About these terms
These terms apply when you use techbellys.com.au or engage Techbellys to provide services. In these terms, ‘we’, ‘us’ and ‘our’ mean [Registered business or company name] (ABN [XX XXX XXX XXX]) trading as Techbellys. ‘You’ means the person or business using our website or services.
For client projects, these terms apply together with your signed proposal or statement of work. If they conflict, the proposal or statement of work applies.
By using our website or accepting a proposal, you agree to these terms.
Using our website
You must not use our website to:
- break any law
- try to gain unauthorised access to our systems
- upload viruses or harmful code
- copy or reuse our content without permission
We work to keep the information on our website accurate and up to date. However, it is general information only and is not advice for your situation.
Our website may link to other websites. We are not responsible for their content or privacy practices.
Quotes and proposals
We will give you a written proposal before we start work. It sets out the scope, deliverables, timeline, fees and payment schedule.
A quote is valid for 30 days unless it says otherwise. An agreement starts when you accept the proposal in writing or pay the deposit.
Our services
We will:
- provide the services with due care and skill
- keep you informed about progress
- tell you promptly about anything that may affect the timeline or cost
Timelines are estimates. They depend on you giving us information, content, feedback and approvals when we need them.
Your responsibilities
You agree to:
- give us accurate information and timely feedback
- provide content, logins and access that we need to do the work
- make sure you have the right to use any content, images or data you give us
- review and test deliverables within the agreed time
- meet your own legal obligations, including privacy obligations to your customers
Fees, GST and payment
Our fees are in Australian dollars. Each quote states whether GST is included. If GST applies, we will give you a tax invoice.
Most projects require a deposit before work starts, with further payments at agreed milestones. Invoices are due within 14 days unless your proposal says otherwise.
If an invoice is overdue, we will contact you first. If it remains unpaid, we may pause work until it is paid. We will give you written notice before we do this.
Changes to scope
If you ask for work that is outside the agreed scope, we will tell you how it affects the cost and timeline. We will only do the extra work once you approve it in writing.
Intellectual property
Once you have paid all fees for a project, you own the intellectual property in the custom work we create specifically for you, such as code, designs and content.
We keep ownership of:
- tools, code libraries and know-how we created before or outside your project
- general methods and techniques we use for all clients
Where these are part of your deliverables, we give you a non-exclusive, perpetual licence to use them as part of your project.
Unless you ask us not to, we may mention that you are a client and show non-confidential parts of the work in our portfolio.
Third-party services and open-source software
Projects often use third-party services, such as hosting, payment gateways, AI models and plugins, and open-source software. These are provided under their own terms and licences.
You are responsible for any fees for third-party services in your name. We are not responsible for changes, outages or price increases by third-party providers, but we will help you manage them.
AI-powered solutions
AI systems can produce results that are incomplete or incorrect. We design AI solutions with safeguards and testing. However, you are responsible for reviewing important outputs before relying on them, especially for decisions that affect people.
Hosting, support and maintenance
Hosting, support and maintenance are separate services unless your proposal includes them. Their scope, response times and fees are set out in your support plan.
Confidentiality
We each agree to keep the other's confidential information private and only use it for the project. This does not apply to information that is public or that the law requires us to disclose.
Privacy
We handle personal information in line with our Privacy Policy and the Privacy Act 1988 (Cth).
Your rights under the Australian Consumer Law
Nothing in these terms excludes, restricts or changes any rights you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or other laws that cannot be excluded.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
For more information, visit the Australian Competition and Consumer Commission (ACCC).
Limitation of liability
Subject to your rights under the Australian Consumer Law, and to the extent the law allows:
- our total liability for any claim about a project is limited to the fees you paid us for that project
- neither of us is liable for indirect or consequential loss, such as loss of profit or data, unless it was caused by that party's negligence or wilful misconduct
Where the law allows, our liability for failing to meet a consumer guarantee is limited to supplying the services again or paying the cost of having them supplied again.
Ending an agreement
Either of us can end a project agreement by giving 14 days' written notice.
Either of us can end it immediately by written notice if the other seriously breaches these terms and does not fix the breach within 14 days of being asked to.
If an agreement ends, you pay for work done up to the end date, and we give you the completed work you have paid for.
Resolving disputes
If you have a concern, please contact us first. Email hello@techbellys.com.au and we will work with you in good faith to resolve it.
If we cannot resolve it within 30 days, either of us may refer the dispute to mediation before starting court proceedings. This does not stop either of us seeking urgent relief from a court.
Governing law
These terms are governed by the laws of [State or Territory], Australia. We each agree to the jurisdiction of the courts of that State or Territory.
Changes to these terms
We may update these terms from time to time. The version on this page applies to new projects. Changes do not affect a project you have already agreed to unless we both agree in writing.
Contact us
- email: hello@techbellys.com.au
- phone: [Phone number]
- post: [Street address, Suburb STATE Postcode]