Terms & Conditions

Terms and Conditions

  • Introduction
  • Definitions
  • General Business Terms
  • System Design and Installation Terms
  • Online Sale Terms

Introduction

This document defines the terms and conditions of our working relationship. Unless otherwise agreed to in writing by both the parties, the terms of this Agreement will commence on the date specified.

All services that Digital Communications & Display, LLC (DBA: DCOMMAND) may be contracted to produce or provide for CLIENT/CUSTOMER (referred to as CLIENT) will be subject to the following:

Definitions

As used herein and throughout this Agreement:

Agreement” means the entire content of this Basic Terms and Conditions document, the Written Proposal document(s) (if any), Schedule(s) (if any), together with any other Supplements.

Content” means all materials, information, photography, writings and other creative content.

Copyrights” means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under Australian and International Copyright Law.

Deliverables” means the services and work product specified in the Written Proposal (if any) to be delivered by Digital Communications & Display, LLC (DBA: DCOMMAND) to the Client, in the form and media specified in the written Proposal (if any).

Services” means all services and the work product to be provided to Client by Digital Communications & Display, LLC (DBA: DCOMMAND) as described and otherwise further defined in the Written Proposal (if any).

Trademarks” means trade names, words, symbols, designs, logos or other devices or designs used in the Final Deliverables.

General Terms

1. Authorization

The CLIENT authorizes Digital Communications & Display, LLC (DBA: DCOMMAND) to perform the services outlined in this agreement on the CLIENTS’ behalf.

2. Agreement Scope and Period

Services supplied, costs and rates are limited to what is specifically set forth in this agreement. Any additional services will require an additional agreement. We reserve the right to adjust our service and rates at any time.

3. Costs and Fees

Changes and additions outside of the scope of this document will be quoted and invoiced to the CLIENT. The CLIENT will be advised of all costs, changes and additions before commencement of the additional work. Fees for professional services do not include outside purchases such as, but not limited to, software licensing, copyright licensing, printing, photography, color printouts, laminating, illustrations, shipping and handling or courier service. Expenses are itemized on each invoice. Expenses are subject to tax as specified by the county, state or country in which applicable.

4. Production Schedules

Production schedules will be established and adhered to by both the CLIENT and Digital Communications & Display, LLC (DBA: DCOMMAND). Where production schedules are not adhered to by the CLIENT, final delivery date or dates will be adjusted accordingly. Additional costs may be charged for CLIENT delays, if the delays result in an increase in time to manage or deliver the services.

5. Overtime

Estimates are based on a reasonable time schedule, and may be revised to take into consideration the CLIENT’s requested “Priority Scheduling”. Requested priority schedules that require overtime and weekend work will be subject to 60% markup at an hourly rate. Overtime is defined as between 6:00pm – 9:00am Monday to Friday, all day Saturday, Sunday and public holidays, unless otherwise agreed.

6. Payment – A/V System Installation

6.1 The CLIENT agrees to pay Digital Communications & Display, LLC (DBA: DCOMMAND) in accordance with the terms specified in each proposal/estimate. The CLIENT will be required to pay 33% of the project cost before commencement of work. Unless otherwise specified, all subsequent balances due are payable upon completion of key stages of the project.

6.2 If the CLIENT fails to pay any invoice, Digital Communications & Display, LLC (DBA: DCOMMAND) reserves the right to stop work, shipment or otherwise contracted duties and associated materials or refuse completion and/or delivery of work until past due balances are paid. All materials or property belonging to the CLIENT, as well as work performed, may be retained as security until all just claims against the CLIENT are satisfied. Digital Communications & Display, LLC (DBA: DCOMMAND) will charge a late payment fee of 5% per month on the outstanding amount. The CLIENT is responsible for any debt collection fees which may come due.

6.3 In the event of cancellation of the project prior to completion, the CLIENT must pay Digital Communications & Display, LLC (DBA: DCOMMAND) a fee for work completed, based on the contract price and the expenses already incurred.

7. Confidentiality

Digital Communications & Display, LLC (DBA: DCOMMAND) will not disclose to any third party or use, other than for the purposes of this agreement, any knowledge or information imparted to or obtained by it during or in connection with the fulfillment of this agreement, which is of a secret or confidential nature relating to the business, equipment, processes, products, services or business strategies offered or employed by the CLIENT.

