Terms & Conditions
These Terms and Conditions ("Terms") govern the relationship between Zigital Automations ABN [TO BE ADDED] ("we", "us", "our") and any person or entity ("Client", "you") who engages our services or uses our website at www.zigitalautomations.com. By engaging our services or using this website, you agree to these Terms.
1. Services
Zigital Automations provides robotic process automation (RPA) development, AI systems, custom software development, automation consulting, and related support services. The specific scope, deliverables, timeline and fees for each engagement are agreed in a separate Statement of Work (SOW) or proposal document signed by both parties.
We reserve the right to decline any engagement at our discretion.
2. Fees and payment
All fees are set out in the applicable SOW or proposal. Unless otherwise stated:
- Invoices are payable within 14 days of issue
- Fixed-price projects require a deposit of 50% before work commences
- Time-and-materials engagements are invoiced monthly in arrears
- Late payments may incur interest at 2% per month on the outstanding balance
- All prices are in Australian dollars (AUD) and exclusive of GST where applicable
3. Intellectual property
Upon receipt of full payment for a project, all custom code, documentation and deliverables created specifically for you become your property. You own what we build.
We retain ownership of any pre-existing tools, frameworks, libraries or methodologies we use in delivering the services ("Background IP"). We grant you a perpetual, royalty-free licence to use Background IP as incorporated in your deliverables.
We may reference the existence of our engagement with you in our portfolio or marketing materials unless you request otherwise in writing.
4. Confidentiality
Both parties agree to keep confidential any non-public information disclosed by the other party in connection with the services. This obligation survives termination of the engagement for a period of three years. It does not apply to information that is or becomes publicly known through no fault of the receiving party.
5. Client responsibilities
You agree to:
- Provide timely access to systems, data, credentials and personnel required for delivery
- Review and approve deliverables within agreed timeframes
- Ensure you have the right to share any data or systems you provide to us
- Notify us promptly of any issues with deployed systems
Delays caused by your failure to fulfil these responsibilities may extend timelines and may incur additional fees.
6. Limitation of liability
To the maximum extent permitted by Australian law, our total liability to you for any claim arising out of or in connection with these Terms or the services is limited to the total fees paid by you in the three months preceding the claim.
We are not liable for any indirect, special, incidental or consequential loss, including loss of profits, revenue, data or business opportunity, even if we have been advised of the possibility of such loss.
Nothing in these Terms excludes liability for fraud, death or personal injury caused by our negligence, or any liability that cannot be excluded under Australian Consumer Law.
7. Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with our services, you are entitled to cancel and receive a refund. For minor failures, we are entitled to choose between providing a remedy or a refund.
8. Termination
Either party may terminate an engagement by giving 14 days written notice. You are liable for fees for all work completed up to the date of termination. We will deliver all work completed and transfer all relevant credentials and code to you upon termination.
9. Governing law
These Terms are governed by the laws of New South Wales, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
10. Changes to these Terms
We may update these Terms from time to time. The current version is always available at this URL. Continued use of our services after any update constitutes acceptance of the revised Terms.
11. Contact
For any questions about these Terms:
Zigital Automations
Lismore, NSW 2480, Australia
info@zigitalautomations.com
+61 0403 919 659