Terms & Conditions
Welcome to Aus NewTechs Pty Ltd (“we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your use of our website and the provision of our services, including custom software development, web application development, mobile app development, UI/UX design & prototyping, IT & T consultancy, and support & maintenance services. By accessing our website or engaging our services, you agree to these Terms in full. If you do not agree, please do not use our website or services.
Definitions
- Client: The person or business entity engaging Aus NewTechs Pty Ltd for Services.
- Services: The software and consultancy services provided, as described in any Service Proposal, Statement of Work, or Agreement.
- Agreement: The contract formed between the Client and Aus NewTechs Pty Ltd incorporates these Terms and any additional documents.
Services
- We will provide the Services by the scope, specifications, and timeline set out in a Service Proposal, Statement of Work, or Agreement.
- We will perform Services using reasonable care, skill, and diligence consistent with industry standards.
- The Client agrees to provide all necessary information, materials, and assistance to enable the timely and effective delivery of Services.
Client Obligations
- The Client warrants that all information and materials supplied are accurate, lawful, and that the Client has the right to supply them.
- The Client agrees to comply with all relevant laws and regulations applicable to their use of the Services.
- The Client shall cooperate fully with Aus NewTechs Pty Ltd and provide timely approvals, feedback, and decisions.
Fees and Payment Terms
- The Client warrants that all information and materials supplied are accurate, lawful, and that the Client has the right to supply them.
- Unless otherwise stated, all fees are exclusive of GST and other taxes, which will be charged as required by law.
- Invoices will be issued as per the agreed payment schedule. Payments are due within 14 days unless otherwise agreed.
- Late payments may attract interest at 1.5% per month or the maximum rate permitted by law, and may result in suspension of Services.
- The Client is responsible for all bank fees, charges, and taxes related to payments.
Intellectual Property
- Aus NewTechs Pty Ltd retains ownership of all intellectual property rights in pre-existing materials, methodologies, tools, and software used or developed independently from the Client’s work.
- Subject to full payment, the Client will receive a non-exclusive, non-transferable license to use the deliverables solely for the agreed purpose.
- The Client grants us a license to use any materials or data they provide solely to perform the Services.
- The Client warrants that any materials supplied do not infringe the rights of third parties.
Confidentiality
- Both parties agree to keep confidential all information disclosed by the other party that is designated confidential or that reasonably should be understood as confidential.
- Confidential information shall only be used to perform the Agreement.
- This clause survives termination of the Agreement.
Warranty and Disclaimer
- We warrant that Services will be performed with reasonable skill and care.
- To the fullest extent permitted by law, we disclaim all other warranties, including any implied warranties of merchantability or fitness for a particular purpose.
- The Client acknowledges that software and technology products may have limitations or defects inherent.
Limitation of Liability
- To the maximum extent permitted by law, Aus NewTechs Pty Ltd’s total liability for any claim arising from or related to the Agreement shall not exceed the total amount paid by the Client for the relevant Services.
- We are not liable for indirect, incidental, consequential, special, or punitive damages, including loss of profits, business interruption, or data loss.
- Nothing in these Terms limits liability for death or personal injury caused by negligence or for fraud.
Support & Maintenance
- Support and maintenance services will be provided only if expressly included in the Agreement or under a separate support contract.
- Additional support requests outside the scope of agreed services may incur extra charges.
Termination
- Either party may terminate the Agreement with 30 days’ written notice.
- Either party may terminate immediately if the other party commits a material breach and fails to remedy it within 14 days of notice.
- Upon termination, the Client must pay for all Services performed up to the termination date.
- Termination does not affect accrued rights or liabilities.
Data Protection and Privacy
- Both parties shall comply with applicable privacy laws, including the Privacy Act 1988 (Cth) and the Privacy and Personal Information Protection Act 1998 (NSW).
- Aus NewTechs Pty Ltd’s collection and handling of personal information are described in our Privacy Policy available at https://enamulweb.com/ant/privacy-policy.
Force Majeure
Neither party will be liable for any delay or failure to perform due to causes beyond their reasonable control, including but not limited to natural disasters, pandemics, government actions, or communication failures.
Governing Law and Jurisdiction
These Terms and the Agreement shall be governed by the laws of New South Wales, Australia. Both parties submit to the exclusive jurisdiction of the courts of New South Wales.
Amendments
We may update these Terms from time to time by posting changes on our website. Continued use of our Services after changes constitutes acceptance of the updated Terms.
Entire Agreement
These Terms, together with any Service Proposal or Agreement, constitute the entire agreement between the parties and supersede all prior negotiations or agreements.
Contact Information
For any questions about these Terms or our services, please contact us at:
Aus New Techs Pty Ltd
Email: info@enamulweb.com
Mobile: +61 4 2071 9259
Address: Unit 503, 5 French Ave, Bankstown, NSW 2200, Australia
Website: www.ausnewtechs.com
By using our website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
