Terms & Conditions
Linda Burgess Parkes, trading as Eyes on You Media (BN11148111) offers access to services on the terms and conditions outlined in this document. This Customer Agreement (“the Agreement”) is a contract between you (“the Customer”, “you” or “your”) and Eyes on You Media (“the Provider”, “us” or “we”). The Customer wishes to engage the Provider to prepare and provide materials or services (“the Materials”) including (but not restricted to) printed and electronic documents, photographs and artwork, the configuration and operation of web content and pay-per-click advertising campaigns, and the delivery of coaching – either on a one time or recurrent basis. The Materials are delivered under the following conditions.
1. Instructions. The Customer will provide instructions (“the Instructions”) to the Provider for the purposes of preparing the Materials. The Instructions may be in written, verbal or other form, provided directly or in response to interview questions from the Provider.
2. Term. This Agreement shall commence on the date the Provider receives Instructions from the Customer to prepare the Materials. The Agreement shall conclude on the date the Customer pays the Agreed Fees in full, or when the Customer and the Provider mutually agree a termination date, or in the case of recurrent services after the Provider or Customer notifies the other that the Agreement shall conclude after a period of four weeks notice.
3. Services and Payment. The Services are the preparation and provision of the Materials based on a written Brief prepared by the Provider based on the Instructions, and subsequently approved in writing or email by the Customer. The Customer will pay the Agreed Fees and any agreed deposit as specified in the approved Brief. When the Provider has completed the Services the Customer shall pay any balance owing of the Agreed Fees to the Contractor within 14 days of the completion of the Services.
4. Relationship. The Provider is engaged by the Customer as an independent contractor and this Agreement does not create a contract of employment or create a partnership between the parties.
5. Assignment of rights. Upon final payment of the Agreed Fees by the Client, the Provider assigns to the Customer the right to use, modify and distribute the text in the Materials prepared for the Customer under the Instructions. This does not include the Provider’s registered names, business marks or logos, business methods, software or other intellectual property of the Provider. Failure to pay the Agreed Fees to the Provider in full or requesting and receiving a refund of the Agreed Fees for the Materials shall result in all rights remaining with the Provider. The Provider retains the right to a copy of any material used in the preparation and finalisation of the Materials and to display the final Materials and any key source documents as an example of their work.
6. Rights in the Instructions. Upon provision of Instructions to the Provider for use in preparing the Materials, the Customer guarantees to the Provider that any elements of text, graphics, photos, designs, trademarks, or other artwork provided to the Provider in the Instructions for the Materials are owned by and are the full responsibility of the Customer, or that the Customer has permission from the rightful owner to use each of these elements, and that the Instructions are accurate in fact. The Customer will hold harmless, protect, and defend the Provider from any claim or suit arising from the use of the Instructions and such elements in the Materials.
7. Confidentiality. During the term of this Agreement and for one year following the termination of this Agreement the Provider shall not, except in the ordinary course of providing Services, without the express written consent of the Customer, disclose to any person any information that may be supplied to or made available to the Provider during the ordinary course of business of the Customer which is not in the public domain and is advised in writing to be Private and Confidential.
8. Changes. The Provider reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is the Customer’s responsibility to check this Agreement periodically for changes. The Provider may also, in the future, offer new services. Such new services shall be subject to the terms and conditions of this Agreement.
16. Liability. The Provider and its related entities, directors, employees and contractors provide the Materials “as is” and without warranty or condition (express, implied or statutory) to the extent permitted by law. The Provider will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. The Provider makes no warranties as to title, fitness for a particular purpose or non-infringement. The Provider will make reasonable efforts to meet the Customer’s requirements regarding the content of the Materials, but makes no representations as to whether Materials will lead to the Customer’s information being published in any media outlet, the Customer’s website achieving specified ranking or traffic increase, or to any change in business outcomes. To the maximum extent permitted by law, in no event will the Provider or any related entity, director, employee or contractor be liable for lost profits or any special, incidental or consequential damages arising from the Materials or this Agreement. The Provider does not accept liability arising out of changes to itineraries, or any other matters relating to an event program, due to factors out of its control. Any expenses incurred by an event delegate or participant arising out of these changes are for their own account. The Provider will not accept responsibility for damage or loss of equipment or merchandise left on event premises prior to, during or after events. It is the Customer’s responsibility to ensure that they have adequate insurance cover. In any event the Provider’s liability and the liability of related entities, employees and contractors to you or any third parties in any circumstances is limited to the actual amount of direct damages you incur or the Agreed Fees, whichever is the lesser.
17. Other Conditions. A defect in any provision of the Agreement or any part of a provision of this Agreement shall not affect any other provision. You agree to indemnify and hold the Provider and its related entities, directors, employees and contractors harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of your breach of this Agreement or your violation of any law or of the rights of a third party relating to your use of the Materials. No waiver by either party or the breach of non-performance of any term condition or obligation of this Agreement shall be a waiver of any subsequent breach or failure to perform the same or any other term condition or obligation. In this Agreement, unless the contrary intention appears, a word which denotes the singular includes the plural; any gender includes the other genders; a reference to writing includes any communication sent by post, email, online chat message or facsimile transmission; a person includes a reference to that person’s executors, administrators, legal personal representatives, successors, and permitted assigns; any statute, proclamation, rule, code, regulation or ordinance includes all regulations and other instruments under it and all amendments, consolidations, modifications, re-enactments or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it or of any particular provision of it; any monetary amounts refers to Australian currency; any party shall mean such party and its successors and assigns and (except in the case of corporations) heirs, executors and administrators; no rule of construction applies to the disadvantage of a party because this Agreement is prepared by (or on behalf of) that party; headings in this Agreement are for convenience only and do not affect its interpretation or construction; in all other respects the interpretation of the Agreement is governed by the Acts Interpretation Act 1901 (Cth). This Agreement contains the whole of the terms governing the relationship between the Customer and the Provider, and neither party shall be bound by any conditions, definitions, warranties or representations written or stated prior to the creation of this Agreement and not expressly incorporated into this Agreement.
18. Interpretation. This Agreement shall be interpreted and construed in accordance with the Laws of the State of Western Australia.
End of agreement.
