Solution Savvy Pty Ltd
(ABN: 506 915 545 33)
These Terms and Conditions are entered into between Solution Savvy Pty Ltd (we, us or our) and the client identified in the relevant Quote (you or your). Together, both parties are referred to as the Parties, and individually as a Party.
These Terms, together with the Quote, form the complete agreement governing the provision of services by us to you.
1. Important Information
1.1 Before accepting this Agreement, please ensure you understand that:
- Your personal information will be handled in accordance with our Privacy Policy, available on our website.
- We may update or modify the Services or pricing by giving you written notice. If you do not accept the changes, you may terminate the Agreement.
- You may be responsible for costs we incur if you fail to meet your obligations under this Agreement (including legal or recovery costs).
- You agree to cover any losses or costs arising from your actions, omissions, breaches of this Agreement, or breaches of applicable laws.
- Failure to pay invoices in accordance with the agreed payment terms may result in interest charges or suspension of Services.
- We may deduct any amounts you owe us from any amounts payable to you.
- In the event of hosting or backup service issues, we will take reasonable steps to restore affected data; however, data recovery cannot always be guaranteed.
- Except as required by Australian Consumer Law, you have not relied on any representations outside this Agreement.
- Except where required by law, fees paid are non-refundable.
- Our liability is limited as outlined in this Agreement, subject to your Consumer Law rights.
1.2 Nothing in this Agreement limits your rights under Australian Consumer Law.
2. Acceptance of Agreement
You accept this Agreement when the earliest of the following occurs:
- You sign and return the Quote (including electronically);
- You accept the Quote online or via email;
- You instruct us to commence work; or
- You make a partial or full payment (including any deposit).
This Agreement remains in effect for the agreed Term.
3. Services
3.1 In exchange for payment, we will provide the Services specified in the Quote, either directly or through our team.
3.2 Services not expressly listed in the Quote are excluded.
3.3 Delivery timelines are estimates only. We will use reasonable efforts to complete Services within a reasonable timeframe.
3.4 Any change to scope must be agreed in writing and may result in additional fees or revised timelines.
4. Additional Orders
4.1 You may request additional services during the Term by submitting a request in writing, by phone or online.
4.2 We may accept or decline such requests. Accepted requests become binding Orders.
4.3 If there is any inconsistency between an Order and this Agreement, the Order will take priority.
4.4 If this Agreement ends, all active Orders will also end unless otherwise agreed.
5. Variations
Any request to change the Services must be submitted in writing and approved by us before taking effect. We are not required to proceed with any variation unless formally accepted.
6. Hosting and Backup Services
6.1 Hosting and backup services will be provided where included in the Quote and paid for accordingly.
6.2 Items not listed in the Quote are excluded unless agreed as a variation.
6.3 We may perform maintenance or upgrades from time to time.
6.4 Where possible, we will notify you of planned outages exceeding 30 minutes.
6.5 Data restoration will be attempted where feasible, but recovery is not guaranteed.
7. Website Services
7.1 Where applicable, we will deliver website services in accordance with the Quote.
7.2 You must review and approve each milestone within 7 days, otherwise approval will be deemed granted.
7.3 Final approval is required before a website goes live.
7.4 We are not responsible for third-party systems or services relied upon by the website.
8. SEO Services
8.1 SEO services will be provided where included in the Quote.
8.2 You acknowledge that:
- Website changes may affect SEO outcomes;
- You must provide access and ensure your website is suitable for SEO work;
- Existing technical or SEO issues may pause services until resolved.
9. Advertising Services
9.1 Advertising services will be delivered where agreed.
9.2 You acknowledge that:
- We act as your agent for advertising services;
- Third-party advertising costs are payable directly by you;
- Monitoring is limited to what is specified in the Quote;
- Account access may be withheld until all fees are paid.
10. Fees and Payment
10.1 All fees are payable in Australian dollars and exclude GST unless stated otherwise.
10.2 Deposits or setup fees must be paid before Services commence.
10.3 Late payments may result in:
- Interest charges;
- Suspension of Services;
- Debt recovery actions;
- Account cancellation after 45 days with no refunds.
10.4 GST will be charged where applicable.
11. Your Systems
You are responsible for backing up your systems, maintaining security updates, and providing accurate information necessary for us to deliver Services. We are not liable for issues caused by your failure to do so.
12. Warranties and Responsibilities
Each Party confirms they have authority to enter into this Agreement. You agree to comply with all applicable laws and provide accurate information and access required for service delivery.
13. Termination
13.1 Either Party may terminate this Agreement with 30 days’ written notice.
13.2 Immediate termination may occur if a material breach is not remedied or insolvency occurs.
13.3 Upon termination:
- Services will cease;
- Fees already paid are non-refundable (subject to law);
- Outstanding amounts become payable;
- Confidential and proprietary materials must be returned or destroyed.
14. Consumer Law Rights
Nothing in this Agreement limits your rights under Australian Consumer Law. Subject to those rights, all warranties and refunds are excluded.
15. Limitation of Liability
To the extent permitted by law:
- We are not liable for indirect or consequential losses;
- Liability is limited to re-supplying Services or refunding fees paid;
- Liability is reduced where your actions contributed to the loss.
16. Intellectual Property
Ownership of intellectual property remains with the creator until payment is made in full, after which ownership transfers to you unless otherwise agreed. You grant us a limited licence to use your materials solely for service delivery.
17. Confidentiality
Both Parties must keep confidential information private unless disclosure is legally required or to professional advisers.
18. General Terms
- Amendments must be in writing
- Debts may be assigned for recovery
- Disputes must be negotiated before court action
- NSW law governs this Agreement
- Invalid clauses do not affect remaining terms
- Electronic execution is permitted
19. Definitions & Interpretation
Capitalised terms have the meanings given in the Quote. Words such as “including” do not limit interpretation.
Contact Details
For any questions and notices, please contact us at:
Solution Savvy Pty Ltd
📧 Email: sales@solutionsavvy.com.au