Terms of service

1. 1.Application of these Terms

   1. 1.1
      These Terms apply to every Quote, Service and invoice we provide to you, and form part of the Agreement.
   2. 1.2
      You accept the Agreement when you accept a Quote in writing (including by email), sign it, pay a deposit or any part of the Fees, or ask us to begin the Services, whichever happens first.
   3. 1.3
      If a Quote is inconsistent with these Terms, the Quote prevails, but only for the Services covered by that Quote and only to the extent of the inconsistency. It does not vary these Terms for any other Quote or work.
   4. 1.4
      Terms you supply, including on a purchase order, do not form part of the Agreement unless we agree to them in writing.
   5. 1.5
      These Terms also apply to Services performed in response to a Request without a Quote. Those Services are charged on a time basis under clause 4, unless we agree a fixed price in writing before the work begins.
   6. 1.6
      Orders from our 3D shop and 3D parts we make to order are covered by our Terms of sale, not these Terms.

2. 2.Quotes and estimates

   1. 2.1
      A Quote is valid for the period stated on it or, if no period is stated, for 30 days from its date.
   2. 2.2
      A Quote is an estimate unless it states that it is a fixed price. If we expect the Fees for estimated work to exceed the estimate by more than 10%, we will notify you before continuing, and you may instruct us to stop. Work performed up to that point remains payable.
   3. 2.3
      A fixed-price Quote covers only the Services described in it. Any other work is a Change Request.
   4. 2.4
      A Quote is based on the information you provide. If that information is incomplete or inaccurate, we may revise the Quote.

3. 3.Change Requests

   1. 3.1
      Change Requests must be made in writing, which includes email.
   2. 3.2
      Before carrying out a Change Request, we will tell you its effect on the Fees and timeline. It becomes part of the Agreement once you approve it in writing.
   3. 3.3
      Unless the Quote states otherwise, Change Requests are charged at the Hourly Rate.

4. 4.Time-based Fees

   1. 4.1
      Work charged on a time basis is billed at the Hourly Rate.
   2. 4.2
      A minimum charge of 30 minutes applies to each separate request, support call, session or attendance. Time beyond the minimum is rounded up to the next 15-minute increment.
   3. 4.3
      Billable time includes work performed remotely or on site, and communication, testing and research directly related to the Services.
   4. 4.4
      Work performed After Hours at your request, or to meet a deadline set by you, is charged at 1.5 times the Hourly Rate, including the minimum charge.
   5. 4.5
      A Travel Fee is charged for each on-site attendance of less than 6 hours, in addition to the time charged at the Hourly Rate. No Travel Fee is charged for an attendance of 6 hours or more.
   6. 4.6
      Travel to attend outside the Perth metropolitan area, and any other travel costs, are charged as stated in the Quote or as agreed with you in writing before the attendance.

5. 5.Support response times

   1. 5.1
      Our business hours are 8:00 am to 6:00 pm on Business Days, Perth local time. Any other time is After Hours.
   2. 5.2
      We aim to respond to support Requests within the following times, counted in business hours from when the Request is received:

      1. (a)Urgent, where your business cannot operate or a critical system is unavailable: within 2 business hours.
      2. (b)Normal, where a problem affects your work but it can continue: by the end of the next Business Day.
      3. (c)Low, including questions, minor issues and planned changes: within 2 Business Days.
   3. 5.3
      We set the priority of each Request from the impact you describe to us. A response means we have acknowledged the Request and begun to assess it. It is not a commitment to resolve the Request within that time.
   4. 5.4
      A Request received After Hours is treated as received at the start of the next business hours. We will try to respond to Urgent Requests After Hours, but no response time applies, and work performed After Hours is charged under clause 4.4.
   5. 5.5
      These response times are targets. Missing one is not a breach of the Agreement and does not entitle you to a credit or refund, but this does not limit your rights under clause 15.1.
   6. 5.6
      A Quote or separate support agreement may set different hours, response times or priorities. If it does, those apply instead of this clause.

