1. General
These conditions of Bucks eCommerce apply to the exclusion of any terms or conditions of the Customer. No variation of these conditions will be binding on Bucks eCommerce or form part of any contract unless expressly accepted by Bucks eCommerce in writing.

2. Estimates

Bucks eCommerce will usually attempt to estimate a price. Where possible a full brief, preferably in writing should be supplied by the Customer to Bucks eCommerce before such an estimate can be prepared             

Delays may also result in the following circumstances:

• In the event stages are not signed off on according to schedule.
• In the event additional changes are requested or if changes are requested in multiple rounds.
• In the event there are delays with content and material which you are to supply that is needed for development.

3. Cost Variations

All prices quoted are, in the absence of specific written agreement to the contrary, estimated only. Bucks eCommerce quotations for work are based upon projected working hours at the current studio rate, plus materials, and are subject to amendment on or after acceptance to meet any rise or fall in such rates or material costs. Any increased charges or costs arising from alterations or additions to contractual specifications or to work previously approved, may be charged to the Customer. Other expenditure such as material sub-contracted on behalf of the Customer will be quoted separately.

4. Customer’s Property

All intellectual property rights in any material supplied to us by the Customer to assist us in our services remains vested in the Customer and/or its licensors and partners. On completion of the project all material including graphic design, database data, app layout and app content remain the property of the Customer.

5. Initial Work

Work produced, whether experimentally or otherwise, at Customer request will be charged for unless otherwise agreed in writing. If the Customer wishes to terminate an order at this stage, a termination invoice will be drawn up charging for time and materials up to this point.

6. Approval

Final demonstrations will be presented by Bucks eCommerce to the Customer for approval prior to publishing. Initial testing will have been conducted by Bucks eCommerce. However, it is expected that the customer has tested the material in full (User Acceptance Testing) before hand over and that the customer understands that any changes required to be made to the material after hand over will be charged at applicable rates. The customer will have 60 days after hand over to notify Bucks eCommerce of any implementation mistakes or errors and at this time should notify Bucks eCommerce in writing. After 60 days any changes, regardless of error, will be charged at our hourly rate. When approval is given by the Customer in the form of written or spoken agreement, they are assumed by Bucks eCommerce to have studied all aspects of the material presented and to be satisfied with them, noting any exceptions in writing.

7. Termination

• Either party may terminate this agreement at any time, with or without cause, upon 14 days written notice.
• Either party also may at any time terminate the agreement immediately if the other party has failed to uphold this agreement and it’s terms.
• If this agreement is terminated by the customer without cause prior to it’s expiration, customer agrees to pay contractor any and all sums which are due and payable for: (i) services provided as of the date of termination; and (ii) expenses already incurred, including those from documented non-cancellable commitments. Contractor agrees to use the best efforts to minimize sch costs and expenses.

8. Title

Ownership of any work delivered to the Customer under any contract between Bucks eCommerce and the Customer, or of any other goods delivered under any such contract, shall not pass to the Customer until payment in full of all sums due to Bucks eCommerce under such contract has been made to Bucks eCommerce. The risk of damage to or destruction of any item delivered by Bucks eCommerce to the Customer shall pass to the Customer upon delivery, notwithstanding that ownership of the item has not then passed, and the Customer shall ensure that such item is adequately insured from time of delivery.

Intellectual Property shall only pass to the customer when payment has been received in full.

9. Payment
Payments are to be made at the commencement of each stage. The full balance is to be settled within 7 days after each invoice.

10. Terms
Prices quoted by Bucks eCommerce are exclusive of GST which will, where appropriate, be payable by the Customers. Bucks eCommerce reserves the right to charge accumulating administration fees to any overdue accounts past 90 days. If payment is not met within 30 days Bucks eCommerce will suspend your application activity until the balance is paid.

11.Sub-Contracting
Bucks eCommerce may employ any person, company or firm as a sub-contractor for the development or provision of any item in accordance with any original specification or other work produced by Bucks eCommerce for the Customer.

12. Confidentiality & Non-Disclosure

Each party shall maintain all confidential information (as defined in the next sentence) of the other party. “Confidential information” means all (i) non-public information (at the time of disclosure) of one party to the other under this agreement, and (ii) any information which ought reasonably to be considered confidential in regard to circumstances surrounding disclosure.

Last Revised May 2023