Terms Of Service
Below is the simple version of our terms and conditions, which highlights the key points but does not replace our terms and conditions. You should still read our full terms and conditions, which can be accessed here.
If you engage us for services, you are accepting our full terms and conditions.
Please ensure to provide correct information for your account and to keep it secure. You are responsible for all actions on your account.
- OUR SERVICES
The services we provide will be based on the description of the services on the website or any proposal we provide you. Our services include one-off services as well as subscription services.
While we aim to ensure everything runs smoothly, you agree that:
- we may withhold or suspend our services if you haven’t paid your fees;
- any agreed dates and times aren’t fixed, and may be subject to change; and
- anything outside the scope of our services may be subject to extra fees.
We may also sometimes subcontract others to help us provide our services to you.
- THIRD PARTY TERMS
We rely on third party platforms to provide services to you, who each have their own terms and conditions (see here). You agree that our services may be affected by their third party terms and we won’t be responsible for any issues caused by third party terms.
- TYPES OF SERVICES
Some of our services might have specific terms and conditions that will only apply for those services. Please read through the list of services and if your service is on the list, then those terms and conditions will apply to you.
- WHAT WE NEED FROM YOU
To make sure that we can do our job, we ask that you:
- provide us with the information we need;
- allow us access to your systems and platforms if we need it;
- back up your data (we won’t be responsible if you don’t!); and
- make sure you comply with all laws (for example, please don’t give us any intellectual property that you don’t own).
- DATA BREACHES
While we do our best to maintain and improve our security procedures, you must also do your part. If you experience (or even suspect) any data breach or unauthorised access, please notify us immediately.
- ACCEPTANCE TESTING
You must provide us with feedback within 14 days of receiving any deliverables.
- YOUR IT SYSTEM
While we may provide you with information or recommendations on your IT system, it is still your responsibility to make sure your IT system meets your needs. We will notify you if your IT system needs to meet minimum requirements for our services.
- FEES AND PAYMENTS
You must pay for our services either through our website or the instructions provided in our proposal. Depending on your services your fees can be in the form of:
- subscription fees (which you must pay on an ongoing basis)
- hourly fees (which we will invoice to you); and
- estimated fees (where you must pay any difference if the quoted amount is below the actual time spent on the relevant service).
To the maximum extent permitted by the Australian Consumer Law, we do not offer any refunds on any payments or deposits.
Our fees may include third party billing costs, GST and card surcharges.
If you want to display or publish any of the work from our services, you must give us credit.
You and your personnel must not disclose any of our confidential information unless required by law or with our consent. At the end of our term working together, you must return or destroy any materials that contain our confidential information.
- INTELLECTUAL PROPERTY
You will own any new material we create together as part of the services. However, you give us a licence to use that material.
- WARRANTIES AND LIABILITY
You agree that:
- we do not make any warranties (unless we’ve explicitly said so in our terms and conditions);
- we do not intend to limit any of your rights under the Australian Consumer Law;
- our maximum aggregate liability to you under these terms is limited to the fees you’ve paid to us in the last 3 months from the date of the problem;
- you indemnify us from any liability where you are at fault; and
- we won’t be liable for any consequential loss (such as loss of data, business opportunity or profits).
- DISPUTE RESOLUTION
If any issues turn into a dispute, you must try to first resolve the dispute with us directly before commencing any proceedings.
We can terminate this agreement by providing you with 1 months’ notice. In this case, we’ll refund any amounts for services not provided and you must pay any remaining fees for services already provided.
However, if either of us breach this agreement in any way, and the breach is not fixed within 14 days, then the other party can terminate immediately. If you caused the breach, then you must pay all unpaid fees.
In either case of termination, we will each return each other’s property (such as documents that contain confidential information) and third party terms may apply.
If you do not pay any fees for a subscription, then we may suspend our services or terminate this agreement immediately.
- FORCE MAJEURE
If a ‘force majeure’ event occurs that is outside of a party’s control (such as a government decision in response to COVID-19), and significantly affects that party’s ability to comply with these terms, then the relevant obligation will be suspended.