Rocket Launcher Terms and Conditions of Service:
1. Project Scope and Estimate of Costs:
1.1 All estimated costs are based on the previously communicated project scope. Any alterations to the scope will invalidate this estimate of costs, and a new estimate will be generated.
2.1 The Client must pay a non-refundable deposit of 50% of the Estimate of Costs before Rocket Launcher schedules or performs any Services.
2.2 Where the Estimate of Costs is less than $1000.00, the full Estimate of Costs amount is required to be paid by the Client before Rocket Launcher performs the Services.
2.3 Where the client requires changes to the scope of the Services or Additional Work to be carried out, a further deposit will be payable upon receiving an Estimate of Costs for any revised or Additional Services before Rocket Launcher performs the Additional Services.
3. Payment Terms:
3.1 Rocket Launcher will issue a tax invoice to the Client within 7 days of Rocket Launcher starting the project work for the Client or when final sign-off is given (whichever occurs first).
3.2 The Client must pay the Fees within 14 days of the date of the tax invoice.
3.3 Rocket Launcher reserves the right to charge interest on any overdue Fees at a rate of 10% every month after the due date.
3.4 Should the Client fail to pay the Fees by the due date and those Fees remain unpaid for a period of 60 days or more from the tax invoice date, Rocket Launcher may appoint a third-party recovery agent to recover the Fees, and Rocket Launcher will seek repayment by the Client for any additional costs or fees involved in the recovery process, including any legal expenses, if applicable.
3.5 All payments must be made by the Client via bank transfer or via Stripe in accordance with the details included on Rocket Launcher's tax invoice.
4. Project Commencement:
4.1 Rocket Launcher will schedule time to complete projects.
4.2 Once the project has commenced, the project cost will not be refundable.
4.3 Other associated costs, including scoped digital advertising, will not be refunded or reimbursed if the scope of works changes.
5. Liquidation and Payment Liability:
5.1 In the event of the Client's business undergoing liquidation, all outstanding invoices for services rendered shall become immediately due and payable.
5.2 The undersigned business owner(s) or directors personally guarantee the full payment of all invoices for services provided, even in the event of the Client's business liquidation.
5.3 The Client agrees to promptly notify Rocket Launcher in writing of any initiation of liquidation, bankruptcy, or insolvency proceedings affecting their business.
5.4 In the event of the Client's business liquidation, any outstanding invoices for services provided by Rocket Launcher shall be considered priority debts and shall be paid before other creditors.
5.5 Either party may terminate this engagement in the event of business liquidation or insolvency by providing written notice. Upon termination, the Client agrees to settle all outstanding invoices within 1 (one) month.
6. Intellectual Property:
6.1 All intellectual property developed (websites, branding, content marketing) or used during the project will remain the property of Rocket Launcher until full payment is received. Ownership rights can be transferred upon full payment as outlined in a separate agreement. This is not inclusive of consulting intellectual property, modules and strategy guides.
6.2 Non-Disclosure: The Client shall treat all strategic modules, intellectual property, and proprietary information received from the Provider as strictly confidential. The Client shall not disclose, reproduce, distribute, or otherwise make available any of the Provider's proprietary information to any third party without the prior written consent of the Provider.
6.3 Non-Compete: During the term of this contract and for a period of 5 years following the termination of this contract, the Client agrees not to engage in any business, activity, or transaction that directly competes with the services provided by the Provider. This includes but is not limited to using, replicating, or adapting the modules, intellectual property, or proprietary information provided by the Provider for commercial purposes.
6.4 Breach and Remedies: In the event of a breach of this Non-Compete and Non-Disclosure Clause, the Provider shall have the right to seek injunctive relief and/or monetary damages, including but not limited to legal fees, incurred as a result of such breach. The Provider shall also have the right to terminate this contract immediately.
6.5 Survival: The obligations and restrictions contained in this clause shall survive the termination or expiration of this contract for the duration specified in the Non-Compete section.
7. Dispute Resolution:
7.1 Any disputes shall be resolved through mediation or arbitration. The jurisdiction and venue for legal proceedings, if necessary, shall align with Australian law.
8.1 The Client agrees to keep all project-related information and materials confidential, safeguarding Rocket Launcher's proprietary information and trade secrets.
9. Force Majeure:
9.1 In the event of circumstances beyond Rocket Launcher's control affecting the project timeline or delivery, Rocket Launcher shall handle delays and adjustments due to force majeure events as specified in a separate agreement.
10. Scope Changes:
10.1 Any changes to the project scope require a formal written agreement, including adjustments to costs and timelines, ensuring transparency and clarity.
11.1 The Client agrees to indemnify and hold Rocket Launcher harmless from any claims, damages, or losses resulting from their use of the delivered work or services.
12. Limitation of Liability:
12.1 The liability of Rocket Launcher for damages or losses incurred by the client due to the services provided shall be limited as outlined in a separate agreement.
13.1 Either party can terminate the engagement under specified conditions, with the process for termination. Termination is a minimum of 1 (one) months’ notice unless otherwise agreed.
14. Governing Law:
14.1 The terms and conditions are governed by and interpreted in accordance with the laws of the relevant jurisdiction in Australia.
15.1 If any part of the agreement is found to be unenforceable or invalid, the remaining parts of the agreement shall remain valid and enforceable.
16. Entire Agreement:
16.1 The terms and conditions constitute the entire agreement between the parties, superseding any prior agreements or understandings, whether written or oral.