Terms And Conditions
BETWEEN
CD-ROM Services Pty Ltd, YesVideo Pty Ltd and Discs-On-Demand Pty Ltd, also trading as CD Solutions &
CD Makers of Suite 105, 66 Berry Street, North Sydney NSW 2060 Phone: (02) 9954 9885 | Fax: (02) 9922 4801 |
Email info@cdroms.com.au.
Herein referred to as the 'Company'
And
The party charged the service or goods referred to on the front page of the Invoice
Hereinafter referred to as the 'Client'
Software, Limitation of Liability
The Client warrants that all materials copied by the Company onto Disc or other material will not infringe any patent,
copyright, trade secret or any other proprietary right of any third party. The Client warrants that all of the required
authorities to reproduce data supplied to the Company have been obtained in respect of patent, copyright, trade secret or
any other proprietary rights by the Client. The Client warrants that reproduction of the data will not violate the rights
of any person or entity, or cause any person or entity to institute legal proceedings based on the violation of these
aforementioned rights. The Client will indemnify and hold the Company harmless from and against any direct loss,
damage, cost, liability, or expense arising out of any breach or claimed breach of this warranty.
The Client
shall indemnify and save harmless the Company against any expense, judgment, loss or infringement (including legal
costs and disbursements in defending or settling any claim giving rise to same) of any patent, copyright,
design right trade secret or trade mark which results from the Company's provision of services to the Client.
The Company agrees to treat as confidential all information received from the Client, which is not already
in the public domain, or is not required by law to be disclosed. The Company agrees to disclose such information
only to those of its employees or sub-contractors who need to know it for the performance of this Agreement.
Client Data
The Company will take all reasonable steps to maintain the data or recordable media submitted by the Client
free from corruption, provided that the Client shall be solely responsible for recreation of any data which may
be damaged, altered or destroyed while in the Company's possession, resident in the Company's system,
premises or in transit between the Company and the Client by any means. Magnetic tapes, compact discs,
disks or other media furnished by the Client in order that the Company provide any services should
be compatible with a system operated by the Company.
The Client accepts sole responsibility for the
adequacy and accuracy of data supplied. The Company does not check that data is suitable for the intended
usage. The Company shall not be responsible for any defects in Discs or other materials supplied to the
Client, or for non-delivery of any Discs, material or services. The Company shall have no responsibility
to determine the authenticity or accuracy of any data supplied by the Client, or the accuracy of any output
produced by the Company, and the Client shall indemnify and save harmless the Company from and against any
liability under any claim, judgment, order, award for damage arising from any defects, error, inaccuracy
or non-authenticity of any such data or other information.
In the event of any breach or failure to
perform in terms of the agreement between the Client and the Company, the liability of the Company as a
result thereof shall be limited to an amount, charged on this invoice.
In no event shall the Company
or the Client be liable one to the other for special, incidental or consequential loss or damage or for
any indirect loss or damage including without limitation to the forgoing, exemplary or punitive damages
to property or loss of profits, or damage to personal property, even if the said party is advised of
the possibility of such damage.
Risk and Transport Costs
Data submitted by the Client to the Company for processing shall be transported at the Client's expense
between the Client's premises and the Company's premises and return, and proofs, completed work and samples
will be transported at the Client's expense, unless specifically included in the Agreement.
The Client
agrees to pay all reasonable expenses of the Company incurred by it as a result of the Client's failure to
furnish its data to the Company in the form and at the time agreed by the parties.
Payment
The Client agrees to pay for services at the rates and within the terms as agreed by the parties.
Ownership of the goods shall not pass until paid in full by the Client.
Where the Company allows the
Client credit facilities, the Company reserves the right to charge interest at the rate of 18% per annum
for all amounts not paid by the fifteenth day of the month following charging of the goods.
In the
event of any inconsistency between the terms of this Agreement and the provisions of any purchase order,
acknowledgment or other documentation of the Client, the terms of this Agreement shall prevail.
