Terms and Conditions
Application
These Terms and Conditions (“Terms”) apply to all contracts and all work undertaken by HYBRID AI Solutions Pty Ltd (ABN 56684924785) (“we”, “us”) and together with the agreement shall constitute the Agreement between The Client (“you”) and us.
The Agreement will commence on the date that you execute a copy of these Terms, make payment of the Deposit, or agree to a payment schedule, whichever is earlier.
If acceptance does not take place within 28 days from the date the Agreement is provided to you, then our offer will lapse and not be capable of acceptance.
The Agreement shall continue in force until:
✔ The Services have been completed; and
✔ All Fees and Costs have been paid to us, subject to termination in accordance with the
Agreement.
Breach & Termination
We may terminate this agreement immediately if you:
- Fail to pay any fees or costs when they fall due for payment.
- Contravene any obligations pursuant to the terms of this agreement.
- Fail to respond to our communication in a reasonable and timely manner.
- Fail to act in a professional manner.
- Disparage us on social media, forums, reviews, or websites.
- Fail to supply timely and adequate access to any of the platforms or tools that we will Require to perform the services.
- Cancel any direct debit authority.
Termination of the agreement under clause 3 does not affect your liability to pay the fees
And costs.
Breach & Termination
We may terminate this agreement immediately if you:
- Fail to pay any fees or costs when they fall due for payment.
- Contravene any obligations pursuant to the terms of this agreement.
- Fail to respond to our communication in a reasonable and timely manner.
- Fail to act in a professional manner.
- Disparage us on social media, forums, reviews, or websites.
- Fail to supply timely and adequate access to any of the platforms or tools that we will Require to perform the services.
- Cancel any direct debit authority.
Termination of the agreement under clause 3 does not affect your liability to pay the fees
And costs.
Confidentiality
A party (Receiving Party) shall keep in strict confidence all technical or commercial know how, specifications, or processes which are of a confidential nature and have been disclosed to the Receiving Party, its employees, agents, or subcontractors, and any other confidential
information concerning the Disclosing Party’s business or its products or services.
This clause shall survive termination of the Contract.
Limitation of Liability and Indemnity
Nothing in this Agreement will limit or exclude any liability for fraud or fraudulent misrepresentation.
To the maximum extent permitted by law, our liability to you under this Agreement shall be limited at our option to the replacement or resupply of the Services or a refund of the fees that were paid under this Agreement.
Neither party shall be liable for any loss of profits or anticipated savings, special, indirect, or consequential loss or damage.
Our liability to you under this Agreement shall not exceed the total amount paid and payable by you to us under this Agreement in the 12 months preceding the commencement of the event or events.
You shall indemnify and keep us indemnified fully against all liabilities, costs, and expenses
incurred by us because of the provision of the Services.
Web Design, Sales Funnels, and Landing Pages
A 75% deposit is required prior to commencement. The remaining 25% is due before transfer or one month after the project starts, whichever comes first.
The Client may request variations within the set limits outlined in the agreement.Once the Project is complete, it will be available for inspection for a period of 7 days.
If the final invoice is not paid, an additional 10% per month fee will be incurred.
Third Party Plugins and Applications
Third-party software may be incorporated. Any required license fees are the responsibility of the Client.
Failure to incorporate a Plugin due to third-party limitations shall not constitute a breach of this Agreement.
Search Engine Optimisation (SEO)
We agree to optimise your website in accordance with the agreement with the aim of achieving a prominent position in search engine results.
Your monthly direct debit and invoice will commence one week after keyword delivery or on-site SEO completion, whichever occurs first.
We agree to promote your business on Facebook in accordance with the agreement.
You acknowledge Facebook advertisements are subject to Facebook’s terms and may be rejected by Facebook for any reason. If an advertisement is rejected, this will not affect your liability to pay our Fees.
Your monthly direct debit and invoice will commence one week after you receive the copy for your advertisements or when your campaign goes live, whichever occurs first.
Warranties
We warrant that we will complete the Services in a professional manner.
You warrant that you own, or have necessary permissions for, all materials provided.
Failed Direct Debits
If a debit is returned unpaid, a failed payment fee will be payable by you to us.
No additional content will be created or modified during unpaid periods.
(Severability) If a provision is unenforceable or invalid, it is to be read down or severed without affecting the remaining provisions.
(Entire Agreement) This Agreement supersedes all other negotiations, representations, warranties, or agreements.
(Variation) No variation to this Agreement will be valid unless in writing and executed by all parties.
(No Waiver) Any rights under this Agreement may not be waived or varied except in writing signed by the party to be bound.
(Jurisdiction) The laws of WA govern this Agreement, and each party submits to the exclusive jurisdiction of the courts of WA.