Terms of Engagement
By signing any agreement you have engaged Cancian Digital (“Service Provider”) to proceed with the requested services and agree to the terms and conditions as set out below.

1. Services
The Service Provider will provide services in respect of development, supply and operation of products and services relating to Design and Information Technology.
You have engaged the Service Provider to perform the following services on your behalf:
Set out the services to be performed on behalf of the client

2. Fees
For most work, we will provide you with a price estimate for the work to be completed based on the information provided by you. The price estimate will be based on an hourly rate, plus GST and disbursements.
Should the scope of the services increase based on your instructions, a new price estimate will be provided to include this work.
Should this price estimate change once work has commenced, we will contact you to discuss.
Non-quoted fees for professional services are calculated on the time spent by Service Provider associates and staff attending to said services, multiplied by the relevant hourly rate or at the agreed fixed or discounted rates mentioned in the Services section of this agreement. Time is costed by reference to 15-minute units. The hourly rate is applied to all work done on the Client’s behalf, including making telephone calls, writing letters, researching the laws, negotiating with partners, and preparing documents.
The Client will be notified 30 days prior to any increase in hourly rate that affects the services set out in section 1 of this document.

3. Invoicing
All invoices will provide a description of the work or services undertaken on your behalf. All services bought on the client/s behalf are invoiced immediately and are due for payment within 7 days. All other invoices are generated at the end of the month and are due for payment by the 20th of the following month unless otherwise stated, with the exception of section 7 and 8 below.
All payments are to be made by direct credit or credit card to the bank account nominated on the invoice.
Any late payments may incur a penalty fee (as per section 9 below) and / or cessation of work until payment in full has been received.

4. Retainer / Deposit
We may require you to pay a retainer or deposit in advance. Generally, this is between 30% or 50% of the final bill. We will advise you of this at the conclusion of our initial discussion with you. Any retainer or deposit will need to be paid into the nominated bank account prior to the commencement of work. A deposit is non-refundable.

5. Client Responsibility
You understand that the Service Provider is not an employee, and that this will be a collaborative, professional relationship of equals where mutual professional respect, courtesy and consideration are expected. Due to the virtual nature of the relationship, you understand the importance of communication, especially via email, and agree to respond to questions, requests and communications from the Service Provider in a timely manner. You acknowledge and understand that the Service Provider is a business with other clients to serve and requires fair, realistic notice in order to attend to requests and projects. Poor planning or miscommunications on the part of yourself will not constitute an emergency for the Service Provider. You understand that the Service Provider may require detailed clarification of projects in order to meet expectations and provide the best support and highest quality work.

6. Lien
All materials or property belonging to the client as well as work performed, may be retained as security until payment of all outstanding invoices are received in full.

7. Services put on hold
In the event that a service agreed to in section 1 of this agreement is put on hold. The client agrees to pay all costs incurred to provide the service up until the point at which the Service Provider was notified of such hold on work. The Service Provider will provide an invoice for all work completed up until the service was put on hold and such invoice will be payable within 14 (fourteen) days.

8. Termination of Agreement by either party
Retainers may be terminated by either party for any reason with 10 (ten) days written notice being provided of intent to cancel. The Service Provider will provide an invoice for all work completed up to the end of the notice period provided and such invoice will be payable within 7 (seven) days. Section 6 above will apply until all outstanding invoices is paid in full.

9. Late Payment Penalties
Any payments not made within the specified period of time for payment will incur an administration charge at the rate of $80 every 7 (seven) days. Any amounts that are not paid because of a bona fide dispute between the parties that are ultimately paid later will incur an administration charge at half the specified rate until the time of payment. Any amounts not paid within 60 days will be sent a professional debt collection agency who may add their own additional charges.

10. Disputes
No party to this agreement shall commence any court or arbitration proceedings relating to a dispute arising out of or related to this agreement, unless that party has first complied with this clause.
The parties agree to mediate any dispute with a Mediation Service selected by the Service Provider. The mediation shall be conducted by a mediator and at a fee agreed upon by both parties.
Only after the parties have attended a mediation can legal action be taken to resolve the dispute.

11. Indemnification / Release of Liability
You shall indemnify, defend and save the Service Provider harmless from any and all suits, costs, damages or proceedings, including, but not limited to, the Service Provider’s services, pertaining to any and all litigations in which you are a party. You shall pay all expenses incurred by the Service Provider including, but not limited to, all Solicitors fees, costs and expenses incurred should the Service Provider be named a party in any litigation in which you are a party. You shall further indemnify and hold harmless the Service Provider and its agents, officers, and directors from liability for any and all claims, costs, suits and damages, including attorneys’ fees arising directly or indirectly out of or in connection with this operation of yours, and from liability for injuries suffered by any person relating to yourself. This agreement to indemnify the Service Provider is not limited to any acts or omissions, statements or representations made by the Service Provider in the performance and/or non-performance of the Service Provider’s duties hereunder and relating to all contractual liabilities, which may be alleged or imposed against the Service Provider. All reasonable precautions will be taken to safeguard the property entrusted to the Service Provider. In the absence of negligence, however, the Service Provider will not be held liable for loss, destruction or damage of any kind resulting from items which are lost or delayed in transit, whether such transit is electronic, fax, mail or otherwise, nor for unauthorised use by others of such property. The Service Provider will not be held liable for any incidental, consequential or indirect damages, including without limitation damages for loss of profits, business interruption, loss of information, plagiarism etc. The Service Provider will not be held liable for typographical omissions or errors.