Incub8 Rollout Suite Terms
- Acknowledgement of Terms:
Commencement: The Client agrees to subscribe to the Incub8 plan and adhere to the specified payment schedule. The agreement is effective from the service initiation date.
- Payment Responsibility: The Client is responsible for ensuring the availability of funds for timely payments throughout the plan’s duration.
Pause Your Payments:
- Suspension Option: Clients may request a temporary suspension of their payment plan for up to two weeks annually without incurring additional costs.
- Term Extension: The minimum term of the agreement will be extended by the corresponding suspension period.
Co-Ownership and Ownership Transfer:
- During Agreement: The Incub8 plan’s infrastructure is co-owned by The Client and Noize Pty Ltd.
- Post-Agreement: Upon termination of the agreement, full ownership of the infrastructure transfers to The Client.
Default on Payment and Administrative Fees:
- Late Payment Fee: An administrative fee of $199 is levied for each missed payment to cover additional bookkeeping and accounts receivable costs.
Subscription and Payment Processing:
- Payment Method: Payments are to be made weekly via debit or credit card.
- Processing: All transactions are securely processed through ChargeBee or Stripe.
- Full Payout Requirement: To cancel the Incub8 plan, the Client is obligated to pay the full amount of the proposal as outlined in the initial agreement. This ensures that Noize Pty Ltd is compensated for the resources allocated and work undertaken up to the point of cancellation.
- Written Notice: Cancellation requests must be communicated in writing, clearly stating the intention to terminate the agreement.
- Phased Approach: Our project rollout follows a standardized structure: Strategy > Brand > Communications > Administration > Design > Digital > Audio Visual > Softwares.
- Sequential Completion and Approval: Each phase must be completed and approved before moving to the next. This structured approach ensures a cohesive and efficient project flow.
- Billing for Ad Hoc Work: Any work outside of this standard flow is considered additional to the rollout and will be billed independently. This is to account for the resources and planning required to integrate such work into the ongoing project.
Changes to Scope:
- Client Notification: Any changes to the project’s scope, whether they result in an increase or decrease of work, will be communicated to the Client in writing. This ensures transparency and mutual understanding of the revised project parameters.
- Adjustment of Terms: Following the scope change notification, the terms of the agreement, including costs and timelines, may be adjusted accordingly. The Client will receive a detailed explanation of these adjustments for approval.
- Reversion to Standard RRP: Removing or changing items from the agreed rollout may result in a default back to the standard Retail Recommended Price (RRP) for the entire project.Any discounts applied due to the packaging of services in the rollout will be forfeited. This clause is to acknowledge the value provided in the comprehensive package and the impact of alterations on the overall project economics.
Proposal Modification by Client:
- Written Consent Requirement: Once the proposal has been initiated, any request from the Client to modify the scope or terms of the proposal must be made in writing.
- Noize Pty Ltd’s Approval: Such modifications are subject to the written agreement of Noize Pty Ltd. Approval will be based on the feasibility, resource availability, and impact on the overall project plan and costs.
- Contractual Integrity: This clause is intended to maintain the integrity of the initial agreement and ensure that both parties have a clear and consistent understanding of the project’s scope and deliverables.
Acceler8 Plan Terms
- Notice Requirement: To cancel the Acceler8 plan subscription, a written notice must be provided at least one month prior to the desired termination date, after fulfilling the minimum term.
- Bonus Recalculation: In cases of early cancellation after receiving an upfront bonus, the client is required to pay the full value of the bonus.
- Co-Ownership: The infrastructure managed under the Acceler8 plan is co-owned by the Client and Noize Agency throughout the term of the agreement. The client agrees to cover the costs of any transfers as per Noize Pty Ltd’s standard rates.
- Payment Method: Payments must be made exclusively via debit or credit card on a weekly basis.
- Fee for Non-Payment: A missed payment will result in an administrative fee of $199 to cover the associated bookkeeping and accounts receivable costs.
Plan Pause Option:
- Suspension Option: Clients can pause their plan for up to two weeks per year at no additional cost.
- Term Adjustment: The minimum term will be extended by the duration of the pause if utilized.
Exclusion of Advertising Costs:
- Separate Billing: Advertising costs are not included in the Acceler8 plan and are to be paid directly to the supplier.
Acknowledgement of Terms:
- Acceptance: By subscribing to the Acceler8 plan, the Client acknowledges and accepts these terms, effective from the service initiation date.
