Quote Terms

Wingmen Standard Terms and Conditions

1. This quote includes these terms and conditions, and any other additional terms and conditions agreed in writing between the above-mentioned client (“Client”), as stated under the “Bill To” field of this quote, and Wingmen (“Wingmen”).

2. This quote is valid for fourteen (14) days from the date of this quote. Acceptance of this quote by the Client shall be deemed to be acceptance of these terms and conditions as well.

3. Payment terms: 50% upon confirmation. 50% upon completion of project under this quote (“Project”). Payment to be made by Client upon delivery of Wingmen’s invoice.

4. All applicable GST, withholding taxes and any other taxes are additional and are the sole responsibility of Client.

5. A finance charge of 3% per month will be levied for all overdue invoices. Client agrees to reimburse Wingmen for Its costs and/or legal fees reasonably incurred in reminders and/or enforcing collection on past due undisputed invoices. In the event that overdue invoices are not paid in full for more than three (3) months, Wingmen reserves the right to immediately suspend or terminate the Project by written notice to the Client, without prejudice to Wingmen’s rights and remedies.

6. Wingmen charges Client for expenses (not listed above) involving third party vendors contracted by Wingmen for the purpose of performing work on behalf of the Client. Third party cost will be evaluated and charged separately according to Client’s requirements and specifications. All third party cost will be estimated in advance for Client approval.

7. Out of pocket expenses shall be additionally reimbursed by Client and include (without limit) local calls, couriers, duplication and international travel (if any).

8. Any alteration by the Client of project specifications or requirements may result in price changes and may affect date of completion.

9. All additional costs that exceed the original estimate will be quoted to Client in writing before the costs are incurred.

10. Wingmen does not have the authority to exceed this quote without Client’s approval.

11. Wingmen will use its best efforts to meet the completion date of the Project subject to the timely provision of information and support required to complete the project from Client. Client will be given reasonable notice should an extension of the completion date be required. Wingmen will not be liable nor responsible for any delays or extension of the completion date of the Project except where such delays result from the default or negligence of Wingmen.

12. In the event of a delay of the Project on the part of the Client for more than thirty (30) days, Wingmen reserves the right to invoice Client, and the Client shall pay for all work completed and expenses incurred to date.

13. Wingmen reserves the right to terminate the project with reasonable cause by thirty (30) days written notice to Client. All works that have been completed up to the last date of the written notice shall be handed over to Client and Wingmen shall invoice for the work done accordingly.

14. Client represents and warrants to Wingmen that it has, and hereby grants to Wingmen, sufficient rights in all materials, images, copies, products, photographs and documentation provided to Wingmen for completion of the Project and for proper and permitted use on the Internet (where applicable).

15. Where Client has fully paid for concept development for any piece of work to be produced or designed by Wingmen for the purpose of the Project, all intellectual property rights in that piece of work shall belong to Client, unless otherwise agreed to in writing by Client, and Client hereby grants to Wingmen a non-exclusive right to use, reproduce or publish such work (and to authorise or licence others to do so) in any and all media worldwide solely for the purposes of advertising, marketing and promoting Wingmen’s services, and for the full period or periods of copyright protection, including all renewals, reversions and extensions. Where Client has not fully paid for concept development for any piece of work to be produced or designed by Wingmen for the purpose of the Project, the entire right, title and interest in and to any intellectual property rights in such work will be owned exclusively by Wingmen, and Client hereby waives all rights to any of these intellectual property rights inclusive of all moral rights and like rights that may be recognised in any part of the world to the fullest extent permissible under law.

16. In the event of cancellation of this Project by Client after endorsement of quotation, ownership of all rights and the original works and documents produced by Wingmen shall be retained by Wingmen. A cancellation fee for work completed, based on the contracted price and all expenses already incurred, or 50% of the entire quotation, whichever is higher, shall be paid by Client.

17. Notwithstanding Clause 15 of these terms and conditions, Wingmen shall be entitled to retain and use copies of the finished works for the Project for promotion and marketing of Wingmen’s services.

18. This quote and any information provided by Wingmen to the Client (“Confidential Information”) are confidential and proprietary to Wingmen. The Confidential Information is submitted or otherwise made available to Client by Wingmen strictly for the purposes of Client conducting business with Wingmen only. Confidential Information may not (whether it whole or in part) be copied (electronically, or photocopied), disclosed to, revealed or distributed to third parties and/or used for any other purposes without Wingmen’s prior written consent.

19. Wingmen shall not be liable for any delay or failure to perform its obligations for the Project if such delay is due to any event beyond Wingmen’s reasonable control (“Force Majeure”). If a delay or failure by Wingmen to perform its obligations is caused or anticipated by Force Majeure, the Wingmen’s performance of its obligations will be suspended for the duration of the Force Majeure. If such delay or failure exceeds sixty (60) days, either Client or Wingmen may immediately terminate the Project on providing notice in writing to the other party.

20. No warranty, condition, term, undertaking or representation of any kind, express or implied, statutory or otherwise is given by Wingmen. In no event shall Wingmen be liable for any loss of business, profits or goodwill or anticipated savings or any indirect or consequential loss, damage, cost or expense of any kind whatever and however caused, whether arising under contract, tort (including negligence) or otherwise. No third party shall have any rights against Wingmen in relation to the Project or the subject matter hereunder.

21. In any event, Wingmen’s total liability (whether in contract, tort, including negligence, or otherwise) under or in connection with the Project or the subject matter hereunder or based on any claim for indemnity or contribution shall not exceed in aggregate of the total charges quoted hereunder.

22. Nothing herein stated shall affect either party’s rights and liabilities accruing prior to the date of termination. Clauses 15 to 23 of these terms and conditions shall survive and continue after the date of termination.

23. The terms and conditions governing the Project shall be governed by and construed in accordance with the laws and regulations of Singapore. Any modification or amendment to this Agreement shall not be valid unless made in writing and signed by duly authorized representative of both parties. Any failure or delay by Wingmen to enforce compliance with any term or condition of the Project shall not constitute a waiver of such term or condition.