Terms

24. Termination of agreement

Any agreement between Degraf and client shall terminate (a) if either party commits a breach of it and fails to remedy the breach within fourteen days after receiving notification in writing from the other party specifying the breach and requiring its remedy (by if the other party commits any act of bankruptcy or commences any proceedings for winding up (other than for the purposes of amalgamation or reconstruction) or if any Administrator, Receiver or Liquidator is appointed for the whole or any part of the business of such party.

25. Consequences of termination

On termination or postponement of the commission, or any part of it, for any reason Degraf shall be entitled to full remuneration for the work completed to the date of termination or postponement, together with all costs and expenses.

If any of the intellectual property rights in any of the commissioned work have been assigned to the client, such rights shall in the event of any such termination or postponement automatically revest in and shall be assigned to Degraf and the client shall sign all documents and do all such acts in order to fulfil the same.

Internet/Web related

26. Post launch alterations

Once a site is launched, Degraf cannot accept responsibility for alterations to a customer’s web page/pages caused by third party interventions. Such alterations include, but are not limited to additions, modifications and deletions.

27. Design and maintenance credit

A link to Degraf’s website will appear at the bottom of the customer’s Intro page/home page and any other page that Degraf feels appropriate.

28. Cancellation of orders

Cancellation of orders or placement only may, in the first instance, be made by telephone, but must be confirmed in writing. The customer will be invoiced for any authoring work completed to date of first notice of cancellation for payment in full within thirty days. The full invoiced amount of the order must be paid if the cancellation is not received in writing or by fax within 12 working days.

29. Copyrights and Trademarks

Degraf will produce, display or create derivative works from the customer material except as provided in these terms and conditions. However, the customer acknowledges and agrees that Degraf has no control over, and will not be liable for, the unlawful acts of others who access the customers installed and publicity posted material.

30. Customer review

Degraf will provide the customer with an opportunity to review the appearance and content of the customer’s materials once they are scripted. Such scripted materials will be deemed to be accepted and approved unless the customer notifies Degraf otherwise within 10 days of the date Degraf sends proofs of such scripted materials to the customer via e-mail or fax.

31. Media delivery

This agreement assumes that all text is provided by the customer in electronic format (.txt on floppy, e-mail or ftp retrievable), all photographs and other graphics are provided in high quality print suitable for scanning or a floppy, zip, cd-rom, dvd-rom in a .gif, .jpeg, .jpg, .tiff, .bmp format. Additional expenses may be incurred and will be charged accordingly for any corrective work, conversion of media and outside facility charges.

32. Permission and copyright

The customer will obtain all the necessary permissions and authorities in respect of the use of all copy, graph images, registered company logos, names and trademarks or any other supplied material. Every contract page design and placement shall be regarded as a guarantee by the client to Degraf that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

33. Licensed code

All web site construction between Degraf and their customer’s respect that code elements custom created for the customer are based on toolboxes of techniques and pre-developed codes that are the property of Degraf or one of it’s contractors. This software technology is licensed to the customer for a one-time fee and is limited to installation and usage by that client only on one “site” of connected documents on one “server”. Such code elements are not owned by the client and may not be distributed modified or relicensed without the express written consent of Degraf.