Contract - Terms & Conditions
All services provided by KTalk to the General Public, herein referred to as “the Customer” are subject to the following terms and conditions.Acceptance
All new & existing customers must indicate to agreement and acceptance of these Terms and Conditions.Charges
Charges for services to be provided by KTalk are defined in the Proposal. All Proposals require an advance payment of a minimum of fifty (50) percent cleared funds, (or lesser amount at the discretion of KTalk), of the project proposal total when in agreement. The remaining balance of the proposal total will be due upon completion of the work.KTalk reserves the right to change the rates for ongoing services with thirty (30) days advance notification to the Customer. All deposits and payments are non-refundable once work has commenced. Payment for services is due by cheque, cash, money order, or bank transfer and should be remitted to KTalk, P.O. Box 828, MACLEOD VICTORIA 3085, Australia.
Payment
A 50% non-refundable deposit (or lesser amount at the discretion of KTalk), of cleared funds must be received in full before work will start. KTalk will provide invoices before completion of the work. The Customer may elect to receive either e-mail or hard copy invoices. Invoices are due upon being received by the customer. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of five percent (10%) per month of the total amount due.Default
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. Cheques returned for insufficient funds will be assessed a return charge of $40 and the Customer's account will immediately be considered to be in default until full payment is received.Termination
Termination of services by the Customer must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Customer will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.Legal Restrictions
KTalk reserves the right to refuse service to the Customer without providing reason or cause.Copyright
KTalk retains the copyright to data, files, PowerPoint presentations, self help life course books and graphic logos and these are unauthorised for use, unless the customer seeks written permission from KTalk.Custom documentation or Web site will remain the property of KTalk. In the absence of a clause to the contrary, any intellectual property (e.g. images, logos, etc.) will vest with KTalk. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party.
Credit
A link to KTalk will appear in either small type or by a small graphic at the bottom of all pages of the Customer's Web site or documentation. The credit will be to www.ktalk.com.au .Indemnity
The Customer agrees to indemnify KTalk from any and all claims resulting from the Customer's use of KTalk services, which cause damage to the Customer, the Customer premises, or a third party.Disclaimer
KTalk makes no warranties of any kind, whether express or implied, for the services it provides. KTalk will not be responsible for any direct, indirect or consequential damages, which may result from the use of its services.General
These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted, save only for any exceptions specifically outlined in the proposal.The Customer's signature below constitutes agreement to and acceptance of these Terms and Conditions.
KTalk reserves the right to change the terms and conditions of the acceptance of future orders for the Customer.