a. This agreement may be amended by itGenius Australia from time to time by giving 14 days prior written notice to the Customer via email. An amendment to this agreement will become effective if the Customer has not objected, disputed or challenged the amendment within 14 days of receipt of the notice.
b. This document and any exhibit attached or included with constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations relating to the specified works are hereby terminated and canceled in their entirety and are of no further force and effect. For the avoidance of doubt, any prior amendment, change, or modification to this agreement shall be superseded by an update to the agreement as outlined in clause a.
c. No modification or amendment hereof shall be binding unless in writing and signed by a duly authorized representative of each party.
d. The invalidity, illegality or unenforceability of any term (or part of a term) of this Agreement shall not affect the continuation in force of the remainder of the term (if any) and this Agreement.
e. Failure of either party to enforce rights under this Agreement shall not constitute a waiver of such rights.
f. Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver.
g. The various rights and remedies of the parties under this Agreement or otherwise shall be construed to be cumulative, and no one of them shall be exclusive of any other or of any right or remedy allowed by law.
h. This Agreement shall not render itGenius Australia an employee, partner, agent of, or joint venture with the Customer for any purpose. itGenius Australia is and will remain an independent consultant in his/her relationship to the Customer.
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