reactivated.
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Termination
Either party may
terminate the web site development after three failed attempts of
acceptance in accordance with Clause 7, in which event the Client will
forfeit the deposit paid and MGnet Technology will have no claim for work
completed to the date of termination.MGnet Technology may terminate the web site development at its sole
discretion if payments are not made by the due date.
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Warranty
All work will be
carried out by people with appropriate qualifications and experience and
will conform to accepted industry standards.
MGnet Technology warrants that the web site will be of high quality
and free of defects in materials and workmanship for a period of one year
after the date of acceptance of the final version by the client.
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Unsolicited Email (SPAM)
MGnet Technology
does not support the practice, commonly known as SPAM, of sending bulk
unsolicited email to recipients who have had no prior dealings with the
sender.
MGnet Technology reserves the right to discontinue services to clients
engaging in this activity.
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IIA Code of Practice
The client agrees
to conform to the Code of Practice of the Internet Industry Association of
Australia as published on the IIA web site at www.iia.net.au
in regard to all Internet related activity.
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Confidentiality
MGnet Technology
undertakes to maintain the confidentiality of any proprietary information
about the client
