Effective Date: 11/04/2014

These Terms of Service (“Terms”) govern the use of services provided by Accessible ICT Pty Ltd (“Company,” “we,” “us,” or “our”) to any client or customer (“Client,” “you,” or “your”). By engaging with our services, you agree to be bound by these Terms.

1. Scope of Services

We offer a range of services including:

• Custom Software Development
• Managed Services (MSP)
• Cloud Hosting & Infrastructure (CSP)
• ICT Consulting and Support
• Research & Development of ICT Projects – IaaS, SaaS, PaaS, AaaS, and NaaS

Each service may have specific deliverables, timelines, and pricing outlined in a mutually agreed Statement of Work (SOW) or Project Agreement.

2. Engagement & Payment

2.1 Project Initiation

A formal proposal or agreement must be signed before project commencement. All estimates provided are valid for 7 days.

2.2 Billing Terms

• Payment schedules are specified in the agreement.
• Invoices are due within 14 days of issuance unless otherwise agreed.
• Late payments may incur a 2% monthly interest charge.

2.3 Hourly Rates

• Offshore Development: AUD $65 – $125/hour + GST
• Onshore Resources (including Project Management, Consulting): AUD $250 – $750/hour + GST
• Emergency or after-hours work may attract additional surcharges.

3. Intellectual Property & Code Ownership

Unless otherwise specified:

• All intellectual property developed under a paid project will be transferred to the Client upon full payment.
• If the Client has not fulfilled payment obligations, the intellectual property—including source code, designs, documentation—remains the sole property of Accessible ICT Pty Ltd.
• We retain rights to use generic, reusable components or frameworks not unique to the Client.

4. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information and not to disclose it to third parties, except as required by law. This obligation survives contract termination.

5. Dormancy & Project Termination Policy

5.1 Definition of Dormancy

• No meaningful activity, feedback, or approval from the Client for 30 consecutive days.
• Failure to respond or act on required dependencies.
• Outstanding payments past due.

5.2 Termination

After 90 days of dormancy, the project will be considered abandoned and may be terminated. Access to services or platforms may be suspended. Reactivation will be treated as a new engagement.

5.3 Reactivation

• Requires new scope and updated commercial terms.
• May include reactivation or legacy audit fees.

6. Legacy Codebase Disclaimer

• Legacy code may include deprecated frameworks or insecure components.
• No guarantees are provided for dormant/legacy projects regarding stability, security, or compatibility.
• Full redevelopment may be necessary to restore functionality or ensure compliance.

7. Limitation of Liability

To the extent permitted by law, we are not liable for indirect, incidental, or consequential damages, including loss of profits, data, or business interruption.

Total liability is limited to the amount paid by the Client in the 1 month preceding the claim.

No claims may be made regarding projects deemed abandoned. Services are provided “as-is.”

We are not liable for failure due to Force Majeure: acts of God, government actions, internet failures, etc.

8. Termination by Client

Clients may terminate a project with 14 days’ written notice. Upon termination:

• All outstanding fees must be settled within 7 days.
• Completed work will be handed over “as-is.”

9. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Disputes shall be subject to NSW courts.

10. Updates to Terms

We reserve the right to update these Terms at any time. Significant changes will be communicated via email or our website.

11. Data Privacy

We handle personal data in accordance with Australian privacy laws and our Privacy Policy.

12. Service Availability & Support

While we strive for high availability, we do not guarantee uninterrupted service. Support SLAs are defined in individual agreements.

13. Client Responsibilities

The Client agrees to provide timely access to resources and respond to requests to avoid project delays or cost overruns.

14. Third-Party Services

Use of third-party platforms is subject to their terms. We are not liable for third-party service outages or limitations.

15. Indemnification

The Client agrees to indemnify Accessible ICT Pty Ltd and its employees against claims resulting from misuse of services, breach of these Terms, or legal violations.

16. Entire Agreement

These Terms constitute the entire agreement between the Client and Accessible ICT Pty Ltd and supersede prior agreements or understandings.

Contact Information