Legal Notice

The use of the website www. octogone.biz and any other means allowing access to Octo Gone, whether present or future (hereinafter together “the Site”) by its members is subject to the conditions of use listed below. By registering and using the Site, members acknowledge having read these terms of use and accept them without any reservation.

LEGAL NOTICE

Publisher identity:

The Site is published by the company OCTO GONE OÜ, whose registered office is at Pludmales iela 27, Saurieši, LV-2118 entered in the commercial and companies register of Estonia, Tartu County under number 16193662.

Hosting:

WP SERVEUR SAS
134 avenue du Président Wilson
93100 Montreuil, FRANCE

TERMS OF USE OF THE SITE

Any total or partial representation, for any purpose whatsoever, of the content of the Site (including photographs, videos, texts, logos, design and construction of the Site) is strictly prohibited and constitutes an infringement in accordance with the provisions of the Intellectual Property legislation.

OCTO GONE OÜ does not warrant that the Site will be free from defects, errors or bugs, that they will be corrected, or that the Site will operate without interruption or failure, or that it will be compatible with all materials without exception.

OCTO GONE OÜ cannot be held responsible for malfunctions attributable to third-party software.

OCTO GONE OÜ cannot be held liable for direct or indirect, foreseeable and unforeseeable damages such as loss of profits or benefits, loss of data, loss of equipment as well as repair, recovery or reproduction costs resulting from the use and/or inability to use the services and content of the Site.

The Site may provide hypertext links to websites published by third parties and references or content (including customer reviews) from other websites. These links, references and contents do not constitute an endorsement or validation of their content by OCTO GONE OÜ, which can under no circumstances be held liable for any damage or injury resulting therefrom.

OCTO GONE OÜ does not have any means of control and monitoring of the referenced sites nor its developments or updates, the provision of hypertext links does not create any obligation of any kind whatsoever.

COPYRIGHT

All original material remains the property of Octo Gone OÜ until Final Payment has been received. Until such time, the Client is prohibited from publishing, reproducing, altering or redistributing any material produced by Octo Gone OÜ. Once final payment has been received the Client secures copyright to the material, however Octo Gone OÜ retains the right to use any portion of the material for self-promotional interests, unless the Client explicitly requests exclusivity in writing, prior to completion of the project. In the event that a project is cancelled before completion by the Client, the Client waives copyright to any and all work completed.

INDEMNITY

Octo Gone OÜ relinquishes all responsibility for legal repercussions that may be incurred on publication or distribution of material by the Client. It is the responsibility of the Client to ensure the accuracy of all content and that all information provided to, or produced by, Octo Gone OÜ is factual and correct. Where Octo Gone OÜ has created original brand/product names or company slogans, Octo Gone OÜ will take all due care to ensure that no existing copyright or trademarks apply, however any applicable search fees will be charged to the Client.

CANCELLATION FEES

By Client:
– In the event that a project is cancelled by the Client after the Client has signed the project authorisation, but prior to commencement of the project, the Client will forfeit their deposit.
– In the event that the Client is required to cancel a project after work has commenced, the Client will forfeit their deposit and be obliged to pay for all work completed to date within 14 days (2 weeks). Discounts and exemptions will not apply.
By Octo Gone OÜ :
In the event that Octo Gone OÜ is required to cancel a project, the Client will be under no obligation to make payment for any work not completed. Any monies already paid (including the Client’s project deposit) will be refunded in full to the Client within 14 days (2 weeks). Should the Client wish to use any completed material and secure copyright to that material, the Client may pay for all or any work completed to date in accordance with the standard payment terms.

RUSH FEES

Any work deemed urgent and required to take priority over other projects will be subject to a Rush Fee charged at 30% of the full fee rate of the Total Quote. If the project is deemed urgent partway through completion of the project, a Rush Fee of 30% will apply to the remaining portion of work to be completed.

RETAINER FEES

Retainer payments are required to be paid in advance on a monthly basis. Projects exceeding the agreed upon hours of the retainer agreement will be charged at the nominated project rate, subject to these Terms & Conditions.
– Should the Client cancel the retainer contract prior to the term of the retainer period, the Client will be liable to pay out the remainder of the retainer contract within 14 days (2 weeks).
– Should Octo Gone OÜ cancel the retainer contract prior to the term of the retainer period, the standard monthly fee will be refunded, less any work already completed to date within 14 days (2 weeks) of cancellation.

PAYMENT TERMS

– Unless prior arrangements have been made, all projects exceeding $200 are subject to a minimum pre-payment of 50% of the total job cost prior to Octo Gone OÜ commencing any project. Jobs less than $200 require full payment in advance.
– The Final Invoice, for which payment is required to Transfer Copyright to the Client, will be issued:
– Once the copy has been approved by the client; OR
– The first draft has been completed and provided by Octo Gone OÜ AND
– The client has not provided any feedback or changes to the copy within 21 days (3 weeks). In this instance, it will be assumed the work has been accepted as complete and the project will be closed. Further edits required after this period will need to be formally rescheduled.
– EFT is the preferred payment option and account details will be issued on your invoice.
– Cheque or PayPal payments may only be made by prior arrangement. Standard PayPal transactions fees will apply.
– Final accounts which are more than 30 days overdue will be referred to a debt collection agency, with all recovery fees payable by the Client unless alternate arrangements have been made in writing prior to the account falling 30 days in arrears.