Open Source software is widely developed and used within the professional software developer community. It is available to be used by anyone at no cost, yet has the benefit that it is constantly being updated and supported by the Open Source developer community. EmpireOne is strong supporter of and contributor to the Open Source movement and is able to pass on the benefits of Open Source software to its own customers.
You (the customer) should be aware that because we (EmpireOne) use Open Source software extensively in most of our work, you can’t own (hold the Intellectual Property in) it. You are however granted unrestricted use in the same way that all users of Open Source software have to right to use it for any lawful purpose.
We solve problems and add value for you by ‘gluing’ the best Open Source software together and enhancing it to best meet your needs. Typically there will be two major parts of any work we do – what we call the front-end design and presentation logic and the back-end logic and integration.
Unless otherwise agreed to, the Intellectual Property for the front-end developed during your software project is your property once all invoices have been paid in full The back-end developed during your software project is the property of the EmpireOne Group and you are granted an unlimited and unconditional license to use it (but not customize, adapt or develop it) for lawful commercial purposes.
Because EmpireOne uses an agile approach to software development, large amounts of documentation are not produced. The main method for documenting and agreeing on your needs for the software project is through User Stories – which you supply to us at the commencement of a project.
EmpireOne warrants that the Software we develop for you during your software project will operate in all material respects in conformity with the written User Stories supplied by you and agreed to by EmpireOne.
As with all business relationships it is important to protect those aspects of our respective organisations that are commercially valuable and Confidential. Inevitably some of this valuable information will be shared with each other during business meetings, in e-mail exchanges or in other ways.
Confidential Information includes all information concerning an organisation, its business strategy and operations, finances, transactions or any other information unless such information is already in the public domain by lawful means. Each Party must not, without the prior written approval of the other Party, disclose the other Party’s Confidential Information unless it is required to do so by law.
It is normal for an agreement between organisations to cease in the event that one of those organisations goes out of business.
All agreements between EmpireOne and you are terminated if either party enters into any form of insolvency administration, including liquidation, bankruptcy, receivership, and voluntary administration or if you are at any time in default under these terms.
If EmpireOne is providing Support services to you, it warrants that it will provide the support services with due care and skill and in accordance with accepted industry standards.
If EmpireOne assists you to find Hosting services for your business, it will not be liable for the performance of or acts and omissions of the hosting service provider.
If EmpireOne is providing Consulting or Professional Services to you, it will provide these services with due skill and care to the best of its knowledge and expertise; ensure that all personnel employed or engaged are suitably qualified and experienced to carry out their respective duties and use reasonable commercial efforts to provide the services in accordance with the proposal or agreement for services.
In order for EmpireOne to be able to do its job properly it will need your help, after all we’re trying to solve a problem or find a solution for you. We request that you provide EmpireOne with reasonable access to your personnel and information; and provide all reasonable assistance to EmpireOne as is necessary to enable EmpireOne to provide the software development, consulting or professional services to you.
EmpireOne issues commercial invoices on a monthly basis with payment terms of 14 days. All unpaid invoices are subject to a monthly 10% account service charge. Additionally, a $500 administration fee will be charged, all discounts applied will be retrospectively voided and you will be responsible for debt recovery costs should we require to engage a collection agency.
We take responsibility for ensuring that we deliver what we promised to deliver. Should we not deliver what we promised and the cause is entirely due to our poor performance we would either re-supply the services or make payment of the cost of having the services re-supplied at our option.
All agreements between EmpireOne and you are governed by and construed according to the law of New South Wales, Australia.
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