Common use of Preliminary Works Clause in Contracts

Preliminary Works. We as the designer shall retains all rights in and to all preliminary works. All designer tools are and shall remain the exclu- sive property of designer. Designer grants client a non exclusive, non transferable, perpetual, worldwidel icense to use the designer tools solely to the extent necessary with the final deliverables for the project. SUPPORT SERVICES Once the final files are sent and website is launched any other revisions are supported at my hourly rate of $80.00 inc, gst. The Designer does not host/maintain/or support the website. The Designer was hired for design and customisation only. ALTERATIONS Alteration of any deliverable is prohibited without the express permission of designer. ▇▇▇▇▇▇▇.▇▇ will be given the first op- portunity to make the required alterations. Unauthorised alterations shall constitute additional use and willbe billed accord- ingly. DISPUTE RESOLUTION Parties agree to attempt to resolve any dispute by negotiation between the parties. If parties are unable to resolventhe dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties. The prevailing party shall be entitled to recover its attorney’s’ fees and costs in any disputere solved by binding arbitration or litigation. CHOICE OF LAW The agreement herein is governed by the law in force in Australia and you any other courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Conditions. If any ofthese Terms and Conditions are invalid or unenforceable, they may be struck out and the remaining Terms of Usewill continue to be of full force and effect. I, the undersigned client, hereby warrant that I am competent to contract in my own name. I confirm that I haveread the herein agreement prior to its execution and I am fully familiar with the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigns. DETAILS Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using ▇▇▇▇▇▇.▇▇▇▇▇▇▇.▇▇ website (the “Service”) operated by ▇▇▇▇▇▇▇.▇▇ (“us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of theterms then you may not access the Service. By contracting ▇▇▇▇▇▇▇.▇▇ for work, you agree that you have read the terms and conditions. INTELLECTUAL PROPERTY The Service and its original content, features and functionality are and will remain the exclusive property ▇▇▇▇▇▇▇▇▇.▇▇ and its licensors. The Service is protected by copyright, trademark, and other laws of both theAustralia and foreign coun- tries. Our trademarks and trade dress may not be used in connection with any productor service without the prior written consent of ▇▇▇▇▇▇▇.▇▇ . Where ▇▇▇▇▇▇▇.▇▇ . creates any product, system, website or graphic, the intellectual property rights for thatproduct, system, website or graphic, remain the property of ▇▇▇▇▇▇▇.▇▇. unless express permission and agreed inwriting that the rights should pass to the customer. All work completed by ▇▇▇▇▇▇▇.▇▇ is subject to copyright andterms and conditions of trade. Reproduction or issue to third parties in any form is not permitted without authorityfrom ▇▇▇▇▇▇▇.▇▇. LINKS TO OTHER WEBSITES Our Service may contain links to third-party web sites or services that are not owned or controlled by ▇▇▇▇▇▇▇.▇▇.▇▇▇▇▇▇▇.▇▇. has no control over, and assumes no responsibility for, the content, privacy policies, or practices ofany third party web sites or services. You further acknowledge and agree that ▇▇▇▇▇▇▇.▇▇. shall not be responsibleor liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with useof or reliance on any such content, goods or services available on or through any such web sites or services. LIMITATION OF LIABILITY In no event shall ▇▇▇▇▇▇▇.▇▇. nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for anyindirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data,use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use theService; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service;and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of thepossibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Preliminary Works. We as the designer shall Designer retains all rights in and to all preliminary works. Client shall return all preliminary works to designer within thirty (30) days of completion of the services. All designer tools are and shall remain the exclu- sive exclusive property of designer. Designer grants client a non exclusivenonexclusive, non transferablenontransferable, perpetual, worldwidel icense worldwide license to use the designer tools solely to the extent necessary with the final deliverables for the project. SUPPORT SERVICES Once the final files are sent and website is launched any other revisions are supported at my hourly rate of $80.00 inc, gst50. The Designer does not host/maintain/or support the website. .The Designer was hired for design and customisation onlycustomization. ALTERATIONS Alteration of any deliverable is prohibited without the express permission of designer. ▇▇▇▇▇▇▇.