13. Intellectual Property
13.1 Where photos are purchased by RealTrack from a third party for the use for either print or web it is the responsibility of the client to alert RealTrack when the license falls due/expires and they are responsible for renewing this license and all fees associated with this renewal whether past or future. RealTrack takes no responsibility for renewal of these images once they have expired.
13.2 The Client warrants that all designs or instructions to the RealTrack will not cause the RealTrack to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify the RealTrack against any action taken by a third party against the RealTrack in respect of any such infringement.
13.3 The Client warrants that all designs or instructions to the RealTrack will not cause the RealTrack to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify the RealTrack against any action taken by a third party against the RealTrack in respect of any such infringement.
14. Default & Consequences of Default
14.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment.
14.2 If the Client defaults in payment of any invoice when due, the Client shall indemnify the RealTrack from and against all costs and disbursements incurred by the RealTrack in pursuing the debt including legal costs on a solicitor and own client basis and the RealTrack’s collection agency costs.
14.3 Without prejudice to any other remedies the RealTrack may have, if at any time the Client is in breach of any obligation (including those relating to payment), the RealTrack may suspend or terminate the supply of Goods/Services to the Client and any of its other obligations under the terms and conditions. The RealTrack will not be liable to the Client for any loss or damage the Client suffers because the RealTrack has exercised its rights under this clause.
14.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
14.5 Without prejudice to the RealTrack’s other remedies at law the RealTrack shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the RealTrack shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to the RealTrack becomes overdue, or in the RealTrack’s opinion the Client will be unable to meet its payments as they fall due; or
(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
15. Security And Charge
15.1 Despite anything to the contrary contained herein or any other rights which the RealTrack may have howsoever:
(a) where the Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the RealTrack or the RealTrack’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Client and/or the Guarantor acknowledge and agree that the RealTrack (or the RealTrack’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
(b) should the RealTrack elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify the RealTrack from and against all the RealTrack’s costs and disbursements including legal costs on a solicitor and own client basis.
(c) the Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the RealTrack or the RealTrack’s nominee as the Client’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause.
16. Suspension Of Services
16.1 The RealTrack reserves the right to suspend services in any case where the Client fails to perform their obligations under this and any associated agreements, including but not limited to the suspension of the Client’s websites.
17. Cancellation
17.1 RealTrack Designs may discontinue services if an amount payable to RealTrack Designs is overdue or take down a website permanently in any case where an amount payable is overdue by more than 7 days. In any such event, you remain liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties. Furthermore, RealTrack Designs will not refund ( in part or in whole) any deposits received for the commencement of work, under any circumstances unless agreed firstly in writing by RealTrack Designs. RealTrack Designs reserves the right to keep all funds from the deposit if work on a job has commenced and is terminated by either party. RealTrack Designs shall not be liable for any loss or damage whatever arising from such cancellation.
17.2 In the event that the Client cancels delivery of Goods/Services the Client shall be liable for any loss incurred by the RealTrack (including, but not limited to, any loss of profits) up to the time of cancellation.
|