This obligation of confidence will cease to apply in relation to information that Digital Communications & Display, LLC (DBA: DCOMMAND) is required to disclose by any law, or which becomes part of the public domain other than as the result of a breach by Digital Communications & Display, LLC (DBA: DCOMMAND) of its obligations of confidence under this Agreement.

8. Subcontractors

Digital Communications & Display, LLC (DBA: DCOMMAND) reserves the right to assign subcontractors or external suppliers. Any subcontractors or external suppliers will be bound to the terms of this agreement.

9. Copyright

The CLIENT is responsible for all trademark, service-mark, copyright and patent infringement clearances. The CLIENT is also responsible for arranging, prior to publication, any necessary legal clearance of materials Digital Communications & Display, LLC (DBA: DCOMMAND) uses for this project. The CLIENT indemnifies Digital Communications & Display, LLC (DBA: DCOMMAND) against any loss or damage arising directly or indirectly from any unauthorised use of photographs, text, or other Intellectual Property not under copyright ownership of the CLIENT.

10. Project Copyright

Digital Communications & Display, LLC (DBA: DCOMMAND) reserves all rights over working and source files. The CLIENT does not have the right to resell, reuse or re-purpose any design or content supplied as part of this agreement unless specified.

11. Open Source Software

11 The CLIENT indemnifies Digital Communications & Display, LLC (DBA: DCOMMAND) against any loss or damage arising directly or indirectly from any failure of software supplied to the CLIENT.

13. Force Majeure

Digital Communications & Display, LLC (DBA: DCOMMAND) shall not be deemed in breach of this Agreement if Digital Communications & Display, LLC (DBA: DCOMMAND) is unable to complete the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God, death, illness or incapacity of Digital Communications & Display, LLC (DBA: DCOMMAND) or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Digital Communications & Display, LLC (DBA: DCOMMAND)’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Digital Communications & Display, LLC (DBA: DCOMMAND) shall give notice to the CLIENT of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.

14. Limitation of Liability

The services and the work product of Digital Communications & Display, LLC (DBA: DCOMMAND) are sold “as is.” In all circumstances, the maximum liability of its Designers, Directors, Officers, Employees, Design Agents and Affiliates (“Digital Communications & Display, LLC (DBA: DCOMMAND) parties”), to the CLIENT for damages for any and all causes whatsoever, and the CLIENT’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net cost of this project as specified in this Agreement. In no event shall Digital Communications & Display, LLC (DBA: DCOMMAND) be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by Digital Communications & Display, LLC (DBA: DCOMMAND) even if Digital Communications & Display, LLC (DBA: DCOMMAND) has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.

15. Termination

Either party may terminate this Agreement by giving 30 days written notice to the other of such termination. In the event that work is postponed or terminated at the request of the CLIENT, Digital Communications & Display, LLC (DBA: DCOMMAND) shall have the right to bill for work completed through to the date of that request, while reserving all rights under this Agreement.

If additional payment is due, this shall be payable within fourteen days of the CLIENT’s written notification to stop work. In the event of termination, the CLIENT shall also pay any expenses incurred by Digital Communications & Display, LLC (DBA: DCOMMAND) and Digital Communications & Display, LLC (DBA: DCOMMAND) shall own all rights to the work. The CLIENT shall assume responsibility for collection of all legal fees necessitated by default in payment.

System Design and Installation Terms:

1. 1. Authorization

The CLIENT authorizes Digital Communications & Display, LLC (DBA: DCOMMAND) to perform the services outlined in this agreement on the CLIENTS’ behalf.

2. Agreement Scope and Period

Services supplied, costs and rates are limited to what is specifically set forth in this agreement. Any additional services will require an additional agreement. We reserve the right to adjust our service and rates at any time.

3. Costs and Fees

Changes and additions outside of the scope of this document will be quoted and invoiced to the CLIENT. The CLIENT will be advised of all costs, changes and additions before commencement of the additional work. Fees for professional services do not include outside purchases such as, but not limited to, software licensing, copyright licensing, printing, photography, color printouts, laminating, illustrations, shipping and handling or courier service, additional insurance expenditures related to a specific job not normally carried by Digital Communications & Display, LLC. Expenses are itemized on each invoice. Expenses are subject to tax as specified by the county, state or country in which applicable.

