These Terms and Conditions ("Terms") govern the provision of services by Aus Biz AI, ABN 96001492092, of 302 / 45 Glenferrie Road, Malvern, Victoria, Australia ("Service Provider"), to any person or entity who purchases or uses its services ("Client").
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1. Definitions
Agreement refers to any signed agreement between the Client and the Service Provider.
Services means any productised or bespoke service offered by the Service Provider, including but not limited to AI system setup, SEO, digital automation, website design, and consulting.
Deliverables means any output, documentation, materials, or digital assets produced during the performance of the Services.
Fees refers to all charges payable by the Client for the Services.
Confidential Information means all non-public information disclosed in connection with the Services.
2. Service Delivery
• The Service Provider agrees to deliver the Services with reasonable care, skill and diligence, in accordance with Australian Consumer Law (ACL).
• The Client must cooperate in good faith and provide all access, information, and approvals required for timely delivery of the Services.
• Any delivery dates or timelines provided are indicative and not guaranteed unless expressly stated in writing.
3. Payment Terms
• Payment terms for productised services are due in advance, via automated billing or agreed payment gateway.
• Bespoke project invoices are due within 7 days of issue unless otherwise stated.
• Overdue payments may incur late fees of 1.5% per month.
• The Service Provider reserves the right to suspend services for non-payment.
4. Intellectual Property
• Pre-existing materials and proprietary tools remain the property of the Service Provider.
• Deliverables created specifically for the Client under a bespoke agreement shall be owned by the Client, unless otherwise agreed.
• The Client is granted a non-exclusive licence to use the Deliverables for their internal business use.
5. Limitation of Liability
• Nothing in these Terms excludes any guarantees, warranties, representations or conditions implied by law including the ACL.
• To the fullest extent permitted by law, the Service Provider's liability for breach of a non-excludable condition is limited to: (a) supplying the Services again; or (b) payment of the cost of having the Services supplied again.
• The Service Provider shall not be liable for indirect, consequential or incidental loss, including loss of profits or data.
6. Confidentiality
• Each party agrees to maintain the confidentiality of any proprietary or sensitive information shared during the course of the engagement.
• Confidentiality obligations survive the termination of any agreement.
7. Governing Law
These Terms are governed by the laws of Victoria, Australia. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of that State.
8. Variations
The Service Provider may vary these Terms from time to time by posting an updated version on its website. Continued use of the Services after such variation constitutes acceptance of the updated Terms.
9. Entire Agreement
These Terms apply in conjunction with any signed Service Agreement. In case of inconsistency, the terms of the signed Service Agreement shall prevail.
These Terms and Conditions were last updated on 1 May 2025