General Terms for Noize Pty Ltd
Standard Payment Terms: Upon receipt of the initial invoice, immediate payment is required, serving as a deposit for the project. Subsequent invoices will be issued with a payment term of 7 days from the date of issuance. In cases of late payment, a late fee of 5% per month of the overdue amount will be applied, calculated on a pro-rata basis. This late fee is to compensate for the additional administrative, interest, and other costs incurred by Noize Pty Ltd due to delayed payments.
Changes, Revisions, and Error Rectification: The quoted price includes one round of revisions or changes. This flexibility allows for minor adjustments to ensure client satisfaction. However, additional rounds of changes beyond the first will be subject to additional charges as per our standard rates. Noize Pty Ltd commits to correcting any spelling, grammatical, or factual errors at no extra cost, ensuring accuracy and professionalism in the final product.
Liability and Indemnity: Clients agree to indemnify and hold harmless Noize Pty Ltd, including its directors, employees, and agents, from any claims, damages, or legal actions arising from the services provided. This indemnity covers any liabilities incurred due to the content, design, or execution of the work delivered. Clients are also responsible for ensuring that all marketing and promotional materials comply with relevant regulatory standards and laws, absolving Noize Pty Ltd from any responsibility for non-compliance issues.
Cooperation: Successful project completion relies on mutual cooperation. Noize Pty Ltd commits to diligent service delivery, while clients are expected to provide timely information and feedback to facilitate project progress. Projects that remain inactive or dormant for more than 30 days due to lack of client response or input are reactivated at the discretion of Noize Pty Ltd and may incur a reactivation fee equivalent to 10% of the project value for each month dorment.
Ad-hoc Support and Subscriptions: Services on an ad-hoc basis or ongoing subscriptions require a valid debit or credit card on file. This information will be stored securely in Stripe and Keeper, ensuring efficient billing and service continuity.
Charges for Additional Services: Services or work that fall outside the agreed-upon proposal scope will incur additional charges. These will be billed according to the rates specified in our pricing table, which is available upon request or accessible through our client portal.
Subscription and Hosting Charges: Ongoing costs associated with domain registration, website hosting, and software subscriptions are either billed directly by Noize Agency or through third-party suppliers. Delinquent accounts may result in the suspension of services until outstanding balances are cleared. Clients are responsible for maintaining up-to-date payment information to avoid service interruptions.
Advertising and Management Fees: Our advertising management services are billed at $500 per month or 20% of the total advertising spend, whichever is higher, exclusive of GST. Monthly billing will be conducted through invoice or direct debit, with detailed monthly performance reports provided.
Project Timelines: Project timelines are estimated and subject to change due to various factors such as resource availability, client feedback turnaround, and scope adjustments. Clients will be notified of any significant changes to the project timeline, ensuring transparency and alignment of expectations.
Mutual Confidentiality: Both Noize Pty Ltd and the client agree to maintain confidentiality regarding any proprietary or sensitive information shared during the course of the project. This confidentiality extends to pricing, strategies, and any other information not publicly available. Breach of this confidentiality clause may result in legal action.
Use of Trademarks: The use of company names, product names, logos, and trademarks within project materials will be in compliance with the rights of the respective trademark owners. Noize Pty Ltd does not claim any affiliation with these entities unless explicitly stated.
Portfolio Rights: Noize Pty Ltd reserves the right to display and use any work created for clients in its portfolio and marketing materials, unless otherwise agreed upon in writing.
Performance and Projections Disclaimer: Past performance of Noize Pty Ltd’s services should not be taken as an indication of future results. All forecasts, projections, or simulations are based on assumptions that may not apply to all clients.
Service Suspension or Termination: Noize Pty Ltd reserves the right to suspend or terminate services at its discretion. In such cases, reasonable notice will be provided to the client, along with support for transitioning the services to another provider, if necessary.
Warranty of Authority: By engaging Noize Pty Ltd, clients warrant that they have the legal authority to produce and distribute the materials created. Noize Pty Ltd reserves the right to suspend or withdraw any content that is in violation of legal or regulatory standards.
Severability and Validity: If any clause in these Terms is found to be unenforceable or invalid, it will not affect the enforceability or validity of the remaining clauses. Efforts will be made to amend any unenforceable or invalid clause to reflect the original intention of the parties.
Amendments to Terms: Noize Pty Ltd reserves the right to amend these Terms at any time. Clients will be subject to the most current version of the Terms for any new projects or continued services.