This Legal Agreement (the "Agreement") sets out the terms and conditions that govern the relationship between the service provider (Webpark Pty Ltd) and the Client. Prior to the commencement of any web development project, the Client must accept these terms and conditions.
In this Agreement, the following terms shall have the following meanings:
- "Client" means the person or entity who engages the Service Provider to provide the Services.
- "Services" means the web development services provided by the Service Provider to the Client.
- "Service Provider" means Webpark Pty Ltd, its employees, agents and subcontractors.
- "Website" means the website developed by the Service Provider for the Client, based on the materials provided by the Service Provider as part of the Services.
Scope of Services
The Service Provider will provide the Services to the Client as described in the proposal or other written agreement between the parties. Any changes to the scope of the Services will be agreed upon in writing by both parties.
Fees and Payment
The Client will pay the fees for the Services as agreed upon in the proposal or other written agreement between the parties. All fees are payable in advance, unless otherwise agreed upon in writing. If the Client fails to make payment when due, the Service Provider may suspend or terminate the Services until payment is made.
The Service Provider retains ownership of all intellectual property rights in the materials provided as part of the Services, including the Website. The Client is granted a limited, non-exclusive, non-transferable license to use the Website for the purposes for which it was developed.
Warranties and Liabilities
The Service Provider warrants that the Services will be provided with reasonable care and skill. The Client acknowledges that the Service Provider cannot guarantee the success of the Website and that the performance of the Website is dependent on various factors outside the control of the Service Provider.
The Service Provider shall not be liable for any loss or damage suffered by the Client as a result of the Services, except to the extent that such loss or damage is caused by the negligence of the Service Provider.
The Service Provider shall keep confidential all information of the Client and shall not disclose such information to any third party without the prior written consent of the Client.
Either party may terminate this Agreement by giving 30 days' written notice to the other party. Upon termination, the Client shall pay the Service Provider for any Services provided up to the date of termination.
This Legal Agreement shall be governed by and construed in accordance with the laws of the State of Western Australia. The parties hereby submit to the exclusive jurisdiction of the courts of Western Australia.
This Legal Agreement constitutes the entire agreement between the Client and the Service Provider and supersedes all prior agreements or understandings, whether written or oral.
If any provision of this Legal Agreement is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.
The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder.
This Legal Agreement may not be assigned by the Client without the prior written consent of the Service Provider. The Service Provider may assign its rights and duties under this Legal Agreement to any party at any time without notice to the Client.
The provisions of this Legal Agreement concerning the ownership, confidentiality, indemnification and limitations of liability shall survive the termination or expiration of this Legal Agreement.
All notices required or permitted under this Legal Agreement shall be in writing and shall be deemed effective upon delivery. Notice shall be delivered by email or by registered or certified mail, return receipt requested, to the address of the party specified in the Proposal, or such other address as either party may specify in writing.
The Service Provider shall not be liable for any default or delay in the performance of its obligations under this Legal Agreement if and to the extent such default or delay is caused by circumstances beyond its reasonable control, including acts of God, strikes, lockouts, riots, acts of war, epidemics, and governmental regulations.