6. 6.Deposits

   1. 6.1
      Where the total Fees in a Quote exceed $5,000, a deposit of 10% of those Fees is payable before work begins, unless the Quote states a different amount.
   2. 6.2
      We are not required to begin the Services, or to reserve time for them, until the deposit is received.
   3. 6.3
      The deposit is credited against the final invoice. If the Agreement ends early, the deposit is applied to Fees for work performed and costs committed, and any balance is refunded.

7. 7.Invoices and payment

   1. 7.1
      Unless an invoice states otherwise, invoices are payable within 14 days of the invoice date.
   2. 7.2
      All amounts are in Australian dollars. Payment is made when cleared funds are received in our nominated account, quoting the invoice number as the reference.
   3. 7.3
      We may invoice in stages, monthly for ongoing work, or on Handover.
   4. 7.4
      If you dispute any part of an invoice, you must notify us in writing within 7 days of the invoice date, giving reasons. You must pay the undisputed amount by the due date.
   5. 7.5
      If an amount is overdue, we may suspend the Services and withhold Deliverables until it is paid, and you must pay our reasonable costs of recovering it, including collection agency and legal costs.

8. 8.Handover and acceptance

   1. 8.1
      Within 7 days after Handover, you may notify us in writing of any way in which the Deliverables do not materially conform to the Agreement.
   2. 8.2
      The Deliverables are accepted at the earlier of the end of that 7-day period without such notice, or your use of them in live operation.
   3. 8.3
      If you notify us within that period, we will correct the non-conformity at no charge, and this clause then applies again to the corrected Deliverables.

9. 9.Minor changes

   1. 9.1
      Minor changes are small adjustments within the scope of the Quote, such as changes to text, images, colours, layout, wording or content placement. Each change counts, including repeated changes to the same item.
   2. 9.2
      Where the total Fees in a Quote exceed $1,000, one hour of minor changes is included at no charge, to be used within 30 days after Handover. This is the only free allowance for minor changes.
   3. 9.3
      Once the included hour is used, or the 30-day period ends, all further minor changes are charged at the Hourly Rate under clause 4, including the minimum charge for each request, however small or frequent the changes are.
   4. 9.4
      Unless the Quote states otherwise, changes before Handover to work you have already approved are minor changes or Change Requests, and are charged in the same way.
   5. 9.5
      New features, new pages, new content and any other work outside the Quote are not minor changes. They are Change Requests under clause 3.
   6. 9.6
      Unused included time has no cash value, cannot be transferred and does not carry over.

10. 10.Defects

    1. 10.1
       If, within 30 days after Handover, you notify us of a defect in the Deliverables caused by our work, we will correct it at no charge.
    2. 10.2
       A defect is a failure of the Deliverables to perform materially in accordance with the Agreement. It does not include anything caused by changes made by anyone other than us, Third-Party Services, hosting we do not manage, unsupported browsers or devices, or misuse.
    3. 10.3
       Correcting defects does not use the included time in clause 9.2.

11. 11.Your responsibilities

    1. 11.1
       You must provide the content, information, access, decisions and approvals we reasonably need, accurately and on time.
    2. 11.2
       You warrant that you own or are licensed to use all content and materials you supply to us, and that our use of them for the Services will not infringe anyone’s rights or any law.
    3. 11.3
       You indemnify us against any claim, loss or cost arising from content or materials you supply, except to the extent caused by our own negligence or breach.
    4. 11.4
       If a delay caused by you continues for more than 30 days, we may invoice for work performed to date and reschedule the remaining Services.

12. 12.Third-Party Services

    1. 12.1
       Third-Party Services are charged at cost or as stated in the Quote, and are supplied under the provider’s own terms, which you must comply with.
    2. 12.2
       Ongoing fees for Third-Party Services are your responsibility. Where practical, accounts are set up in your name.
    3. 12.3
       We are not responsible for the availability, performance, pricing, security or changes of Third-Party Services.

