These are general terms and conditions between Dekka Corp and its customers. Developers and users of open source software that Dekka Corp. has contributed to, but does not have a business relationship with, are bound by a different, more specific license that is released with the software.
These terms may be superceded on a case by case basis according to a contract authorized between parties including Dekka Corp.
(effective December 2, 2004)
- Standard labor rates are discussed in our rates schedule
- Rush rate (within 24 hours) is at double the standard rate.
- Top priority (deliverable within 12 hours) is at triple the standard rate.
- Special equipment, communication charges etc. are billed at cost.
CONSULTATION
Up to 2 hours of consultation with client provided at no charge concerning strategy and estimating project cost. Additional time is billable according to the rates above. Communication charges and research fees, such as obtaining industry reports etc, are at client's expense. You will be notified before any billable hours commense.
BILLABLE HOURS AND EXPENDITURES
All time spent actively processing tasks specifically related to the project are billable, including handling communication, documentation, production, specialized equipment, professional research, office expenses, computing time, and other expenses directly attributable to the project.
Research, equipment, communication, and time not directly attributable to the project are not billed to client.
METHOD OF PAYMENT
Client agrees to maintain a retainer account with Dekka, keeping a set minimum balance; Or keep a valid and current credit card on file.
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credit cards accepted.
(card services links open in new window.) Pre-payment by PayPal, check, money-order or international wire transfer. Prepayments require "collected funds" status before shipping. For non-FPO/APO orders originating outside the USA, we accept pre-payment by international check, money-order, international bank wire transfer, or PayPal. A processing fee may apply.
Account will be used to offset weekly expenses including, but not limited to, labor charges. In the event that charges are unpaid, written notice will be given to client, and work will halt. A 4% (four percent) charge will be assessed monthly to cover rebilling and other possible debt collection expenses.
RIGHT OF REFUSAL OR CHANGE
Dekka reserves the right to refuse to deliver service that dekka interprets to be illegal or against the operations policy of Dekka Corp. or its partners.
LIMITED LIABILITY
Dekka is not responsible for liability derived from content of any materials supplied from client or Dekka on behalf of the client. Dekka is not liable to client or any third party for any damages, including any lost profits, lost savings or other value incidental, consequential, or special arising from Dekka's deliverables, even if Dekka has been notified of the possibility of damages.
Dekka may cancel this agreement in its entirety, including any remaining obligations and scheduled activity for failure of client to abide by agreement terms.
Dekka cannot guarantee absence of service interruptions caused by Acts of God or other circumstances beyond Dekka's control, including but not limited to telecommunications disruptions. Client assumes any risk associated with third party contracts made by Dekka Corp. on behalf of client, such as with acquisition of software or internet services.
Client unconditionally guarantees that all content provided for publishing are owned by the client, or that the client has adequate permission from the rightful owner for use in project. Client indemnifies Dekka and holds Dekka harmless against any claims of libel, copyright, or trademark infringement brought against client with respect to client's use of materials.
Client assumes liability and risks resulting from acts of good will made on behalf of client including, but not limited to charitable donations and other resources provided for free or at a discount. Where liability is not transferable, client assumes ownership at Dekka's discretion.
WARRANTY
Dekka does not warrant that deliverables, such as web site, will meet client's expectations, such as number of visits or possible business profit from commercial transactions. Service provided without any warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. Dekka expressly disclaims any representation or warranty that services will be provided error-free or uninterrupted. No oral advice or written information given by Dekka, its employees and representatives, will create a warranty; Nor may client rely on any such information or advice. Terms of this section will survive any termination of this agreement.
ALTERATIONS IN TERMS AND CONDITIONS
This general terms and conditions of service statement supersedes all prior published terms and conditions of service statements. Dekka reserves the right to change the terms and conditions without notice. Dekka reserves the right to make reasonable changes to the terms and conditions of this agreement, and in the context of a specific agreement, with reasonable notice, usually one month advanced notice for purposes of adjusting for inflation or other operating conditions that may be reasonable but unforeseeable when the agreement was signed or terms accepted.
CANCELLATIONS
Cancellation notices must be confirmed in writing or by fax. The client will be billed for work completed to the date of first notice of cancellation. The full amount of the agreement must be paid if the cancellation notice is not received in writing, or by fax, and the work is either significantly complete or significant resources for the project have been acquired.
SOFTWARE LICENSE DISCLOSURE
Dekka Corp. uses licensed software for system development tasks. If a software owner deems additional fees are required for license compliance, client accepts responsibility for additional license fees when applicable to project. Dekka Corp. will notify client in writing, in advance, if it foresees that any additional fees may apply.
Where Dekka Corp creates and modifies software, see "Creation Ownership" for details about other software licenses that client may be required to comply with.
CREATION OWNERSHIP
Dekka is the exclusive copyright owner of all Dekka created materials and content. Specific materials itemized in a contract may transfer ownership to client upon final payment according to agreement. Deliverable software copyrights may be subject to other publishing licenses also, such as the GNU GPL, reference http://www.gnu.org/licenses/licenses.html.
Any software developed by Dekka for client under this agreement will be made available under a Gnu Public License, reference http://www.gnu.org/copyleft/gpl.html at the discretion of Dekka Corp.
Any non-software copyrightable material produced by Dekka may be made available under the Creative Commons Attribution License, reference http://creativecommons.org/licenses/by/1.0/ at the discretion of Dekka Corp.
Dekka may use (and shall require to the extent necessary to carry out this Agreement) pre-existing work or materials (the "Pre-Existing Materials") in the items deliverable to Client. Unless specified otherwise such Pre-Existing Materials are provided to the Client under licenses from the copyright owners. Pre-Existing software may include licenses compatible with a Gnu Public License.