1. Definitions

(1.1) WE, US, OUR mean Edge Animation.

(1.2) YOU and YOUR mean the Purchaser of animations or other content from Edge Animation.

(1.3) This is a contract between US/WE and YOU.

(1.4) THE PROJECT is the package that YOU are purchasing. If YOU choose to continue to receive animations after the six-month contract period, THE PROJECT will be deemed to be continuous and all relevant terms and conditions will apply.

  1. Pricing and Terms

(2.1) Package price are as follows:

(a) The Grabber: $187 per month on direct debit arrangements and $207 per month if invoiced.

(b) The Blogger: $667 per month on direct debit arrangements and $687 per month if invoiced.

(c) The Explainer: $1667 per month on direct debit arrangements and $1687 per month if invoiced.

(2.2) Please note that monthly animations will not be issued until payment has been received by US.

(2.3) All animations remain the property of Edge Animation until payment is received.

  1. Payments

(3.1) If YOU and WE agree that YOU may make YOUR payments by installments, YOU must pay installments on or before each due date.

(3.2) The due date for each installment is one month from the date YOU purchase a package. For example, YOU purchase a package on the 15th of the month, then the due date of the installment will be on every 15th of the subsequent month.

(3.3) If YOU are located in Australia, the price includes Australian Goods and Services Tax (GST).

  1. Timeline

(4.1) If the parameters of the work change, or if it involves more time than estimated, WE will inform YOU and negotiate timings.

(4.1) In cases where WE request information or assets such as pictures or text from YOU, these must be supplied at least two weeks before the date the animation is due to be issued.

(4.1) Any delays in YOU supplying the required assets or information may result in a delay of the animation being delivered.

(4.1) The first draft of the first animation in each package will be issued within 10 business days of the first meeting. All attempts will be made to reduce this time where possible.

  1. Refund Policy

(5.1) After the first payment is made prior to YOUR animation being created, if YOU and US cannot reach a suitable agreement on the format or layout of the animation, this first payment will be fully refunded, and no further payments will be taken, and no further work will be completed.

(5.2) Once WE have agreed and YOU have completed the authority to proceed work will begin on the first animation. At this point, the contract is deemed to be in place and no refund can be offered.

  1. Revisions

(6.1) YOU are entitled to 2 rounds of revisions for each animation. Any revisions beyond 2 rounds shall be chargeable at a rate of $150 an hour.

  1. Confidentiality

(7.1) During this Agreement, it may be necessary for YOU to share proprietary information, including trade secrets, industry knowledge, and other confidential information, to US in order for US to complete the animation in its final form.

(7.2) WE will not share any of this proprietary information at any time, even after the Agreement is fulfilled.

(7.3) WE will also not use any of this proprietary information for OUR personal benefit at any time, even after the Agreement is fulfilled.

  1. Ownership Rights

(8.1) YOU continue to own any and all proprietary information YOU share with US during the term of this Agreement for the purposes of the Project. WE have no rights to this proprietary information and may not use it except to complete the Project.

(8.2) Upon completion of the Agreement, YOU will own the final animation design.

(8.3) While WE customize YOUR animation to YOUR specifications, YOU recognizes that animation generally have a common structure and basis.

  1. Representations and Warranties

(9.1) YOU represent and warrant that YOU have the right to use any proprietary information, including but not limited trade secrets, trademarks, logos, copyrights, images, data figures, content and the like that YOU may provide to US to be included in the animation.

(9.2) In the event that YOU do not have these rights, you’ll pay any associated damages that WE may experience or will take responsibility so that WE do not experience any damages.

  1. Disclaimer of Warranties

(10.1) WE do not represent or warrant that the animations will create any additional profit sales exposure, brand recognition, or the like.

(10.2) WE have no responsibility to YOU if the animation does not lead to YOUR desired results.

  1. Limitation of Liability

(11.1) Under no circumstances shall WE or YOU be liable to the other party or any third party for any damages resulting from any part of this agreement. Such as, but not limited to loss of revenue or anticipated profit or loss business costs or delay or failure.

  1. Legal Fees

(12.1) In the event of a dispute resulting in legal action, the successful party will be entitled to its legal fees, including, but not limited to its lawyer’s fees.

  1. Legal and Binding Agreement

 (13.1) This agreement is legal and binding between US and YOU.

(13.2) This agreement may be entered into and is legal and binding in Australia.

(13.3) WE and YOU represent that WE and YOU have the authority to enter into this Agreement.

  1. Responsibility

(14.1) WE are not responsible for any edits after the project end date or any maintenance. Nor any updates or errors. This is the sole responsibility of YOU. Once the animation has been finalized and issued after payment is made, WE are no longer liable for any fees, charges, or maintenance of the animation.

  1. The Australian Consumer Law and limitation of liability

(15.1) For the avoidance of doubt, nothing in this contract limits or restricts YOUR ability to make a claim against US that may be available to YOU for OUR failure to comply with a guarantee under the Australian Consumer Law.

(15.2) Subject to paragraph 15.4 and to the extent permitted by the Australian Consumer Law and relevant state legislation, OUR sole obligation under this contract is to use OUR best endeavors to provide the products or to repair the products or repair or replace any part of a product which is found to be defective during one year after purchase. YOU are entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

(15.3) When YOU acquire goods or services from US, Part 3-2, Division 1 of the Australian Consumer Law implies a number of guarantees that cannot be excluded. Subject to the Australian Consumer Law, to the full extent permitted by law:

(a) under no circumstances (including but not limited to any act or omission on the part of US) will WE be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use of or access to, or any inability to use or access, the products YOUR purchase from US.

(b)WE exclude all guarantees, conditions, warranties, and terms implied by statute, general law or custom.

(c) in no event shall WE be liable for any other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the products, and any indirect, special or consequential damages or injury to any person, corporation or other entity.

(15.4) If the product is a product not ordinarily acquired for personal, domestic, or household use or consumption, pursuant to s 64A of the Australian Consumer Law and similar provisions of relevant state legislation WE limit OUR liability to payment of an amount equal to the lowest of:

(a) the cost of replacing the goods or services or supplying equivalent goods or services;

(b)  the cost of repair of the goods;

(c) the cost of having the goods repaired or replaced.

(15.5) Subject to paragraph 15.4 WE are not liable for default or failure in performance of OUR obligations pursuant to this agreement resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials, labour or transportation or any other cause beyond OUR reasonable control.

(15.6) Subject to paragraph 15.4, WE are not responsible for any loss caused by an error or defect in the products or errors or faults caused by components supplied by any other person.

16.  Trademarks

(16.1) Trademarks used belong to their respective owners. YOU must not use any trademark displayed on the animation without the express written permission of US or the third-party owner.

17.  Jurisdiction

(17.1) These Terms are governed by and to be construed in accordance with the laws of Western Australia, and the Commonwealth of Australia. YOU irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Western Australia.

(17.2) If any of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect.