01The agreement
These Terms of Service (“Terms”) apply when you (“Client”, “you”) engage AutomateX Innovations Pty Ltd (ABN 65 697 393 534, ACN 697 393 534), trading as AutomateX Digital, to provide services. Your agreement with us is made up of these Terms and the proposal, quote or statement of work we send you (a “Proposal”). If there is any inconsistency, the Proposal prevails.
You accept these Terms when you approve a Proposal in writing, pay an invoice or deposit, complete a checkout on our Site, or instruct us to begin work.
02Services and scope
We will provide the services, deliverables and timeframes described in your Proposal (“Services”) with due care and skill. Work outside the Proposal, including additional pages, features, revisions beyond the agreed rounds, integrations or content, is a change in scope and may be quoted separately. We will confirm any change and its cost with you before proceeding.
Timeframes are estimates and depend on you providing content, access, approvals and feedback promptly. We are not responsible for delays caused by you or by third parties outside our reasonable control.
03Your responsibilities
You agree to:
- provide accurate information, content, branding, access credentials and approvals when we need them;
- ensure you own or have permission to use any materials you give us, and that their use will not infringe anyone’s rights;
- review deliverables and give feedback within the timeframes in the Proposal, or within 10 business days if none is stated;
- comply with laws that apply to your business and to how you use the deliverables, including privacy, spam, consumer and advertising laws;
- give any notices and obtain any consents required from your own customers for systems we build for you, including call recording, SMS, email marketing and AI disclosures;
- keep your account passwords and access secure.
04Fees, invoicing and payment
Our fees are set out in your Proposal. Proposals are valid for 30 days unless stated otherwise. Unless your Proposal says otherwise:
- project work may require a deposit before we start, with the balance due on completion or at agreed milestones;
- ongoing (monthly) services are billed in advance each month and continue until cancelled in line with these Terms;
- invoices are payable within 7 days of issue;
- payments made through our Site are processed securely by Stripe.
AutomateX Innovations Pty Ltd is not currently registered for GST. If we become registered, GST will be added to taxable supplies where required by law and shown on your tax invoice.
If an invoice is overdue, we may pause work or suspend services (including hosting or automations we manage) after giving you at least 7 days’ written notice. You are responsible for reasonable costs of recovering overdue amounts.
05Third-party costs and platforms
Unless included in your Proposal, third-party costs are paid by you, either directly to the provider or reimbursed to us. These may include advertising spend (Google, Meta), domain names, premium plugins, software subscriptions, SMS and telephony usage, AI model usage, CRM licences and stock media.
Our deliverables often rely on third-party platforms. Those platforms are governed by their own terms, and we are not responsible for their outages, policy changes, price changes, account suspensions or algorithm changes.
06Intellectual property
You keep ownership of all materials you provide to us. Once you have paid all fees for a deliverable, we assign to you the intellectual property in the custom deliverables created specifically for you under your Proposal (such as your website design and content we write for you), unless the Proposal states otherwise.
We keep ownership of our pre-existing materials, know-how, frameworks, templates, code libraries and tools, and anything we develop independently of your project. To the extent these are included in your deliverables, we grant you a non-exclusive, perpetual licence to use them as part of those deliverables. Third-party components remain subject to their own licences.
Unless you ask us not to, we may display your business name, logo and a description of the work in our portfolio and marketing once the project is public.
07AI and automation deliverables
AI agents and automations can produce inaccurate, incomplete or unexpected outputs, and their behaviour may change when third-party models or platforms are updated. We design escalation rules and test systems before launch, but you remain responsible for supervising how they are used in your business, for decisions made using their outputs, and for telling your customers when they are interacting with AI where required. See our AI Use Statement.
08No guaranteed results
SEO rankings, Google Business Profile visibility, advertising performance, lead volumes and revenue depend on factors outside our control, including search engine algorithms, competition and market conditions. Unless your Proposal expressly says otherwise, we do not guarantee any specific ranking, traffic, lead or sales outcome.
09Confidentiality and privacy
Each party will keep the other’s confidential information confidential and use it only for the purposes of the engagement, except where disclosure is required by law. We handle personal information in line with our Privacy Policy.
10Term, cancellation and termination
Ongoing services are month to month with no lock-in contract unless your Proposal specifies a minimum term. You may cancel an ongoing service by giving written notice before your next billing date; the service will continue until the end of the period already paid for.
Either party may terminate the agreement by written notice if the other party materially breaches these Terms and does not remedy the breach within 14 days of being notified, or becomes insolvent.
On termination, you must pay for Services performed and costs incurred up to the termination date. We will provide your deliverables and assist with an orderly handover of any accounts, domains or data we manage for you, once all outstanding amounts are paid. Refunds are dealt with under our Refund & Cancellation Policy.
11Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded.
12Liability
To the extent permitted by law, and subject to the Australian Consumer Law section above:
- where our services are not of a kind ordinarily acquired for personal, domestic or household use, our liability for a failure to comply with a consumer guarantee is limited, at our option, to supplying the services again or paying the cost of having them supplied again;
- our total liability arising out of or in connection with an engagement is limited to the fees you paid us for the affected Services in the 3 months before the event giving rise to the claim;
- neither party is liable for any indirect or consequential loss, or for loss of profit, revenue, data or goodwill.
You indemnify us against claims arising from materials you provide, your use of the deliverables in breach of law, or your breach of these Terms.
13General
- Force majeure: neither party is liable for delays caused by events beyond its reasonable control.
- Subcontractors: we may use trusted subcontractors and remain responsible for their work.
- Disputes: the parties will try in good faith to resolve any dispute by discussion before starting proceedings (except for urgent relief).
- Governing law: these Terms are governed by the laws of New South Wales, Australia, and each party submits to the courts of that state.
- Changes: we may update these Terms from time to time; the version in force when you approve a Proposal applies to that engagement.
- Entire agreement: these Terms and your Proposal form the entire agreement for the engagement.
14Contact us
If you have any questions about this document, please contact us:
- Entity: AutomateX Innovations Pty Ltd (ABN 65 697 393 534, ACN 697 393 534), trading as AutomateX Digital
- Email: info@automatexdigital.com
- Phone: +61 417 772 493
- Location: Sydney, New South Wales, Australia