Terms of Service

1. Acceptance of Terms

Welcome. By accessing or using my website or engaging my services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use my website or services.

These Terms constitute a legally binding agreement between you ("Client," "you," or "your") and me ("I," "me," or "my"). I reserve the right to modify these Terms at any time, and your continued use of my services constitutes acceptance of any modifications.

2. Services Description

I provide professional web development, mobile application development, business automation, and AI integration services. My services include but are not limited to:

• Web Development: Custom website design and development, responsive design, e-commerce solutions
• Mobile Applications: Native iOS and Android app development
• Business Automation: Workflow automation, process optimization, system integration
• AI Solutions: Custom chatbots, AI integrations, intelligent automation
• Consulting Services: Technical consulting, strategy development, project planning

Specific deliverables, timelines, and pricing are detailed in individual project proposals or service agreements.

3. Service Agreement and Engagement

3.1 Project Proposals

Before commencing work, I will provide a detailed project proposal outlining:

• Scope of work and deliverables
• Project timeline and milestones
• Pricing and payment terms
• Technical specifications
• Support and maintenance terms

3.2 Acceptance

A project begins when you accept my proposal in writing (email acceptance is sufficient) and make the initial payment as specified. Your acceptance constitutes agreement to the proposal terms and these Terms of Service.

3.3 Changes to Scope

Any changes to the agreed scope of work must be documented in writing and may result in adjustments to timeline and pricing. I will provide a written change order for your approval before implementing scope changes.

4. Pricing and Payment Terms

4.1 Pricing Structure

My pricing varies based on project complexity, scope, and requirements. Standard packages include:

• New Business Package: Starting from $1,199 AUD
• Business Upgrade: Starting from $2,199 AUD
• Mobile Apps: Starting from $3,999 AUD
• AI & Automation: Starting from $1,999 AUD

Custom projects are quoted individually based on requirements.

4.2 Payment Schedule

Unless otherwise agreed in writing, payment terms are:

• Deposit: 50% upfront payment to commence work
• Progress Payments: As outlined in the project proposal
• Final Payment: Balance due upon project completion and before final delivery

4.3 Payment Methods

I accept payment via:

• Bank transfer (preferred method)
• Credit/Debit card
• PayPal
• Other methods as agreed

4.4 Late Payments

Invoices are due within 14 days of issue unless otherwise specified. Late payments may incur:

• Interest charges of 2% per month on overdue amounts
• Suspension of work until payment is received
• Withholding of deliverables until full payment
• Legal action to recover outstanding amounts

4.5 Refunds

Deposits are non-refundable once work has commenced. For completed work, refunds are provided only in cases of:

• Material breach of contract by me
• Failure to deliver agreed-upon services
• As otherwise agreed in writing

Refund requests must be submitted in writing within 14 days of the issue arising.

5. Client Responsibilities

To ensure successful project completion, clients agree to:

5.1 Content and Materials

• Provide all necessary content, materials, and assets in a timely manner
• Ensure all provided content is accurate, legal, and does not infringe third-party rights
• Provide feedback and approvals within agreed timeframes
• Designate a primary point of contact for the project

5.2 Access and Credentials

• Provide necessary access to hosting, domains, and third-party services
• Maintain security of provided credentials
• Notify me immediately of any security concerns

5.3 Communication

• Respond to inquiries and requests in a timely manner
• Attend scheduled meetings and calls
• Provide constructive feedback

5.4 Delays

Project delays caused by client inaction, delayed feedback, or failure to provide required materials may result in timeline adjustments and potential additional charges.

6. Intellectual Property Rights

6.1 Client Content

You retain all rights to content, materials, trademarks, and intellectual property you provide. By providing these materials, you grant me a license to use them solely for the purpose of delivering the agreed services.

6.2 Deliverables

Upon receipt of full payment, ownership of the custom work created specifically for your project transfers to you. This includes:

• Custom code written for your project
• Custom designs and graphics
• Project-specific documentation

6.3 My Property

I retain ownership of:

• Pre-existing code, frameworks, and tools
• Reusable components and libraries
• Development methodologies and processes
• General knowledge and expertise

6.4 Third-Party Components

Projects may incorporate third-party libraries, frameworks, or services. These remain subject to their respective licenses. I will inform you of any significant third-party components and their licensing terms.

6.5 Portfolio Rights

Unless otherwise agreed in writing, I reserve the right to:

• Display completed work in my portfolio
• Use project details in case studies (with client approval)
• Reference the client relationship in marketing materials

Confidential projects can be excluded from portfolio upon request.

