Services: Any task or series of tasks performed by the Developer on request from the Client, or as part of fulfilling a request from the Client.
Product: Any code, images, markup, scripts, content, documentation created by the Developer while performing Services.
Intangibles: Knowledge about solutions to problems, methods, or designs.
Rate: Services shall be billed to the Client at the rate of $60 per hour. Rate for Australian Clients is in Australian Dollars, exclusive of GST. Rate for non-Australian Clients is in USD. Rate is valid for 3 months from the date of this contract.
Payment: The Client shall send payment to the Developer within 14 days of receiving an invoice.
Billable Time: All time spent performing Services and communicating with the Client is billable.
Expenses: The Client shall reimburse the Developer for all expenses arising from this assignment, including but not limited to Software Licenses, Stock Photography, Artwork, and or material needed for the project.
Copyright: Copyright of all Products created while performing Services for the Client will be transferred to the Client upon receipt of payment in full.
Intangible Property: The Developer retains ownership of all Intangibles gained by the Developer (that are not previously owned by the Client) while providing Services.
Limitation of Liability: The Services and Product of the Developer are sold "as is." In all circumstances, the maximum liability of the Developer to the Client for damages for any and all causes whatsoever, and the Client's maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net profit of the Developer. In no event shall the Developer be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by the Developer, even if the Developer has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
Changes: Either party may request to modify the terms of this contract at any time. When both parties consent to new terms and a new contract is signed, this contract is terminated immediately.
Termination: If either party wishes to terminate this contract, they must notify the other party at least 14 days prior to termination. This contract may only be terminated after all outstanding invoices have been paid in full.