4. Production Schedules

Production schedules will be established and adhered to by both the CLIENT and Digital Communications & Display, LLC (DBA: DCOMMAND). Where production schedules are not adhered to by the CLIENT, final delivery date or dates will be adjusted accordingly. Additional costs may be charged for CLIENT delays, if the delays result in an increase in time to manage or deliver the services.

5. Overtime

Estimates are based on a reasonable time schedule, and may be revised to take into consideration the CLIENT’s requested “Priority Scheduling”. Requested priority schedules that require overtime and weekend work will be subject to 60% markup at an hourly rate. Overtime is defined as between 6:00pm – 9:00am Monday to Friday, all day Saturday, Sunday and public holidays, unless otherwise agreed.

6. Payment – A/V System Installation

6.1 The CLIENT agrees to pay Digital Communications & Display, LLC (DBA: DCOMMAND) in accordance with the terms specified in each proposal/estimate. The CLIENT will be required to pay 33% of the project cost before commencement of work. Unless otherwise specified, all subsequent balances due are payable upon completion of key stages of the project.

6.2 If the CLIENT fails to pay any invoice, Digital Communications & Display, LLC (DBA: DCOMMAND) reserves the right to stop work, shipment or otherwise contracted duties and associated materials or refuse completion and/or delivery of work until past due balances are paid. All materials or property belonging to the CLIENT, as well as work performed, may be retained as security until all just claims against the CLIENT are satisfied. Digital Communications & Display, LLC (DBA: DCOMMAND) will charge a late payment fee of 5% per month on the outstanding amount. The CLIENT is responsible for any debt collection fees which may come due.

6.3 In the event of cancellation of the project prior to completion, the CLIENT must pay Digital Communications & Display, LLC (DBA: DCOMMAND) a fee for work completed, based on the contract price and the expenses already incurred.

7. Confidentiality

Digital Communications & Display, LLC (DBA: DCOMMAND) will not disclose to any third party or use, other than for the purposes of this agreement, any knowledge or information imparted to or obtained by it during or in connection with the fulfillment of this agreement, which is of a secret or confidential nature relating to the business, equipment, processes, products, services or business strategies offered or employed by the CLIENT.

This obligation of confidence will cease to apply in relation to information that Digital Communications & Display, LLC (DBA: DCOMMAND) is required to disclose by any law, or which becomes part of the public domain other than as the result of a breach by Digital Communications & Display, LLC (DBA: DCOMMAND) of its obligations of confidence under this Agreement.

8. Subcontractors

Digital Communications & Display, LLC (DBA: DCOMMAND) reserves the right to assign subcontractors or external suppliers. Any subcontractors or external suppliers will be bound to the terms of this agreement.

9. Copyright

The CLIENT is responsible for all trademark, service-mark, copyright and patent infringement clearances. The CLIENT is also responsible for arranging, prior to publication, any necessary legal clearance of materials Digital Communications & Display, LLC (DBA: DCOMMAND) uses for this project. The CLIENT indemnifies Digital Communications & Display, LLC (DBA: DCOMMAND) against any loss or damage arising directly or indirectly from any unauthorised use of photographs, text, or other Intellectual Property not under copyright ownership of the CLIENT.

10. Project Copyright

Digital Communications & Display, LLC (DBA: DCOMMAND) reserves all rights over working and source files. The CLIENT does not have the right to resell, reuse or re-purpose any design or content supplied as part of this agreement unless specified.

11. Open Source Software

11 The CLIENT indemnifies Digital Communications & Display, LLC (DBA: DCOMMAND) against any loss or damage arising directly or indirectly from any failure of software supplied to the CLIENT.

13. Force Majeure

Digital Communications & Display, LLC (DBA: DCOMMAND) shall not be deemed in breach of this Agreement if Digital Communications & Display, LLC (DBA: DCOMMAND) is unable to complete the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God, death, illness or incapacity of Digital Communications & Display, LLC (DBA: DCOMMAND) or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Digital Communications & Display, LLC (DBA: DCOMMAND)’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Digital Communications & Display, LLC (DBA: DCOMMAND) shall give notice to the CLIENT of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.

