Terms and Conditions

1. Tebet Corporation Pty Ltd (the Company, its) agrees to perform work for you (you, your) on either a 'per hour' or 'fixed fee' basis (the service charge). You agree to pay the service charge at the specified rate, nett of all taxes, duties and other charges of a like nature.

2. By paying the service charge or by using the software the Company develops and provides to you, it will be deemed that you have agreed to these Terms and Conditions.

Source code

3. If the Company creates software for you under these Terms and Conditions, you will receive a copy of the source code (except for any Background Technology) once all service charges owing to the Company for the work has been paid in full.

Background technology

4. The Company may use its existing background technology in providing you with the requested software or systems. 'Background technology' is defined as software the Company provides from its existing set of software utilities that are not customised, original work created specifically to your specifications but is provided as part of the functionality you specify. The rights in all Background Technology we provide to you remain exclusively with the Company at all times.

5. On full payment of all service charges owing to the Company, the Company grants you a non-exclusive licence to use such Background Technology in your own applications at no extra charge, but you cannot distribute such Background Technology separately to any third party under any circumstances except as part of the software the Company has provided to you, nor can you grant to any third party any rights other than those granted to you in relation to our Background Technology.

6. The Company reserves the right to provide Background Technology in compiled, executable form only.

Liability and Warranty

7. All database systems, software, etc is provided 'as is' without warranties as to performance or merchantability or any other warranties whether expressed or implied. Because of the various hardware and software environments into which software may be put, no warranty of fitness for a particular purpose is offered.

8. Good data processing practice dictates that any software be thoroughly tested with non-critical data before relying on it. The Company's liability for the software will be limited exclusively to replacement or refund of the service charge relating to the software in question.

9. In no event shall the Company be liable for any damages in connection with or arising out of the use of the Software by any person whatsoever, including incidental, indirect, special or consequential damages, or any damages related to loss of use, revenue or profits, even if the Company has been advised of the possibility of such damages. You expressly agree to such a waiver.

Estimates and payments in advance

10. If the Company quotes you a number of hours to carry out your work, it is an estimate of the time we expect the work to take unless explicitly stated otherwise in writing. The final number of hours and the corresponding service charge you owe to the Company will depend on the actual number of hours the Company works for you.

11. Any service charge paid before the work commences is a payment in advance for work to be carried out and is not an implicit offer by the Company of a fixed price. Payments made in advance are not refundable unless the Company fails to deliver in the agreed time-frame the work it originally agreed at the time of the quote.

Fixed price offers

12. If the Company explicitly offers to carry out work on a fixed price basis, it will do whatever work is agreed at the time the offer is made.

13. When the Company provides you with software that works according to the specifications provided at the time of making the Fixed Price Offer and that software runs with the test data provided by you at the time the Company made the offer, the agreed service charge will be owed by you to the Company.

14. You agree that any changes you request to the software after the Company has made a Fixed Price Offer are outside the scope of the original offer and are subject to an additional servcie charge based on the extra hours worked to provide these changes at the specified hourly rate. This includes any changes required to adapt the software to cope with extra test data provided by you after the time of the original offer.

Software functionality

15. If the database or software developed by the Company does not work according to the specifications and test data you provided to us at the time of the offer, the Company will fix the problem and provide you with a corrected version at no extra charge or, at our option, refund the service charge charged for providing the feature that does not work. 'Not working' means actually failing to carry out the task which the software is specified to do under conditions that are reasonable to expect for normal use by a typical user.

Interpretation of specification

16. If the specification of the software provided by you prior to the Company's making an offer is unclear or ambiguous on how to handle a specific requirement, the Company will endeavour to clarify the specification with you. However, the Company may make a judgement on what is required. Unless it can be shown that the Comapny has not provided a reasonable interpretation of what is required, you agree to accept the Company's judgement of what was required.

Free features

17. Certain features in the software may be provided at no charge ('Free Features'). These features will not be supported and you agree that the Company has no obligations to you in relation to such Free Features.

Resolution of disputes

18. You agree that you will attempt to resolve any and all disputes arising from the development and provision of the software:

In the first instance, by referring the matter to the Board of Directors of the Company.
In the second instance, per the Justice policies and Dispute Resolution procedures of the World Institute of Scientology Enterprises. See the WISE Charter Committee site for more information.

Governing law

19. These Terms and Conditions shall be governed and interpreted by the laws of the State of New South Wales, Australia, without regard to your choice of legal jurisdiction and you expressly agree that the venue for resolution of disputes, if any, arising out of this licence or the performance of the software, shall be in New South Wales.

Severability

20. If a provision of these Terms and Conditions is found to be invalid or voidable, the remainder of this Agreement has full force and effect.