- All bills are final and not negotiable.
- For short jobs payment is expected within fourteen days of billing.
- For long term contracts payments are expected at least fortnightly
for full-time work and at least monthly for part-time work.
- If payment is missed, all service shall cease until the client comes
out of arrears.
- Should the client not come out of arrears within sixty days, Serious
Cybernetics shall be not be obligated to complete any outstanding
- Any overdue bills shall be turned over to a collection agency.
- Quotes are only for agreed upon work as specified in the quotation.
Any additions or changes to the original request for work will be
considered new work and accordingly accrue extra charges.
- Serious Cybernetics cannot be held responsible for fluctuating costs
for any parts or software purchased from third parties on the behalf of
- Quotations are based upon the amount of time and skill required to
complete the job. Should the job prove more complex and time-consuming
than originally believed, the client shall be notified and a new
quotation issued in order to determine whether or not the client wishes
- Unless otherwise explicitly specified, quotations are only good
for thirty days, after which a new quote is required before work can
- Sufficient information must be provided to accurately determine how
much work will be involved. If additional information is later required
for the completion of the work, then the contract will be renegotiated
based on the new information to reflect the additional workload and
therefore the necessary additional charges.
- All material for completing a project must be provided within thirty
days of work commencement. If all material has not been provided within
that time, the project will proceed to the extent possible and payment
will become due for work done. If any remaining material is still not
provided within another thirty days, then the job will be considered
complete and any approach by the client to continue the project will be
considered a new job.
- Any work that involves the use of unfamiliar software or hardware or
the creation of new software tools and processes will only be accepted
on an hourly fee basis.
- Additional payment will be required for any job which exceeds the
originally agreed upon work load by 20% or more.
- Rush jobs require sufficient payment to justify the time commitment
and so will accrue extra charges. Whether or not such a job is accepted
depends upon prior commitments and we are in no way obligated to rush
any current projects without prior agreement.
- Any bugs or faults which directly affect the operating of the
agreed upon work must be reported by the client within sixty days of
the completion of work. Any bugs or faults reported after sixty days
will be treated as a request for additional billable work.
- For Web design one set of minor changes may be made within thirty
days at no extra charge.
- All materials provided to Serious Cybernetics for the execution of
work must be retrieved within sixty days of job completion. Serious
Cybernetics takes no responsibility for materials left for longer periods
- Digital files may be deleted from Serious Cybernetics equipment
after the completion of a job unless previous arrangements have been
made to purchase storage space.
- Serious Cybernetics shall not be held responsible for any conditions
outside of their control.
- Disclaimer of Warranty
While Serious Cybernetics does attempt to take all due care, all
software is provided "as is" and without warranty of any kind, express
or implied, including without limitation any implied warranties of
merchantability, fitness for a particular purpose and non-infringement
of intellectual property of any third party. All software may have
inherent limitations including design faults and programming bugs. The
entire risk as to the quality and performance of the provided software
is borne by the client, whose responsibility it is to ensure that it
does what they require it to do prior to using it for any purpose other
than testing it.
- Limitation of liability
The client acknowledges and accepts that they use all software provided
and/or modified by Serious Cybernetics at their sole risk. They agree
that under no circumstances shall they have any claim against Serious
Cybernetics or anyone associated directly or indirectly with Serious
Cybernetics whether as employee, subcontractor, agent, representative,
consultant, licensee or otherwise ("Associates") for any direct, indirect,
general, special, incidental, punitive and/or consequential damages,
loss, harm, injury, expense, work stoppage, loss of business information,
business interruption, computer failure or malfunction which may be
suffered by the client or by any third party from any cause whatsoever,
howsoever arising, in connection with any use or distribution of any
software provided and/or modified by Serious Cybernetics even where
Serious Cybernetics were aware, or ought to have been aware, of the
potential of such loss.
By engaging the services of Serious Cybernetics, the client agrees
to indemnify Serious Cybernetics and Associates and hold them harmless
against any claims which may arise from any loss, damages, harm,
injury, expense, work stoppage, loss of business information, business
interruption, computer failure or malfunction which may be suffered by
the client or any other party whatsoever as a consequence of any act or
omission of Serious Cybernetics and/or Associates, whether negligent or
not, arising from any cause whatsoever, howsoever arising, in connection
with any software and/or services provided by Serious Cybernetics. These
provisions are binding on the estate, heirs, executors, legal successors,
administrators, parents and/or guardians of the client.
- Governing Law
Serious Cybernetics is registered in the State of Victoria. These
terms and conditions shall be governed by the laws of Australia and,
to the extent that they are not inconsistent, by the laws of the State