Terms of Service

General

This agreement is between you, the client, and Komosion Pty Ltd.

The contract for the project shall be construed and take effect according to the law of New South Wales. Either party may terminate the contract for the project prior to its completion giving one month’s notice to the other provided that it shall be a condition hereof such notice shall not be given until the party intending to give notice has consulted with the other and properly explained the reasons for forming his intention. Such consultation shall take place at a meeting between the duly authorised representatives of the parties convened upon reasonable notice being given by the party intending to give notice of termination to the other. Should a termination arise that is at the request of the client, any monies paid to Komosion Pty Ltd shall not be refunded to the client. Should a premature termination occur, the client agrees to pay Komosion Pty Ltd the amounts detailed for tasks that have been completed in either whole or part. This does not include any work relating to Komodo CMS which is governed by terms set out on komodocms.com

Performance of Agreement

The assignment is confined to the work specified in the proposal.

Estimates of time for the completion of the assignment are given on the assumption that we receive the full co-operation of your employees. A project plan will be produced in the first 2 weeks of engagement

Alteration to proposed schedules of work will be subject to a variation agreement, signed by you, which will document any additional costs.

Obligations

Komosion Pty Ltd will carry out all development, installation and maintenance work under any agreement in a professional and responsible way. It will only use the services of people who have the required ability and expertise. It will ensure that the work is appropriate for achieving the results expected by the client.

Ownership & Warranty

Ownership for all code and materials developed as part of the project will be transferred to your organisation upon receipt of final payment.

Komosion does not transfer the ownership of any Existing IP to you but grants you a perpetual, irrevocable, royalty free, non exclusive, non-transferable licence to use and utilize all Existing IP in the conduct of your business and also for the purposes that the Existing IP was provided you. This does not include any work relating to Komodo CMS which is governed by terms set out on komodocms.com

All software developed as part of this project is covered against malfunction (excluding problems associated with hosting servers) for a period of 1 month from the completion of the engagement as defined by the final payment. Again, this does not include any work relating to Komodo CMS which is governed by terms set out on komodocms.com.