▇▇ Designer will be given the first op- portunity opportunity to make the required alterations. Unauthorised Unauthorized alterations shall constitute additional use and willbe will be billed accord- inglyaccordingly. DISPUTE RESOLUTION Parties agree to attempt to resolve any dispute by negotiation between the parties. If parties are unable to resolventhe resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties. .The prevailing party shall be entitled to recover its attorney’sattorneys’ fees and costs in any disputere solved dispute resolved by binding arbitration or litigation. CHOICE OF LAW The GENERAL Modifications to this agreement herein is must be in writing and signed by both parties. Failure by either party to enforce any right or seek to remedy any breach under this agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach. All notices under this agreement shall be given in writing either by: (a) fax or email, with return confirmation of receipt; (b) certified or registered mail, with return receipt requested. notice will be effective when received, or in the case of email or fax, on confirmation of receipt. rights or obligations under this agreement shall not be transferred, assigned or encumbered without the prior written consent of the other party.This agreement shall be governed by the law in force in Australia and you of North Carolina if any other courts which may hear appeals from those courts in respect provision of any proceedings in connection with these Terms of Conditions. If any ofthese Terms and Conditions are this agreement is held invalid or unenforceable, they may be struck out and the remaining Terms remainder of Usewill continue to be of this agreement shall remain in full force and effect. I, where possible the undersigned client, hereby warrant that I am competent to contract in my own name. I confirm that I haveread the herein agreement prior to its execution and I am fully familiar with the contents thereof. This agreement invalid or unenforceable provision shall be binding upon me interpreted in such manner as to be effective and my heirsvalid under applicable law. Headings and numbering used in this agreement are for convenience and reference only and shall not affect the scope, meaning, intent or interpreta- tion of this agreement, and shall not have any legal representatives effect. this agreement is the entire understanding of the parties and assignssupersedes all prior understandings and documents relating to the subject matter of this agreement. DETAILS Please read these Terms and Conditions (“Terms”If terminated, “Terms and Conditions”) carefully before using ▇▇▇▇▇▇.▇ ▇▇▇▇▇▇▇.▇ shall return to me one half the fee (the other half helps pay for the many hours I put into researching and designing the logo samples). I understand that I cannot claim any additional expenses, damages, or claims based on the failure of ▇▇▇▇ website (the “Service”) operated by ▇▇▇▇▇▇▇▇ to complete the logo.▇▇ (“us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of theterms then you may not access the Service. By contracting ▇▇▇▇▇▇▇.▇▇ for work, you agree that you have read the terms and conditions. INTELLECTUAL PROPERTY The Service and its original content, features and functionality are and will remain the exclusive property ▇▇▇▇▇▇▇▇▇.▇▇ and its licensors. The Service is protected by copyright, trademark, and other laws of both theAustralia and foreign coun- tries. Our trademarks and trade dress may not be used in connection with any productor service without the prior written consent of ▇▇▇▇▇▇▇.▇▇ . Where ▇▇▇▇▇▇▇.▇▇ . creates any product, system, website or graphic, the intellectual property rights for thatproduct, system, website or graphic, remain the property of ▇▇▇▇▇▇▇.▇▇. unless express permission and agreed inwriting that the rights should pass to the customer. All work completed by ▇▇▇▇▇▇▇.▇▇ is subject to copyright andterms and conditions of trade. Reproduction or issue to third parties in any form is not permitted without authorityfrom ▇▇▇▇▇▇▇.▇▇. LINKS TO OTHER WEBSITES Our Service may contain links to third-party web sites or services that are not owned or controlled by ▇▇▇▇▇▇▇.▇▇.▇▇▇▇▇▇▇.▇▇. has no control over, and assumes no responsibility for, the content, privacy policies, or practices ofany third party web sites or services. You further acknowledge and agree that ▇▇▇▇▇▇▇.▇▇. shall not be responsibleor liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with useof or reliance on any such content, goods or services available on or through any such web sites or services. LIMITATION OF LIABILITY In no event shall ▇▇▇▇▇▇▇.▇▇. nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for anyindirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data,use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use theService; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service;and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of thepossibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.