13
DEFINITIONS
13.1
Business Day means a day which is not a Saturday, Sunday or bank or public holiday in New South Wales, Australia.
13.2
Claim/Claims includes a claim, notice, demand, right, entitlement, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award, damage, loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute, whether indirect, incidental, special, consequential and/or incidental, and whether involving a third party or a Party to the Terms or otherwise.
13.3
Commencement Date means as set out in the Quote.
13.4
Confidential Information includes confidential information about you, your credit card or payment details, and our business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, technology, and other information of either Party whether or not such information is reduced to a tangible form or marked in writing as "confidential".
13.5
Deposit (if any) set out in the Proposal.
13.6
Expenses/additional costs (if any) are detailed in the Proposal.
13.7
Fees are set out in the Proposal.
13.8
GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.
13.9
Intellectual Property includes any and all present and future rights to intellectual and industrial property throughout the world, and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), patents, improvements, registered and unregistered trademarks, designs, any corresponding property rights under the laws of any jurisdiction, discoveries, circuit layouts, trade names, trade secrets, secret processes, know-how, concepts, ideas, information, processes, data or formulae, business names, company names or internet domain names, and any Confidential Information.
13.10
Moral Rights means the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity of authorship, as defined in the Copyright Act 1968 (Cth).
13.11
Party and Parties means a party or parties to these Terms.
13.12
Proposal means the Proposal to which these Terms are attached.
13.13
Services are set out in the Proposal.
13.14
Special Conditions means the special conditions, if any, detailed in the Proposal.
13.15
Terms means these terms and conditions.
13.16
Variation means amended or additional services, including but not limited to changes to the Proposal, Services, or Fees.