Last updated: 3 June 2016
Welcome to CrocodileMarketing.com.au - Crocodile Marketing Pty Ltd provide content marketing and digital marketing services to you subject to the following conditions. If you visit or use services at Crocodile Marketing, you accept these conditions. Please read them carefully. In addition, when you use any current or future Crocodile Marketing service (e.g., Content writing, email marketing, digital marketing, marketing analysis or other marketing services) you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such services.
The following agreement and terms and conditions apply to the services provided by Crocodile Marketing Pty Ltd. (“Project”) offered by Crocodile Marketing Pty Ltd (“Crocodile”) to client name list on the first page of this proposal. (“Client”).
- Agreement and authorization to perform services. Client’s purchase of the above-described project shall constitute Client’s agreement to be bound by the terms and conditions of the Agreement and the project and shall authorize Crocodile to perform the services in accordance with this Agreement and the Project.
- Pricing and payment. The Price to perform the Project contemplated by this agreement is identified within the above proposal
- Lost, altered and unauthorized access of computer files. Crocodile, its employees, agents and subcontractors shall not be liable for unauthorized access/viewing of files, lost or altered files, data or programs, even if caused by the negligence of Crocodile or its agents or employees or subcontractors. Client understands that, even though Crocodile will employ security measures as is customary, Crocodile makes no guarantee that unauthorized persons will not view/edit data. Client understands that unauthorized persons have the ability to see any computer file, no matter how well protected, that they want, including Client files.
- Limited warranty; disclaimer of warranties. Crocodile warrants that the services to be performed under this Project shall be performed in a professional and workman like manner. Crocodile does not warrant software or any services provided by an independent third party supplier or software manufacturer. You must refer to the warranty provided by such third party.
- Limitation of liability. Except where such exclusion is contrary to public policy, in no event shall Crocodile, its employees, agents or contractors, be liable under this agreement for any indirect, special, exemplary, consequential, or incidental damages, including but not limited to, loss of anticipated profits or revenue, economic loss, loss of data, loss of use of the product or any associated equipment, cost of capital, cost of substitute or replacement equipment, facilities or services, down time, your time, the claims of third parties, and injury to property, regardless of the nature of the claim, including but not limited to, breach of warranty, breach of contract, tort (including negligence) or strict liability, even if Crocodile has been advised of the possibility of such loss or damage. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. If any portion of this section is held invalid or unenforceable, any liability of Crocodile is expressly limited to the fees you have paid for the service-giving rise to the claim. Your sole remedy against Crocodile in any dispute under this agreement shall be to seek recovery of the amounts you have paid, upon the payment of which Crocodile shall be released from and discharged of all further obligations and liability to you.
- Entire agreement. This agreement contains the entire understanding of the parties and supersedes all previous oral and written agreements with regard to the subject hereof.
- Severability. If any provision contained in this Agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this Agreement.
- You may not assign this agreement or any of your rights hereunder without the express written consent of Crocodile.
- Any sum not paid by you when due and owing is subject to interest at a rate equal to the lesser of 1 ½ per month or the maximum rate allowed by law.
- Crocodile reserves the right to change pricing, if the scope of work is changed.
- Client is responsible for obtaining all necessary technical support, hardware, and software fixes from the manufacturer or supplier of third party hardware or software, including but not limited to Microsoft Access.
- Crocodile may include your name on its client list.
- Any change to the project made after 30 days after final delivery is considered an enhancement, and will be billed at a standard hourly rate or quoted individually.
- Location of work. Work may be performed in combination of on-site (when necessary) and off-site (for the most part).
- Intellectual property. All, ideas, concepts, improvements, discoveries, code, tables, forms, queries, macros, modules developed by Crocodile shall remain the sole and exclusive property of Crocodile subject to the irrevocable right and license of Client to use such property without payment of royalties.
- Non-disclosure. Crocodile understands that during the course of the Project it may come to know confidential information pertaining to Client’s business including but not limited to operations, accounting, human resource, financial and any information that is not considered “public” information, and will not disclose or discuss such confidential information with any third party.
- Notices. This Agreement shall be governed by the laws of the State of Queensland.
Queries regarding terms and conditions should be addressed to:
The Office Manager
PO Box 4483
Ashmore Qld 4214
Phone: +61 7 5630 1155
email: info (at) crocodilemarketing.com.au