By clicking “Next”, you as an individual or your company, which you are a duly authorised signatory and herein after described as the “Client” has retained Copyright Sheriff to proceed with the requested services, and agrees to the terms and conditions as set forth in this Agreement:
Intent – Copyright Sheriff is a service to protect original artists and rights holders in relation to enforcing Copyright, Design, Trade Marks and Patents at a reasonable cost. As such you the Client must be the originator or hold IP Rights over the material we seek to Enforce.
Laws – Copyright Sheriff relies on a variety of laws applicable in various jurisdictions, however, we are not a Law Firm or Attorneys and do not represent ourselves as being so. If IP Specialist Legal Firms require retaining, we will advise that your issue is outside of our capabilities and we may recommend a specialist firm for you to engage directly.
Services – All Services and Pricing are listed in Schedules 1 to 3 at the end of this agreement. All recurring services are on a monthly basis paid via Credit Card or Paypal and are non-refundable. Letters and actions once instructed are paid upfront via Paypal and are non refundable.
Action - Once a breach of Copyright has been identified by the Copyright Sheriff monitoring service, the Client will be notified via standard reporting. To commence action at the rates per letter above, the Client will nominate infringers for each form letter and be billed in advance for the service prior to the letter being sent. Monitoring will reveal when the infringer removes copyrighted material and if the material is not removed then the Client will be notified of further action that Copyright Sheriff can take on the Client’s behalf.
Additional Work - Client understands additional work beyond the scope of this Agreement must be negotiated separately and may require a separate Agreement. Services requested by Client and provided by Copyright Sheriff that do not fall within the scope of this Agreement will be billed separately at the full standard hourly rate of $US 50 per hour according to service category with payment due upon receipt.
Client Responsibilities - Client understands that Copyright Sheriff is not an employee, and that this will be a collaborative, professional relationship of equals where mutual professional respect, courtesy and consideration are expected. Due to the virtual nature of the relationship, Client understands the importance of communication, especially via email, and agrees to respond to questions, requests and communications from Copyright Sheriff in a timely manner. Client understands that Copyright Sheriff is a business with other clients to serve, and requires fair, realistic notice in order to attend to requests and projects. Poor planning or miscommunications on the part of the Client will not constitute an emergency for Copyright Sheriff. Client understands that Copyright Sheriff may require detailed clarification of projects in order to meet expectations and provide the best support and highest quality work.
Projects Completion - Basic support is given within 2 Business Days. Each new or special project requires a minimum 7 days lead time. Client will provide sufficient notice and allow for reasonable timeframes for project completions.
Materials & Information - Client will provide all content, outlines, photos, project images, etc., necessary for any special projects. Source material must be clear and legible. Client is responsible for furnishing all pertinent information, and for furnishing accurate, truthful and complete information necessary for Copyright Sheriff to perform or complete the agreed services or project.
Expenses - Expenses incurred on behalf of Client are not included in any fees and will be billed to Client. Reimbursable expenses may include, but are not limited to, office supplies, mileage, long-distance telephone charges, payments made to vendors, and shipping and handling costs. On-site visits will be billed for meeting time, roundtrip travel and mileage. Payment is due upon receipt.
Accuracy - Client assumes full responsibility for acceptance of work or services performed and agreed upon, as well as final proofing and accuracy. Copyright Sheriff is not responsible for errors or omissions.
Payment Options - Personal or business checks are not accepted for payment, Cleared EFT Funds transfer to our bank most credit cards are accepted through PayPal, our online payment vendor.
Lien - All materials or property belonging to Client, as well as work performed, may be retained as security until all just claims against Client are satisfied.
Accuracy of Information - Client agrees that the accuracy of information supplied to Copyright Sheriff is the sole responsibility of Client, and that Copyright Sheriff is not responsible and shall not be held liable for the results of services performed on the basis of inaccurate, incomplete or untruthful information furnished by Client.
Indemnification/Release of Liability - Client shall indemnify, defend and save Copyright Sheriff harmless from any and all suits, costs, damages or proceedings, including, but not limited to, Copyright Sheriff’s services, pertaining to any and all litigation in which the Client is a party. Client shall pay all expenses incurred by Copyright Sheriff including, but not limited to, all legal fees, costs and expenses incurred should Copyright Sheriff be named a party in any litigation to which Client is a party. Client shall further indemnify and hold harmless Copyright Sheriff and its agents, officers and directors from liability for any and all claims, costs, suits and damages, including attorneys’ fees arising directly or indirectly out of or in connection with the operation of Client, and from liability for injuries suffered by any person relating to the Client. This agreement to indemnify Copyright Sheriff is not limited to any acts or omissions, statements or representations made by Copyright Sheriff in the performance and/or nonperformance of Copyright Sheriff’s duties hereunder and relating to all contractual liabilities, which may be alleged or imposed against Copyright Sheriff. All reasonable precautions will be taken to safeguard the property entrusted to Copyright Sheriff. In the absence of negligence, however, Copyright Sheriff will not be held liable for loss, destruction or damage of any kind resulting from items which are lost or delayed in transit, whether such transit is electronic, fax, mail or otherwise, nor for unauthorised use by others of such property. Copyright Sheriff will not be held liable for any incidental, consequential or indirect damages, including without limitation damages for loss of profits, business interruption, loss of information, plagiarism, etc. Copyright Sheriff will not be held liable for typographical omissions or errors.
Termination - Subscription or Services may be terminated by either party for any reason with 10 (ten) days advance written notice of intent to cancel. Subscription fees are due in full for the intended month of cancellation regardless of when a termination is notified.
Expiration & Modification - This Agreement shall remain in effect until such time as one or the other Party provides written notice of cancellation. This Agreement may be modified or amended as necessary after negotiations initiated by either Party. If agreement is reached, only a written instrument signed by both Parties will modify or amend this Agreement.
Additional Provisions - This Agreement shall be governed by and construed according to the laws of the State of Queensland, and shall not be construed against the drafter. The parties agree that any suit or action relating to this Agreement shall be instituted and commenced exclusively in the federal or state courts in Brisbane QLD, and the parties hereby waive the right to change such venue and hereby consent to the jurisdiction of such courts. Any liability on the part of Copyright Sheriff as determined by a court of law will be limited to an amount not to exceed one month’s retainer. If Copyright Sheriff must bring suit or other action to collect on unpaid invoices or seek remedy of any other breach of contract, Copyright Sheriff shall be entitled to an award of costs, reasonable attorney’s fees and interest at the maximum rate permitted by law in addition to any other relief awarded.