Policy

XHTMLized Policies to give you peace of mind

This agreement sets out the terms on which customers (#) appoints XHTMLized to undertake the services described on XHTMLized.com.

 The below Schedule, which forms part of this agreement, sets out information that XHTMLized is required by law to disclose to #.

Consultancy

# will instruct XHTMLized from time to time to undertake new Projects and unless otherwise agreed in writing, the terms of this Consultancy Agreement will apply to each Project.  At #’s discretion, prior to XHTMLized commencing each Project, the parties will agree via XHTMLized project management system (a) the scope of the work to be undertaken by XHTMLized in an Project and (b) a Fixed Fee Cap for that Project.  Unless otherwise agreed, professional fees will be charged according to the hourly rates set out in the Schedule to this Agreement.

Fixed Fee cap Policy

The Fixed Fee Cap includes fees for services provided by XHTMLized in undertaking the Project but does not include disbursements which must be paid separately.  Unless otherwise agreed in writing, the Fixed Fee Cap is the maximum amount payable by # to XHTMLized in return for undertaking the Project.   The Fixed Fee Cap may be amended by agreement if there is a change in the scope of the Project.

Satisfaction Guarantee Policy

If on receiving an Invoice, # is not happy with the value received from XHTMLized, then at that time, # may in its sole discretion decide how much to pay XHTMLized (if anything) for XHTMLized’s services in undertaking the Project.  In order to invoke this Guarantee, # must first explain to David Rosen (or another agreed Director of XHTMLized) the reasons for this decision in a manner such that XHTMLized can learn from them. 

Notwithstanding invoking the Guarantee, # must pay any out-of-pocket disbursements incurred by XHTMLized in undertaking the Project but only to the extent that # had previously agreed to pay.  Examples of disbursements include (but are not limited to): barrister’s fees, searching fees, or government fees (such as those from an intellectual property office) or invoices from attorneys in one or more jurisdictions.

Confidentiality Policy

XHTMLized must maintain strict confidence in any Confidential Information provided by # to XHTMLized pursuant to the Consultancy.  XHTMLized may disclose Confidential Information if compelled to by law, or other professional duty provided that XHTMLized must do so in confidence (wherever possible) and first provide # with prior notice in sufficient time to allow # to obtain urgent interlocutory relief in relation to the potential disclosure. 
Confidential Information does not include any information that at the time it is provided by # to XHTMLized is (a) already in the public domain or (b) already in XHTMLized’s possession (provided that such information is not in XHTMLized’s possession as a result of a breach of confidence by any person which is actionable by #).

Invoice Policy

Unless otherwise agreed, XHTMLized will render itemised invoice(s) in relation to each Project to #. Projects paid upfront will receive an invoice generated as soon as they are paid. Other Projects will receive an invoice as soon as practicable after completion of each Project (or completion of a stage of the Project) and otherwise as soon as practicable after the end of each calendar month. 
# agrees to pay invoices within 14 days of receipt.

Privacy Policy

XHTMLized warrants that it will comply with all relevant privacy legislation in conducting Projects. Read more on our Privacy Policy.

Termination Policy

# may at any time terminate this Consultancy Agreement in writing with immediate effect and at such time may elect either to (a) invoke the Guarantee in relation to any current Project(s), or (b) pay XHTMLized pro rata for the work undertaken in relation to any current Project(s) up to the date of termination.

Disclosure

# hereby waives any requirement that XHTMLized must re-disclose the subject matter of this agreement each time a new Project is commenced.  (Such disclosure is required under the Legal Profession Act 2004, but may be specifically waived pursuant to that Act.)

Entering this agreement

By submitting a project to XHTMLized signifies #’s consent to the terms contained herein.