Terms and Conditions.

1. Introduction

Welcome to Solace Tech Pty Ltd ("Company," "we," "our," or "us"). These Terms and Conditions ("Terms") govern your engagement with our services ("Services"). By engaging our Services, you (the "Client") agree to these Terms.

2. Intellectual Property and Ownership

Client Ownership: Upon completion of the project, the Client retains full ownership rights to the software, accounts, and any associated intellectual property that we set up or create on your behalf. Solace Tech Pty Ltd will facilitate the setup and initial deployment of accounts but all ownership and control will reside with the Client.

Third-Party Licenses: The Client is responsible for maintaining any subscription fees or licenses required for third-party platforms used in the creation and operation of the application.

3. Privacy and Data Security

Data Processing: Data storage and processing will be in accordance with the policies of the platforms utilised. Solace Tech ensures compliance with these platforms’ data security measures and assists in implementing appropriate safeguards.

Liability: Solace Tech is not liable for any data breaches or outages caused by the third-party platforms used. It is the Client’s responsibility to understand and comply with the terms of these platforms.

4. Data Storage

Data storage for the application will adhere to the storage policies of the platforms utilized. Solace Tech will ensure compliance with all relevant security standards provided by these platforms.

5. Payment Terms

Payment Schedule:

50% of the total project fee is due prior to the start date.

25% of the total project fee is due three-quarters of the way through the project.

The remaining 25% is due upon project completion and handover.

Refund Policy: In accordance with Australian Consumer Law, refunds will only be provided in cases where Solace Tech has failed to meet its contractual obligations. Change-of-mind refunds are not available. For incomplete projects, refunds will be prorated based on the completed work and associated expenses.

6. Scope and Extensions

Original Scope: The agreed-upon scope will be detailed in the project proposal. Any extensions or modifications to the original scope may require adjustments to subscription plans or additional fees.

Plan Adjustments: If a requested change necessitates a higher-tier subscription on any platform, the Client will be responsible for the increased subscription costs.

7. Support and Maintenance

Optional Support Plan: Solace Tech offers an optional support and maintenance plan at $50-$200 per month. These plans provides the Client with access to assistance for queries and questions, training and the resolution of minor bugs or issues that may arise in the use of the application. Clients opting into this plan will receive priority support for these services.

Additional Maintenance: Issues outside Solace Tech’s control, including those caused by third-party platform changes or errors deemed above regular maintenance, will be quoted separately for repair.

8. Confidentiality

Obligations: Both Solace Tech and the Client agree to treat all information shared during the engagement as confidential and not disclose it to third parties without prior written consent.

Exclusions: Confidentiality obligations do not apply to information that is publicly available, independently developed, or legally required to be disclosed.

Duration: The confidentiality obligations remain in effect during the engagement and for a period of two years after project completion.

10. User Obligations

Compliance: The Client is responsible for using the software in compliance with all applicable laws, regulations, and third-party platform terms.

Subscription Management: The Client is obligated to maintain active subscriptions for all platforms used in the application.

11. Limitation of Liability

To the maximum extent permitted by law, Solace Tech shall not be held liable for any indirect, incidental, or consequential damages arising from the use of the application or any third-party platform.

12. Right to Terminate

Termination by the Client: The Client may terminate the agreement at any time by providing written notice. Refunds, if applicable, will be handled as per the Refund Policy outlined in Section 5.

Termination by Solace Tech: Solace Tech reserves the right to terminate the agreement if the Client breaches these Terms or fails to meet payment obligations. Written notice will be provided in such cases, and any outstanding fees for work completed will remain due.

Effect of Termination: Upon termination, all work completed up to the termination date will be provided to the Client, and Solace Tech will retain the right to charge for any work performed but not yet paid for.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon notification to the Client. Continued engagement with our Services constitutes acceptance of the revised Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Australia, including but not limited to the Australian Consumer Law (ACL), Privacy Act 1988 (Cth), and all relevant intellectual property laws.