13. 13.Intellectual property

    1. 13.1
       Ownership of intellectual property created specifically for you in the Deliverables passes to you on payment in full of all Fees for the relevant Quote or Request. Until then, you may use the Deliverables only to review them.
    2. 13.2
       We retain ownership of our pre-existing materials, general tools, code libraries, templates and know-how. To the extent they form part of the Deliverables, we grant you a non-exclusive, perpetual, royalty-free licence to use them as part of the Deliverables.
    3. 13.3
       Open-source and third-party components remain subject to their own licences.
    4. 13.4
       We may describe and show the Deliverables in our portfolio and marketing, without disclosing your confidential information, unless you ask us in writing not to.

14. 14.Confidentiality, privacy and access

    1. 14.1
       Each party must keep the other’s confidential information confidential and use it only for the purposes of the Agreement, except where disclosure is required by law.
    2. 14.2
       We will handle personal information you give us, including information about your customers, only for the Services and in accordance with applicable privacy law and our Privacy policy.
    3. 14.3
       We will use the passwords and access you provide only for the Services, and take reasonable care to keep those credentials confidential. That is the extent of our responsibility for them: having access to your systems does not make us responsible for their security.
    4. 14.4
       You remain responsible at all times for the security of your systems, accounts, networks, devices and data, including access controls, software updates and security software, unless the Quote expressly makes us responsible for a particular security service. You should change any passwords you have shared with us once the Services end.
    5. 14.5
       Unless backups are included in the Services, you are responsible for keeping your own backups of your data and systems.

15. 15.Liability

    1. 15.1
       Nothing in the Agreement excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded.
    2. 15.2
       Where the law allows us to limit our liability for failing to comply with a consumer guarantee, our liability is limited, at our option, to supplying the Services again or paying the cost of having them supplied again.
    3. 15.3
       Subject to clauses 15.1 and 15.2, our total liability arising out of or in connection with the Agreement, whether in contract, tort (including negligence) or otherwise, is limited to the Fees paid to us under the relevant Quote or, for Services performed without a Quote, the Fees paid to us for those Services in the 12 months before the claim arose.
    4. 15.4
       Subject to clause 15.1, we are not liable for any loss of profit, revenue, data, goodwill or opportunity, or for any indirect or consequential loss.
    5. 15.5
       Neither party is liable for a delay or failure caused by events beyond its reasonable control, provided it notifies the other party promptly. Payment obligations are not affected.

16. 16.Ending the Agreement

    1. 16.1
       Either party may end the Agreement by giving 14 days’ written notice.
    2. 16.2
       Either party may end the Agreement immediately by written notice if the other party breaches it and does not remedy the breach within 7 days of being asked to, or becomes insolvent.
    3. 16.3
       When the Agreement ends, you must pay for Services performed and costs committed up to that date. Clause 13.1 applies only to Deliverables that have been paid for in full.
    4. 16.4
       Clauses 7, 11, 13, 14, 15, 17 and 18 continue after the Agreement ends.

17. 17.Disputes

    1. 17.1
       A party with a dispute must give the other party written notice of it, and both parties must try in good faith to resolve it within 14 days.
    2. 17.2
       If it is not resolved, either party may refer it to mediation in Perth, Western Australia, with each party paying its own costs and sharing the mediator’s costs equally.
    3. 17.3
       Neither party may start court proceedings until mediation has been attempted, except to seek urgent relief or to recover an undisputed debt.

18. 18.General

    1. 18.1
       The Agreement is governed by the laws of Western Australia, and the parties submit to the courts of Western Australia.
    2. 18.2
       The Agreement is the entire agreement between the parties about its subject matter. A variation must be in writing and agreed by both parties.
    3. 18.3
       If any part of the Agreement is invalid or unenforceable, it is severed and the rest continues to apply.
    4. 18.4
       A failure or delay in exercising a right is not a waiver of it.
    5. 18.5
       Notices may be given by email to the address each party last used for the Services.
    6. 18.6
       We may use subcontractors, and remain responsible for their work. You may not assign the Agreement without our written consent.
    7. 18.7
       We may update these Terms. The version published on the date you accept a Quote applies to that Quote, and the version published on the date of a Request applies to that Request.

Last updated 16 October 2026