Terms of Service

Acceptance of terms

By requesting a proposal, engaging our services, or using our website, you agree to these Terms of Service. If we sign a separate agreement with you, that agreement will take precedence to the extent of any inconsistency.

Services and statements of work

We scope services through written proposals, statements of work, or retainers. Each document outlines deliverables, assumptions, and pricing.
We may rely on information you provide when preparing estimates. Material changes may require a variation.
We will use reasonable care and skill consistent with Australian Consumer Law when delivering services.

Your responsibilities

Provide timely access to environments, stakeholders, and information needed for delivery.
Ensure that any materials, data, or third-party assets you supply do not infringe the rights of others and are provided with necessary permissions.
Nominate a primary contact who can make decisions and approvals.

Fees, invoicing, and payment

Pricing is set out in the relevant proposal or retainer.
Unless otherwise stated, invoices are due within 14 days of issue and may be sent electronically.
Late payments may incur interest at 1.5% per month, calculated daily. We may suspend services if invoices remain unpaid for more than 21 days.
Expenses (such as travel or third-party licences) will be passed through at cost with your prior approval.

Intellectual property

You retain ownership of your existing materials. We grant you a licence to use deliverables created for you once invoices related to those deliverables are paid in full.
We retain ownership of background intellectual property, accelerators, and reusable components developed before or outside your engagement. We grant you a non-exclusive licence to use them as part of the deliverables.

Confidentiality

Each party must keep the other party’s confidential information secure and use it only for the purposes of the engagement. Confidentiality obligations continue after the engagement ends, except for information that becomes public through no fault of the receiving party.

Warranties and disclaimers

We warrant that our services will be provided with due care and skill and will align with the agreed scope.
Except for warranties that cannot be excluded under Australian Consumer Law, we disclaim all other warranties, including implied warranties of merchantability and fitness for purpose.

Liability

To the extent permitted by law, our aggregate liability arising from a project is limited to the fees paid for the services that gave rise to the claim.
Neither party is liable for indirect, consequential, incidental, or special damages, including lost profits or business interruption, except to the extent arising from fraud, wilful misconduct, or breach of confidentiality.

Third-party services and open source software

Where our services rely on third-party services, hosting, domain name registries or registrars, software licences, or open source software, their separate terms and policies also apply. By approving the relevant proposal or order, or giving us written instructions, you authorise us to act as your agent for the third-party services identified in that document. We will identify material dependencies and applicable third-party charges in the relevant proposal, order, statement of work, or renewal notice.

Managed services: registration, renewal, and cancellation

This section applies to recurring or renewable managed services that we arrange or provide, including domain name registration and renewal, DNS management, managed hosting, monitoring, maintenance, and third-party subscriptions or licences (Managed Services).

The proposal, order, statement of work, or renewal notice for a Managed Service will state or identify its current service period, renewal date, renewal period, and fees. The Renewal Period is the full period for which that Managed Service will renew. The Cancellation Deadline is the date three calendar months before the renewal date.
We will send a written reminder of a scheduled automatic renewal before the Cancellation Deadline. The reminder will identify the Managed Service, renewal date, Renewal Period, applicable fees, Cancellation Deadline, and how to cancel. Where domain name rules restrict the timing or content of renewal notices, we will also provide the notices required by those rules.
Where you have authorised automatic renewal, the Managed Service will renew for the full Renewal Period unless we receive your written cancellation notice at least three calendar months before its renewal date.
A cancellation notice received after the Cancellation Deadline is a Late Cancellation Notice. Where you have authorised automatic renewal and applicable law permits it, a Late Cancellation Notice ordinarily takes effect at the end of the next Renewal Period. The Managed Service will renew for that full Renewal Period and the fees for that Renewal Period become payable, but only to the extent reasonably necessary to protect our legitimate interests. This may include services we provide, non-cancellable third-party commitments, and capacity reasonably reserved for you, less refunds and costs we save.
We will take reasonable steps to avoid or reverse a renewal after receiving a Late Cancellation Notice where the third-party provider permits this. If we avoid or reverse the renewal, the notice takes effect at the end of the current service period or on the date the renewal is reversed, whichever occurs later. We will not charge you for services we will not provide or third-party costs we avoid. If we recover a refund or reasonably avoid a cost, we will credit the corresponding amount to you, less any non-refundable third-party charges and reasonable costs already incurred.
Your cancellation notice must identify the Managed Service to be cancelled and be emailed to [email protected]. The date we receive it determines whether it is timely or late, and we will confirm receipt in writing. A timely notice takes effect at the end of the current service period unless we agree otherwise in writing.
Cancellation does not affect fees or third-party commitments incurred before it takes effect. We may require all outstanding amounts to be paid before we transfer or release the administration of a Managed Service, except where applicable law, registry rules, or registrar rules require us to process a transfer or cancellation.
For a Managed Service agreed before 24 August 2026, these renewal provisions apply only after we give you written notice of them and you accept or authorise them in writing.

Domain name services

Domain names are licensed rather than owned and remain subject to the relevant registry and registrar rules. When we register or renew a domain name on your behalf, you confirm that:

you authorise us to act as your agent for that purpose;
the registrant details you provide are complete, accurate, and kept up to date;
you satisfy and will continue to satisfy the eligibility rules for the domain name; and
you accept the applicable registry and registrar terms, policies, fees, and licence period.

Subject to applicable registry and registrar rules, we will follow your written instructions to transfer, renew, cancel, or allow a domain name to expire. For a .au domain name, we will not treat these terms alone as your agreement to automatic renewal. We will give the notice required by applicable auDA rules and use reasonable commercial endeavours not to renew where you opt out before the actual automatic renewal date. Any fee that remains payable under the Managed Services provisions above is a separate contractual matter and does not limit your rights under applicable domain name rules. A domain name that is cancelled or not renewed may stop working and may eventually become available for registration by another person.

Suspension and termination

Either party may terminate a project engagement for convenience with 30 days’ written notice, unless the relevant proposal or statement of work provides otherwise.
Managed Services may be cancelled for convenience only in accordance with the notice and renewal provisions above.
Either party may terminate immediately if the other party materially breaches these terms and fails to remedy the breach within 14 days of notice.
On termination you must pay for services delivered, Managed Service fees and third-party commitments that remain payable, and any other amounts incurred up to the effective termination date. We will deliver completed work products and provide reasonable transition assistance.

Force majeure

Neither party is responsible for delays or failures caused by events outside their reasonable control, provided they notify the other party and take reasonable steps to mitigate the impact.

Governing law

These terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

Changes to these terms

We may update these terms from time to time. When we do, we will revise the effective date at the top of this page. Continued use of our services after the change takes effect constitutes acceptance of the updated terms.