All services provided by Simkin Industries (SI) to the Customer are subject to the following terms and conditions:

1. Acceptance
   A signed statement must be provided by all new Customers at the time of submission of work to SI, indicating agreement to and acceptance of these Terms and Conditions.

2. Charges
   Charges for services provided by SI are as defined in the Services and Rates document. All Page Design Services require an advance payment of a minimum of 50% of the invoice total before the work is supplied to the Customer for preview. Quotes for custom services will be provided after evaluation of the requirements submitted by the Customer. SI reserves the right to change the rates for services with thirty (30) days advance notification to the Customer.

3. Payment
   The Customer may elect to receive either e-mail or hard copy invoices. Invoices are due on receipt. Accounts that remain unpaid thirty (30) days after the date of invoice will be assessed a service charge in the amount of one and one-half percent (1.5%) per month of the total amount due.

4. Default
   Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Customer in default maintains any information or files on SI Web space, SI will, at its discretion, remove all such material from its Web space. Removal of such material does not relieve the Customer of its obligation to pay any outstanding charges assessed to the Customer's account. Checks returned for insufficient funds are assessed a return charge of $25 and the account is immediately considered to be in default until full payment is received. Customers with accounts in default agree to pay SI reasonable expenses, costs for collection by third-party agencies, incurred by SI in enforcing these Terms and Conditions.

5. Termination
   Termination of services by the Customer must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honored.

6. Legal Restrictions
   SI services may be used for lawful purposes only. Submission, transmission, or maintenance of any information or materials in violation of any Australian or state regulations is prohibited. This includes, but is not limited to, material legally judged to be threatening or obscene. SI reserves the right to refuse service to the Customer without providing reason or cause.

7. Copyright
   Customer retains the copyright to data, files and graphic logos provided by the Customer, and grants SI the rights to publish and use such material. Custom artwork and graphic logos designed by SI for use in the Customer's Web presentation will remain the property of SI; at its discretion, SI will grant the Customer rights to use such material in formats other than Web presentations. The Customer must obtain permission and rights to use any information or files that are copyright by a third party; the Customer is further responsible for granting SI permission and rights for use of the same and agrees to indemnify and hold harmless from any and all claims resulting from the Customer's negligence or inability to obtain proper copyright permissions.

8. Indemnity
   The Customer agrees to indemnify and hold harmless SI from any and all claims resulting from the Customer's use of SI services which cause damage to the Customer or a third party.

9. Disclaimer
   SI makes no warranties of any kind, whether express or implied, for the services it provides. SI also disclaims any warranty of merchantability or fitness for a particular purpose. SI will not be responsible for any direct, indirect or consequential damages which may result from the use of its services including loss of data resulting from delays, non-delivery or interruption in service.

10. General
    These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. The Customer's signature below constitutes agreement to and acceptance of these Terms and Conditions.

I have read and understood the Terms and Conditions for service provided by
Simkin Industries, and agree to abide by them.



Authorized Signature:____________________  Title:___________________

 

Company Name:____________________________  Date:____________________