| Quotations and Estimates All quotations and estimates provided by Altitude IT for software development are valid for a period of 30 days from date of issue. Quotations not accepted within this timeframe must be re‐issued. All quotations are required to be accepted using the supplied Quotation Acceptance Form and returned to Altitude IT within the 30 day period from date of issuance. Estimates may be provided by Altitude IT to offer the client a guide on the projected costing of a project prior to any discovery or research for said project. All estimates will be clearly marked as such and are not an indication of the exact final cost to develop the application. All estimates will need to be formalized to a quotation or invoice before acceptance by either party as the final cost of the application. Payment Terms All quotations provided by Altitude IT, require a 50% deposit upon acceptance. Unless prior arrangement has been made, final payment is strictly net 7 days from the date of completion. Any cost arising from payment clearings or transaction charges are solely the responsibility of the client and will be charged as such. Altitude IT will only commence work on the quoted application once any deposited funds have cleared. Residency Requirements Minimum requirements for where the completed application will reside, will be provided on all Altitude IT quotations. The quoted cost on an Altitude IT quotation is only valid if the minimum residency requirements are met or exceeded for said quotation. Altitude IT can provide, as an additional service, a package that will meet the stated requirements. The package offered will provide the most streamlined and cost‐effective installation of the quoted application. If an Altitude IT package is not used to host the completed application, Altitude IT will not be liable for any additional time or resources, above and beyond that already included in the quotation, required to get the completed application installed where the client has asked it to reside. Altitude IT will bill any additional time and or resources, above and beyond that already included in the quotation, required to get the completed application installed on the clients host at $120 per hour. Intellectual Property Unless specified all quotations provided by Altitude IT, do not include any source code license. All source code and associated intellectual property relating to said source code, developed by Altitude IT, solely remains the property of Altitude IT, except where specific code license has been issued to the client and said issuance has been indicated in writing from Altitude IT. Any alteration, reverse engineering, or manipulation of any kind on the code, compiled or otherwise, created by Altitude IT for the quoted application may be a breach of trademark and copyright laws. If said breach is confirmed, penalties will apply under the relevant acts. Any costs incurred by Altitude IT for third party code license required to complete the quoted application are the responsibility of the client and will be solely borne by the client. Any such third party code license will be attached to the existing Altitude IT code license for the quoted application. Cancellations Should the client wish to cancel acceptance of the quotation, Altitude IT will invoice the client for any work completed to date, as a percentage of the total work involved.
Content Clients are required to ensure that the content of the application being quoted adheres to all the current Australian legislation regarding publication. The client shall further indemnify Altitude IT in respect of any claims, costs and expenses that may arise from any material included within the quoted application by Altitude IT at the client’s request. Altitude IT reserves the right not to include any material supplied by the client within the quoted application if Altitude IT deems said material inappropriate or offensive. Altitude IT will not populate the application with the final content unless said content is delivered to Altitude IT in digital format prior to commencement of work. Said content, if available, will be used for testing purposes and may not be formatted how the client requires it. If content is not available mock placeholder content will be used. Permissions and Copyrights The client will obtain all necessary permissions and authorities with respect to the use of all copy, graphics, logos, names and trademarks and any other material supplied by the client to Altitude IT. Supply of said material by the client to Altitude IT shall be regarded as a guarantee from the client that all such permissions and authorities have been sought and obtained for said material. No responsibility will be accepted by Altitude IT for damages or losses incurred by the client from the use of material for which permission or authority has not been obtained. Errors and Liabilities Altitude IT will pursue due care to ensure applications create by Altitude IT are free of errors. Altitude IT will correct any errors made by Altitude IT staff in the undertaking of the quoted application before the application has been signed off as completed. Altitude IT does not accept responsibility for losses or damage arising from errors within any application. Altitude IT does not accept responsibility for errors, damages, losses or additional costs that relate to third party products that Altitude IT may require completing the quoted application. Alterations Any alterations requested by the client after development has begun will incur extra development and regression testing time. Dependent upon the alteration or change requested an average of 1 day extra development time per alteration should be allowed for. The 1 day average may not be indicative of the time required and can be extended commensurate of the time involved to implement said changes. Altitude IT will not accept responsibility for any alterations performed by the client or any third party which may cause or induce errors within the quoted application. If Altitude IT are required to correct said alterations or errors resulting from said alterations, induced, injected or otherwise caused by parties other than Altitude IT, the client will be charged at the hourly rate that is current for Altitude IT at the time said errors are to be fixed. Completion of Work All timeframes offered by Altitude IT to the client are estimates. The intrinsic nature of software development and its intricacies do not offer Altitude IT the luxury of defining definite timeframes. Altitude IT will endeavour to complete all work within the estimated timeframes discussed with the client in the quotation. However, Altitude IT will not be liable for any penalties, monies or hardships otherwise incurred by the client if the application cannot be delivered within the estimated timeframe. Altitude IT will not release the quoted application unless all payments have been met under the obligations of the quotation or work agreement. If Altitude IT does not have control over the residence (see Residency Requirements) where the finished work will reside then full payment must be made prior to said work being released by Altitude IT. The quoted application remains the property of Altitude IT Software until all obligations have been met for release of said application to the client. If Altitude IT is working as a third party to another company, said company is responsible in meeting the obligations for release of the quote application to their client. The final product delivered will be referenced back to the original project scope documentation in any case where the client feels the final product does not meet their requested requirements, this document will act as the guide to confirm that the original requests have been met. Within the scope of these Terms and Conditions and any documents accompanying these Terms and Conditions;
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Software Development Terms & Conditions
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