All Web Development (including design, development and hosting), all film, video and photography production and all written work is conducted under our normal terms and conditions of trade. These include the following:
Ownership of code
As per Australian Copyright Law, all copyright in all programming code remains with the author (October Productions). Unless otherwise expressly agreed in writing, all ownership of all code developed by October Productions remains with October Productions. No duplications, modifications, changes or other uses are allowed without express written permission from October Productions. October Productions actively pursues breaches of its copyright and unauthorised use or modification of code owned by October Productions. (For legal reference, see “Does My Business Own the Software it is Having Developed?” )
“Code” includes all layout, design and programming code (including, but not limited to, HTML, CSS, Javascript, jQuery, PHP and Perl code).
Without a written agreement stating otherwise, clients are paying solely for a license for the limited right to use the developed code; they are NOT paying for ownership of the code. This right to use can be revoked (see, for an example, “Non-payment options” below).
Film, video and Photography
In agreement with and in addition to its rights under Australian Copyright Law, unless otherwise clearly and mutually agreed in writing beforehand, October Productions retains full ownership and rights to all raw footage and files and all edited images and videos. Further, October Productions will not share raw footage or raw image files with clients, and reserves the right to continued ownership and use of these files in perpetuity. October Productions reserves the right to use all raw files, raw footage, edited files and edited videos as it sees fit, including the right to use these assets to promote itself, its services and its work and the right to share its work with an audience.
In accordance with Australian Copyright Law, and in expression of its rights under that law, October Productions retains all ownership of and all rights to all written work, including scripts and other written content, unless expressly transferred to another party under contract.
Invoices
All invoices are due and payable within fifteen days of the date of the invoice. Failure to pay by the due date will trigger a pause in any further development for that client and may result in October Productions charging an additional accounting fee, or even initiating non-payment options. Payment can be made by credit card, PayPal or direct bank transfer – details are on the invoice.
By default, October Productions work is billed in one-hour increments or blocks (ie, a requested task that takes anything up to one hour to perform will be billed as if it took one hour). October Productions may, at its absolute discretion, reduce this to 30-minute-increments or blocks for regular or special clients. Multiple tasks requested at different times within the same working day or in the same job brief will normally be accumulated before the increment is applied (eg, three ten-minute tasks will be billed as 30 minutes), but tasks requested across different days or in different briefs are not (the increment applies to each separate task).
Non-payment options
Non-payment options may include (but are not limited to):
- Removal of custom functionality of a website related to the unpaid invoice
- Revoking the right to use and/or removal of code owned by October Productions (See “Ownership of code” above)
- Changing passwords, modifying/removing access or changing content
- Switching off or suspending web hosting for a website related to the unpaid invoice
- Assuming ownership of domains, sites or other assets either in lieu of payment or as a penalty for late payment
- Use of debt collection services
- Other options as may be deemed appropriate
Other
October Productions does not guarantee (or even consider) compatibility with old or unsuppported technologies such as Netscape or Internet Explorer.
