Genghis Can

Terms and Conditions

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These terms and conditions are the template from which we work. The Client agrees to these terms, upon hiring us – and we agree to complete the work, according to these terms. They constitute our mutual contractual agreement. If you have any questions concerning them, please just ask.

Commencement of work

Work will begin upon receipt of one third of the agreed fee, as a deposit, for Singapore based jobs. The entire fee will be required, in advance, for overseas requests. In addition, a detailed set of instructions will be needed, as to the work to be done. Work can only commence once this is finalized. An approved purchase order must be provided by the Client.

Genghis Can will provide one copy of the work, in whatever form or medium is agreed, by the date required. Upon submission of this, a further one third of the fee is to be paid by the Client.

The Client reviews the work

Upon receiving the work, the Client is to review the work during an agreed period. It is the Client’s sole responsibility to ensure the accuracy of the document.

The Client is to respond by either formally accepting, rejecting or requesting a revision of the work.

Genghis Can reserves the right to advise on the appropriateness of rejection of the work, in the light of our professional understanding. Furthermore, we reserve the right to accept or reject any rejection of the work.

Revision of the work

Revision constitutes changes to the submitted work, that remain within the context of the original instructions. If the original instructions are changed, this does not constitute revision, but is regarded as a new job order.

Genghis Can will revise the submitted work, upon receipt of detailed written instructions from the Client. Genghis Can will revise through two revision cycles only. We are not obliged to perform a third or further revision and it remains at our discretion whether or not to do so.

Revisions will take place according to an agreed timetable with the Client. The revision is to be reviewed, by the Client, then accepted, or submitted for further revision.

Acceptance of the work

Acceptance of the work is the agreement by the Client that the work is as required and satisfies the Client’s aims. Acceptance is final. Should further revisions be requested at a later date, Genghis Can reserves the right to regard this as a new job.

After acceptance of the work

Genghis Can strives to ensure accuracy in all that it does. However, final responsibility for accuracy rests with the Client. Should any error be found after final acceptance, all costs that may be incurred are solely the Client’s responsibility to bear.

The Client undertakes to indemnify Genghis Can against all costs, damage, expenses, or loss arising from any error in work that has been accepted, or in any other way whatsoever. Such costs are to be borne by the Client.

Quality control

Genghis Can will correct all documents submitted by the Clients for copywriting, editing and proofreading tasks. Corrected proofs will be returned to the Client in an agreed period.

To carry out our work effectively, the Client agrees that Genghis Can has the right to make changes to the documents, to achieve the mutually agreed aims of the work in hand.

Legal Costs

Should the Client believe that their document needs to be vetted by legal counsel, then all such costs are to be borne by the Client and the Client alone.

It is the Client’s responsibility to ensure that there are no legal liabilities arising from the document and all attendant costs for ensuring this are to be borne by the Client alone. At no time is Genghis Can responsible for legal issues arising from the document and work upon it and the Client undertakes to be responsible for all related costs. The Client undertakes to indemnify Genghis Can fully from and against all legal actions, claims, damages, proceedings, costs (of any kind), awards or any other form of penalty or legal consequence arising however indirectly or directly from the work performed for the Client, as a result of any proceedings by a third party against Genghis Can, as a result.

The schedule of payment

Genghis Can shall invoice the Client for the balance of payment attendant on completion of the work, at the time of initiation of the contract.

The Client undertakes to pay Genghis Can the balance of monies within two weeks of the invoice date – or the completion date of the work, should that be later.

Copyright transfer

The entire copyright in the work done is the property of Genghis Can until such time as all monies have been paid, in full, for the completion of the work. At this time, copyright shall be assigned to the Client.

Note that physical possession of a copy of the work, from Genghis Can, does not give the Client any rights to use the work, until full payment has been made for it, to Genghis Can.

Genghis Can respects copyright and will not use any images or other materials provided by the Client for the work, for anything but the work of the Client – unless written permission has been sought and received from the Client.

Confidentiality

Genghis Can undertakes to maintain full confidentiality of the work of the Client. No information concerning the work in hand or business of the Client, or this contract, shall be imparted to any third party.

Dispute Resolution

Should there be any dispute arising over any material breach of the contract, by either party, including payment by the Client, to Genghis Can, then the matter is to enter negotiation.

Negotiations shall, initially proceed between the Client and Genghis Can for a period of up to two weeks, in good faith. Should a resolution not be obtained then an alternative dispute resolution will be sought through the Singapore Mediation Centre and its recommendations.

All negotiations are without prejudice to the rights of either the Client or Genghis Can in any future proceedings.

Should no agreement be reached by one month from the beginning of negotiations (or any other time mutually agreed), then either party may seek appropriate legal remedy – or find an external mutually agreed arbiter whose decision shall be final and binding on both parties.

Should the Client lose in any action, claim, proceeding or demand against Genghis Can, then the Client is liable for and agrees to pay all costs arising to Genghis Can.

Circumstances under which the termination of the contract may occur

Should the Client fail to keep to this agreement and has not fulfilled its obligations, Genghis Can will notify the Client of this failure or omission. If the failing is not remedied within one month, Genghis Can has the right to terminate the contract by notifying the Client in writing.

Upon this termination, the rights of either party that may have accumulated up until this time are unaffected. However, all rights transferred to the Client, by Genghis Can, pertaining to the contract, shall return to Genghis Can upon its termination.

Genghis Can shall receive all monies owing, under the terms of the contract, for work done upon it, up until the moment of termination. Furthermore, Genghis Can is entitled to make a legal claim for it.

Genghis Can’s reserved rights

Genghis Can reserves the right to alter these terms and conditions of the contract, at any time, without notice to the Client – though these new terms will be available for review.

The standard contract

These terms and conditions constitute Genghis Can’s standard contract. They are the full description of the agreement between Genghis Can and its Clients.

The Client accepts that unless any variation in the above terms has been agreed in writing, that the above terms stand as the full agreement between Genghis Can and the Client.

Jurisdiction

Both Client and Genghis Can agree that this contract is to be carried out and understood in agreement with the laws of Singapore. Both parties agree to the sole jurisdiction of the courts of Singapore.

Late payment

Should the Client be late in paying, at any stage in the payment cycle, the Client will be liable to a 1.5% interest charge per month, or part thereof, that the client is late in paying. This charge is cumulative.

Genghis Can is a Trademark of Company Reg. 53109318B