14. Limitation of Liability

The services and the work product of Digital Communications & Display, LLC (DBA: DCOMMAND) are sold “as is.” In all circumstances, the maximum liability of its Designers, Directors, Officers, Employees, Design Agents and Affiliates (“Digital Communications & Display, LLC (DBA: DCOMMAND) parties”), to the CLIENT for damages for any and all causes whatsoever, and the CLIENT’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net cost of this project as specified in this Agreement. In no event shall Digital Communications & Display, LLC (DBA: DCOMMAND) be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by Digital Communications & Display, LLC (DBA: DCOMMAND) even if Digital Communications & Display, LLC (DBA: DCOMMAND) has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.

15. Termination

Either party may terminate this Agreement by giving 30 days written notice to the other of such termination. In the event that work is postponed or terminated at the request of the CLIENT, Digital Communications & Display, LLC (DBA: DCOMMAND) shall have the right to bill for work completed through to the date of that request, while reserving all rights under this Agreement.

If additional payment is due, this shall be payable within fourteen days of the CLIENT’s written notification to stop work. In the event of termination, the CLIENT shall also pay any expenses incurred by Digital Communications & Display, LLC (DBA: DCOMMAND) and Digital Communications & Display, LLC (DBA: DCOMMAND) shall own all rights to the work. The CLIENT shall assume responsibility for collection of all legal fees necessitated by default in payment.

16. Design, Programming and Intellectual Property:

Unless otherwise agreed, any system design performed by Digital Communications & Display, LLC (DBA: DCOMMAND) is protected by our intellectual property clause. This clause states that all designs created by Digital Communications & Display, LLC (DBA: DCOMMAND) are our intellectual property and can not be exchanged with competitors or other individuals at the risk of copyright infringement, copy, or other risk. All designs are proprietary information. Programming of systems retains the same intellectual property terms and clause. Any intellectual property provided by Digital Communications & Display, LLC (DBA: DCOMMAND) is retained and protected by these clauses.

17. Warranty – System Design, Installation and Programming

Digital Communications & Display, LLC (DBA: DCOMMAND) offers a comprehensive 6 month (from date of installation) warranty on all designs provided solely by Digital Communications & Display, LLC (DBA: DCOMMAND). Any designs not provided by Digital Communications & Display, LLC (DBA: DCOMMAND) can not be warranted under this warranty. This warranty covers function as described and equipment function as described (and described by original manufacturer). At the discretion of Digital Communications & Display, LLC (DBA: DCOMMAND), we will return to site to correct any issues pertaining to design function, programming or faulty equipment during this period at no charge to the customer (not including any shipping charges incurred to return equipment to manufacturer for exchange or repair). After this period, service calls from the client pertaining to the system may incur service charges and other charges pertaining to the repair or maintenance to the system.

Online Sales:

NEW EQUIPMENT SALES:

Equipment sold in new condition qualifies for return/exchange within 30 days of receipt. A return authorization number must be obtained prior to returning any goods. Any shipments received without the return authorization number will be refused and returned to the customer. Returns or exchanges will be subject to a 20% restocking fee. At Digital Communications & Display, LLC’s discrection, a partial refund may be issued if items are returned in used or any condition in which the product can not be sold as new (packaging damage, use of equipment, physical damage, mis-use, abuse, etc.). Any refund made available will be less shipping charges incurred. If a call tag is issued by Digital Communications & Display, LLC, that shipping cost will be deducted from the final refund total offered.

USED EQUIPMENT SALES:

Equipment sold in used condition is sold as is and as described. Any questions regarding function, condition, compatibility should be addressed prior to purchase. At the discrection of Digital Communications & Display, any exchanges will be subject to a 15% fee. At Digital Communications & Display, LLC’s discretion, a partial refund may be issued if items are returned in used or any condition in which the product can not be sold at comparable function, condition, compatibility as originally shipped (packaging damage, use of equipment, physical damage, mis-use, abuse, etc.). Any refund made available will be less shipping charges incurred. If a call tag is issued by Digital Communications & Display, LLC, that shipping cost will be deducted from the final refund total offered.

Comments are closed.