This is the general terms & conditions policy of Dragonfly Technologies Pty Ltd ABN 72 116 612 090.
Dragonfly reserves the right to change or modify any of the terms and conditions contained in the terms at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revision.
The information in this process shall not be disclosed outside the customer organisation and shall not be duplicated, used or disclosed in whole or in part for any purpose other than to evaluate the proposal, provided that if a contract is awarded to Dragonfly as a result of or in connection with the submission of the proposal, the client organisation shall have the right to duplicate, use or disclose the information to the extent provided by the contract.
Ownership of all copyright or other intellectual property in relation to work carried out under the Statement of Work remains the property of customer organisation.
The customer organisation will promptly obtain and provide to Dragonfly all Required Consents necessary for Dragonfly to provide the Services described in this Statement of Work.
A Required Consent means any consents or approvals required to give Dragonfly the right to access and use the IT Systems that customer organisation provides Dragonfly for Services, without infringing the ownership or license rights (including copyright) of the providers or owners of such products.
The customer organisation warrants that the IT Systems provided to Dragonfly will not infringe the intellectual property rights of any third party.
Dragonfly will be suspended of the performance of any obligations that may be affected by customer organisation Experts’ failure to promptly obtain and provide any Required Consents to Dragonfly until such Required Consents are obtained.
Dragonfly will indemnify, defend and hold the customer organisation harmless from and against any and all claims, losses, liabilities and damages (including reasonable legal fees and costs) arising from or in connection with any damage caused to the customer organisation’s (or any third parties) property arising out of the Services undertaken by Dragonfly.
a) The aggregate liability of each party to the other party relating to the engagement Expert’s or damage sustained by the other party in connection with this engagement (whether arising in contract, tort (including negligence), statute, equity or otherwise) is limited to 3 times the fees paid or payable by customer organisation to Dragonfly under this engagement.
b) The limitation in clause 8.4 (a) above does not apply in relation to liability:
i. for personal injury (including sickness or death);
ii. for loss of, or damage to, physical property;
iii. for any act or omission of fraud or dishonesty;
iv. for breach of an obligation of confidentiality;
v. for infringement of any person’s intellectual property rights; or
vi. in relation to liability of customer organisation, for customer organisation’s failure to obtain the Required Consents.
a) The customer organisation agrees to provide Dragonfly with complete, clear, accurate, meaningful and timely instructions, and all information and documents requested by Dragonfly, or necessary for Dragonfly to undertake and complete the services defined under this engagement.
b) The customer organisation also agrees to arrange for reasonable access to relevant individuals and documents. customer organisation acknowledges and agrees to be responsible for the completeness, accuracy and clarity of the information supplied to us.
c) Both parties will be responsible for notifying the other party of any risks to, or issues with, the delivery of the engagement as soon as possible after they arise or are discovered.
d) The customer organisation will be responsible for their own resources and any third parties required to be engaged and any costs associated with their respective engagement.
e) All work will be performed during Dragonfly normal business hours (8:30am to 5:00pm Monday through Friday excluding gazetted public holidays). Any work required to occur outside of these agreed hours of service will be subject to a project change request and may result in additional fees & charges.
The Services provided by Dragonfly will end when one of the following first occurs:
a) Dragonfly provides the services listed under the statement of work “Scope” section and the customer has accepted these Services, or
b) either Dragonfly or customer organisation terminates the project in accordance with the terms of this agreement.