7. Warranties and Disclaimers

7.1 My Warranties

I warrant that:

• Services will be performed with reasonable skill and care
• Work will substantially conform to agreed specifications
• I have the right to provide the services
• Deliverables will not knowingly infringe third-party intellectual property

7.2 Warranty Period

I provide a warranty period of 30 days after project delivery for:

• Bug fixes related to my work
• Issues with functionality as specified
• Corrections to deliverables

The warranty does not cover:

• Issues caused by client modifications
• Third-party service failures
• Changes to scope or requirements
• Problems arising from client's hosting or infrastructure

7.3 Disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS:

• Services are provided "AS IS" without warranties of any kind
• I do not guarantee uninterrupted or error-free operation
• I do not warrant that services will meet all your requirements
• I do not guarantee specific business results or outcomes

8. Limitation of Liability

8.1 Liability Cap

To the maximum extent permitted by law, my total liability for any claims arising from or related to my services is limited to the amount paid by the client for the specific services giving rise to the claim.

8.2 Exclusion of Consequential Damages

I shall not be liable for:

• Lost profits, revenue, or business opportunities
• Loss of data or corruption of data
• Business interruption or downtime
• Indirect, incidental, special, or consequential damages
• Third-party claims

8.3 Exceptions

Nothing in these Terms excludes or limits liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded under applicable law

9. Confidentiality

9.1 Confidential Information

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the engagement, including:

• Business strategies and plans
• Technical specifications and code
• Financial information
• Customer data
• Trade secrets

9.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is publicly available
• Was known before disclosure
• Is independently developed
• Must be disclosed by law

9.3 Duration

Confidentiality obligations survive for 3 years after project completion, unless otherwise agreed in writing.

10. Support and Maintenance

10.1 Post-Launch Support

After project delivery, I offer optional support and maintenance services:

• Emergency Support: Critical bug fixes and security issues
• Regular Maintenance: Updates, backups, and monitoring
• Enhancement Requests: New features and improvements

10.2 Support Terms

Support services are billed separately and may include:

• Monthly retainer agreements
• Hourly billing for ad-hoc work

11. Termination

11.1 Termination by Client

You may terminate the engagement at any time by providing written notice. Upon termination:

• You remain liable for all fees for work completed
• Deposits are non-refundable
• I will provide work completed to date upon payment of outstanding invoices
• Intellectual property rights transfer only for work that has been paid in full

11.2 Termination by Me

I may terminate the engagement if:

• Payment is more than 30 days overdue
• Client breaches these Terms
• Client requests illegal or unethical work
• Circumstances make continuation impractical

11.3 Effect of Termination

Upon termination:

• All outstanding invoices become immediately due
• Confidentiality obligations continue
• I will return or destroy client confidential information as requested
• Provisions that by their nature should survive will continue (e.g., payment obligations, liability limitations)

12. Indemnification

You agree to indemnify and hold harmless me, my employees, and contractors from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your breach of these Terms
• Your use of my services
• Content or materials you provide
• Infringement of third-party rights by your content
• Your violation of any laws or regulations

13. Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including:

• Natural disasters
• War, terrorism, or civil unrest
• Government actions or regulations
• Internet or telecommunications failures
• Pandemics or public health emergencies
• Strikes or labor disputes

The affected party must notify the other party promptly and make reasonable efforts to mitigate the impact.

14. Dispute Resolution

14.1 Negotiation

In the event of any dispute, both parties agree to first attempt resolution through good faith negotiation.

14.2 Mediation

If negotiation fails, parties agree to attempt mediation before pursuing litigation. Mediation costs will be shared equally.

14.3 Governing Law

These Terms are governed by the laws of Queensland, Australia. Any legal action must be brought in the courts of Queensland.

14.4 Jurisdiction

Both parties consent to the exclusive jurisdiction of the Queensland courts for any disputes arising from these Terms.

15. General Provisions

15.1 Entire Agreement

These Terms, together with any project proposal or service agreement, constitute the entire agreement between the parties and supersede all prior discussions, agreements, or understandings.

15.2 Amendments

I may update these Terms from time to time. Material changes will be notified via email or website notice. Continued use of services after changes constitutes acceptance.

15.3 Assignment

You may not assign or transfer your rights under these Terms without my prior written consent.

15.4 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

15.5 Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

15.6 Notices

All notices under these Terms must be in writing and sent to:

• Email: sitsolau@gmail.com

15.7 Relationship

Nothing in these Terms creates a partnership, joint venture, or employment relationship between the parties. I am an independent contractor.

16. Website Use

16.1 Acceptable Use

When using my website, you agree not to:

• Violate any laws or regulations
• Infringe intellectual property rights
• Transmit malicious code or viruses
• Attempt to gain unauthorized access
• Interfere with website operation
• Harvest data or personal information
• Impersonate others or provide false information

16.2 User Content

If you submit content to my website (e.g., contact forms, comments), you grant me a license to use that content for business purposes. You warrant that you have the right to submit such content.

17. Contact Information

For questions about these Terms of Service, please contact me:

• Email: sitsolau@gmail.com
• Website: sitsol.com.au
• Location: Gold Coast, QLD, Australia

These Terms of Service are designed to be fair and reasonable for both parties while protecting my business interests. This document does not constitute legal advice. For specific legal questions, please consult with a qualified attorney. By using my services, you acknowledge that you have read, understood, and agree to be bound by these Terms.