Gerard Dunning

Contracted Rates

Daily Engagement:

• Base Rate: AU$750. Data Processing, Document Production, Contracted Support
• Standard Rate: AU$900. Consultancy, Analysis, Development, Media Production

Other Rates:

• Retention of Services: AU$800 per billing cycle (14 days)
• Voice-Over Services via Voices.com
• Other rates or services by negotiation

Hourly Rates:

Daily Engagement Rates can be contracted or consumed hourly, up to a maximum of 4 hours, per calendar day at 15% the Day Rate per hour. Any time contracted or consumed beyond 4 hours in the same calendar day is charged at the full Day Rate.

A maximum of 8 hours are available under the Daily Engagement Rate with any additional time contracted or consumed charged at an additional 20% of the Engagement Rate per hour, rounded up to the nearest full hour.

• ABN : 44 307 959 263
• Business Name: Gerard Dunning
• Business Type: Sole Trader

Terms & Conditions

1. All Contracted Development is for the development and supply of Compiled Run-Time Solutions targeted for the agreed Platform or Operating System unless otherwise agreed in advance
2. Contracted Development does not permit access to Source Code or associated Development Licenses without prior arrangement or quotation
3. Contracted Development does not account for ongoing Support beyond the initial release specifications. Support must be contracted separately
4. Support is strictly considered to be the contracted maintenance of existing, delivered services only. Anything outside of this scope, including new functionality is considered to be Development and attracts the Standard Rate
5. Retention of Service guarantees availability only. It does not include facility for any work (Documentation, Analysis, Support or Development, etc) conducted under any Daily Engagement Rate which will be charged additionally
6. Retention of Service does not imply specific availability outside of agreed scope. Agreed availability cannot be carried over or accumulated if unused
7. Retention of Service is required to guarantee the maintenance and storage of source code, related documentation, development environment and associated Licenses
8. Creative Production includes Web Design, Graphics Design, and Audio/Video Production
9. Daily Rates and Hours are considered to be within the same calendar day
10. Any time consumed within an standard Hour period is charged as a full Hour
11. Consumed time includes any Engagement by phone, email, virtual space, in-person, or as agreed
12. Any agreed Expenses incurred are charged in addition to the Rate
13. Additional 3rd Party Licensed Material or Software required in Development will be billed in addition to the Rate
14. Agreed Car Travel is charged as an expense at $0.74 per Kilometer traveled in addition to the Rate
15. Any applicable Tax is charged in addition to the Contracted Rate
16. All Services are provided as either Vendor or Contractor (Sole Trader)
17. All Services (including expenses) will be invoiced upon completion or every 14 days, whichever is earlier
18. Standard Payment Terms are 30 days from invoice date unless otherwise agreed prior to commencement
19. Non-payment or late payment of invoices will incur an additional fee, invoiced separately
20. All Rates are quoted in Australian Dollars unless stipulated otherwise
21. Unless by prior arrangement, or architectural requirements, all delivered software is governed by the following End User License Agreement:

End User License Agreement (ELUA)

IMPORTANT-READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single corporate entity) and Gerard Dunning (ABN 44 307 959 263) for the use of the software accompanying this EULA and additional software downloaded and installed, which includes computer software and may include associated media, printed materials, and online or electronic documentation (“SOFTWARE PRODUCTS” or “SOFTWARE”). By exercising your rights to make and use copies of the SOFTWARE PRODUCTS, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCTS.

SOFTWARE PRODUCTS LICENSE

The SOFTWARE PRODUCTS are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCTS are licensed, not sold.

GRANT OF LICENSE

This EULA grants you the following rights:

PER SEAT LICENSE

Installation and Use. You may install and use a copy of the SOFTWARE PRODUCTS on a single computer. Optionally you may store or install the SOFTWARE PRODUCTS on a storage device, such as a network server, to run the SOFTWARE PRODUCTS on your computer or your other computers; however the same license may not be shared or used concurrently on different computers or servers. Sufficient licenses must be acquired for each shared or concurrently used SOFTWARE PRODUCTS.

LICENSE ADDITIONS OR AMENDMENTS

Installation and Use. Additional concurrency may be granted for a defined "site" which may increase the Per Seat Limitation. Additional Terms, forming an addendum to this EULA, will be listed on the relevant Invoice, and will become effective once paid in full. Such Invoices must be retained and produced along with this EULA to support the installations and their respective locations in effect.

DISTRIBUTION

Reproduction and Distribution. You may not reproduce or distribute the SOFTWARE PRODUCTS except to make backup copies, or to install as provided for above.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

Limitations on Reverse Engineering, Recompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCTS, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Software Transfer. You may not transfer part or all of your rights under this EULA to another party.

Termination. Without prejudice to any other rights, Gerard Dunning may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCTS and all component parts.

COPYRIGHT

All title and copyrights in and to the SOFTWARE PRODUCTS (including but not limited to any images, text, and "applets" incorporated into the SOFTWARE PRODUCTS), the accompanying printed materials, and any copies of the SOFTWARE PRODUCTS are owned by Gerard Dunning. The SOFTWARE PRODUCTS are protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCTS like any other copyrighted material.

LIMITED WARRANTY

NO WARRANTIES. Gerard Dunning expressly disclaims any warranty for the SOFTWARE PRODUCTS. The SOFTWARE PRODUCTS and any related documentation are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCTS remains with you.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Gerard Dunning or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCTS, even if Gerard Dunning has been informed or is put on notice of the possibility of such damages.