Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Techable Australia Pty Ltd ("Techable Australia," "we," "us," or "our"), governing your access to and use of our website at techableaustralia.com.au and all associated services.

By accessing our website, requesting a quote, signing a service agreement, or otherwise engaging with Techable Australia, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not use our services.

If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms. In such cases, "you" refers to that entity.

2. Our Services

Techable Australia provides a range of digital services including but not limited to:

• ✓Website design and development
• ✓Mobile and web application development
• ✓Search Engine Optimisation (SEO)
• ✓Google Ads and paid advertising management
• ✓Social media marketing and management
• ✓Branding and graphic design
• ✓Digital strategy consulting
• ✓Ongoing website maintenance and support

We reserve the right to modify, suspend, or discontinue any service at any time without prior notice. Specific deliverables, timelines, and pricing will be outlined in your individual service proposal or agreement.

3. Engagement & Onboarding

All engagements commence upon receipt of a signed proposal or service agreement and the applicable deposit payment. Until both conditions are met, Techable Australia has no obligation to begin work.

During onboarding, you may be required to provide access to existing accounts (hosting, domain, social media, analytics, etc.). You are responsible for ensuring all provided credentials are accurate and for revoking access upon project completion if desired.

Any project scope changes requested after the agreement is signed ("change requests") will be assessed separately and may incur additional costs and timeline adjustments. All change requests must be submitted in writing and approved by both parties before implementation.

4. Payment Terms

Deposits & Invoicing

A deposit (typically 50% of the total project fee) is required before any work commences, unless otherwise agreed in writing. Remaining balances are invoiced at project milestones or upon completion as outlined in your proposal.

Retainer & Ongoing Services

For ongoing services (SEO, ads management, social media, maintenance), fees are billed monthly in advance. Invoices are due within 14 days of the invoice date.

Late Payments

Invoices not settled within 14 days of the due date may incur a late fee of 2% per month on the outstanding balance. Techable Australia reserves the right to suspend all work and services on overdue accounts until payment is received in full.

Currency & GST

All prices are quoted in Australian Dollars (AUD) and, unless stated otherwise, are exclusive of GST. GST at the applicable rate will be added to all invoices where required by Australian law.

5. Project Delivery & Revisions

Estimated timelines are provided in good faith and are contingent on timely receipt of client content, feedback, and approvals. Delays caused by the client will extend the project timeline accordingly and Techable Australia will not be held liable for such delays.

Revisions

Each project package includes a defined number of revision rounds as specified in your proposal. Revisions beyond the included rounds will be billed at our standard hourly rate. Requests that constitute new work or scope additions will be treated as change requests.

Client Approval

Final delivery and sign-off are deemed accepted if no written objections are raised within 7 business days of delivery. After acceptance, any further changes are billable.

6. Intellectual Property

Ownership Transfer

Upon receipt of full payment, Techable Australia assigns to the client full ownership of all custom deliverables created specifically for that project. This assignment does not apply until all outstanding invoices are settled in full.

Retained Rights

Techable Australia retains ownership of all proprietary tools, frameworks, processes, methodologies, pre-existing code libraries, and internal software used in delivering services. Any third-party assets remain subject to their respective third-party licences.

Portfolio Rights

Unless expressly requested otherwise in writing, Techable Australia reserves the right to display completed work in its portfolio, case studies, and marketing materials.

Client-Provided Content

You warrant that all content, images, text, logos, and materials you provide are owned by you or that you have the legal right to use them, and that their use will not infringe upon any third-party rights.

7. Client Responsibilities

To ensure the successful delivery of services, you agree to:

• ■Provide accurate, complete, and timely information, content, and feedback as required.
• ■Designate a single point of contact who has decision-making authority for the project.
• ■Ensure that all materials provided to Techable Australia are lawfully obtained and do not infringe on any third-party rights.
• ■Not engage in any activity that could harm, overburden, or disrupt Techable Australia's infrastructure or services.
• ■Maintain the confidentiality of any login credentials provided during the project.
• ■Comply with all applicable laws and regulations in your use of our deliverables and services.
• ■Not use any deliverable for illegal, harmful, defamatory, or misleading purposes.

8. Confidentiality

Both parties agree to keep confidential any non-public, proprietary, or sensitive information disclosed during the course of the engagement ("Confidential Information"). This includes but is not limited to business strategies, pricing, technical specifications, and client data.

Neither party will disclose Confidential Information to any third party without prior written consent, except as required by law. These obligations survive the termination of the engagement for three (3) years.

Confidential Information does not include information that is or becomes publicly known through no breach of this agreement, or information independently developed without reference to Confidential Information.

9. Warranties & Disclaimers

Techable Australia warrants that services will be performed in a professional and workmanlike manner consistent with industry standards. We do not, however, warrant that:

• ■Specific business outcomes (e.g., revenue growth, lead volume, search rankings) will be achieved, as these depend on factors outside our control.
• ■Digital services will be entirely free from errors, interruptions, or security vulnerabilities at all times.
• ■Third-party platforms, tools, or APIs used in your project will remain available, functional, or unchanged.

To the fullest extent permitted by law, all services are provided "as is" and Techable Australia expressly disclaims all implied warranties including merchantability and fitness for a particular purpose.

10. Limitation of Liability

To the maximum extent permitted by Australian law, Techable Australia's total liability for any claim shall not exceed the total fees paid by you in the three (3) months immediately preceding the event giving rise to the claim.

In no event shall Techable Australia be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, or loss of business opportunity.

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded under applicable Australian consumer law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Techable Australia, its directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• ■Your breach of these Terms.
• ■Your use or misuse of our deliverables or services.
• ■Content or materials you provided that infringe any third-party intellectual property or other rights.
• ■Your violation of any applicable law or regulation.

12. Termination

Termination by Client

You may terminate a project engagement with 30 days written notice. Upon termination, you are liable for all fees for work completed up to the termination date. Deposits are non-refundable once work has commenced.

Termination by Techable Australia

We reserve the right to suspend or terminate services immediately if: you breach these Terms and fail to remedy within 7 days of written notice; any outstanding invoice remains unpaid beyond 30 days; or continuing the engagement would expose us to legal, reputational, or ethical risk.

Effect of Termination

Upon termination, all licences granted under these Terms cease. Techable Australia will retain all work in progress until outstanding amounts are settled in full. Sections covering payment, intellectual property, confidentiality, limitation of liability, and governing law survive termination.

13. Dispute Resolution

In the event of a dispute, both parties agree to first attempt resolution in good faith through direct negotiation within 14 days of the dispute being raised in writing.

If unresolved, either party may refer the matter to mediation in New South Wales, Australia. The costs of mediation shall be shared equally unless otherwise agreed.

If mediation fails, either party may pursue the matter through the courts of New South Wales. Nothing in this clause prevents either party from seeking urgent injunctive relief.

14. Governing Law

These Terms are governed by the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales for the resolution of any dispute arising under or in connection with these Terms.

Our services are provided in compliance with the Australian Consumer Law (ACL) as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth). Nothing in these Terms excludes any right or remedy imposed by the ACL that cannot lawfully be excluded or limited.

15. Changes to Terms

Techable Australia reserves the right to update or modify these Terms at any time. When we do, we will revise the "Last Updated" date at the top of this page. For material changes, we will make reasonable efforts to notify active clients via email.

Your continued use of our services after any changes constitutes your acceptance of the updated Terms.

16. Contact Us

If you have any questions, concerns, or requests regarding these Terms, please reach out: