Terms

About these terms

These terms apply to your use of https://fixedpointlabs.com.au and to any services supplied by Clayton Ty Waldock (ABN 69 950 878 375), trading as Fixed Point Labs.

Where we have signed a separate written proposal, quote or services agreement with you, that document takes precedence over these terms to the extent of any inconsistency.

Using this website

The content on this site is provided for general information. We take care to keep it accurate and current, but we do not warrant that it is free of errors or that it is suitable for your particular circumstances. Pricing shown on this site is indicative and is not an offer capable of acceptance — a binding price is only ever the one in a written quote.

You may not use this site in a way that is unlawful, that interferes with its operation or security, or that attempts to gain unauthorised access to any system behind it.

Quotes and scope

Work begins once you accept a written quote. The quote sets out the deliverables, the timeline and the price, and that scope is what we are agreeing to build.

Anything outside the agreed scope is quoted separately and only starts once you approve it in writing. We do not add charges after the fact.

Quotes are valid for 30 days from the date of issue unless stated otherwise.

Accepting a quote by email, or through any online approval we send you, forms a binding agreement. Electronic acceptance and electronic signatures have the same effect as signing on paper under the Electronic Transactions Act 2000 (NSW) and the Electronic Transactions Act 1999 (Cth).

Fees, payment and GST

Unless the quote says otherwise, a deposit is payable before work starts, with the balance payable as set out in the quote. Invoices are due within 7 days.

We are not currently registered for GST, so no GST is charged and the prices shown on this site and in our quotes are the total amount payable. If we become registered, we will tell you before it affects an existing quote.

Third-party costs — domain registration, premium licences, stock photography, paid integrations — are passed on at cost and are your responsibility on an ongoing basis.

We may pause work or suspend a hosted site if an invoice remains unpaid more than 14 days after its due date, after giving you notice and a reasonable chance to fix it.

What we need from you

Projects run to schedule when content, feedback and approvals arrive when they're needed. If a project stalls on your side for more than 30 days, we may invoice for work completed to date and reschedule the remainder.

You warrant that any text, images, logos, fonts or other material you give us is either owned by you or properly licensed for the use you're asking us to make of it, and that using it will not infringe anyone else's rights.

Intellectual property and ownership

On final payment, ownership of the custom design and source code we produced for your project transfers to you. You can host it wherever you like and take it to any other developer.

We keep ownership of anything pre-existing we bring to the project — our internal tooling, libraries, boilerplate and processes — and grant you a perpetual, non-exclusive licence to use it as part of your site.

Third-party components stay under their own licences, which pass to you unchanged.

Unless you ask us not to, we may show the finished work in our portfolio and describe our involvement in it.

Hosting, maintenance and care plans

Care plans are billed monthly in advance and run month to month. Either of us can cancel with 30 days' written notice, and there are no exit fees.

We will give you at least 30 days' written notice before changing the price of a care plan, so you always have the chance to cancel before a new price takes effect. We will not change the price of a plan part-way through a month you have already paid for.

On cancellation we will hand over the full source code and assist with a reasonable transfer of hosting and domain control. Any work required beyond a reasonable handover is quoted separately.

We rely on third-party hosting infrastructure and do not warrant uninterrupted availability. We will keep you informed of any incident that materially affects your site.

Included content updates and support allowances do not accrue or carry over between months.

Your rights under the Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

In New South Wales the Australian Consumer Law applies as a law of the state under the Fair Trading Act 1987 (NSW), and is administered here by NSW Fair Trading.

Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law.

Limitation of liability

To the extent permitted by law, and other than for liability that cannot be excluded under the Australian Consumer Law, our total liability arising out of or in connection with the services is limited, at our option, to re-supplying the services or paying the cost of having them re-supplied.

To the extent permitted by law, we are not liable for indirect or consequential loss, loss of profits, loss of revenue or loss of data.

We are not responsible for outcomes that depend on third parties — search engine rankings, the availability of a third-party service, or the accuracy of content you supply.

Confidentiality and privacy

We keep your business information confidential and only use it to deliver the services, except where disclosure is required by law.

Personal information is handled in accordance with our Privacy Policy at https://fixedpointlabs.com.au/privacy.

Ending an engagement

You can cancel a project at any time in writing. You are liable for work completed up to that point, and deposits covering work already performed are not refundable. Anything you have paid that exceeds the value of the work done is refunded to you.

Either of us may end an engagement if the other materially breaches these terms and does not fix it within 14 days of being told about it in writing.

Sorting out a disagreement

If something goes wrong, tell us first. Put the problem in writing and we will respond within 10 business days and try to resolve it directly. Most things are fixable at this stage.

If that doesn't work, you can lodge a complaint with NSW Fair Trading at fairtrading.nsw.gov.au or on 13 32 20. They offer a free dispute resolution service.

You can also bring a consumer claim in the Consumer and Commercial Division of the NSW Civil and Administrative Tribunal (NCAT), which hears consumer claims up to $100,000 — more than any package on this site. NCAT is designed to be used without a lawyer.

Nothing here stops you from going straight to a court or tribunal, or from exercising any right you have under the Australian Consumer Law.

Things outside our control

Neither of us is liable for failing to meet an obligation because of something genuinely outside our reasonable control, such as a natural disaster, a major outage at an upstream provider, or a change in the law. If that happens we will tell you promptly and agree a revised timeline.

Assignment

We may assign, novate or otherwise transfer our rights and obligations under these terms, or under any engagement with you, to another party — including in connection with the sale, merger or restructure of the business — provided the new party agrees to be bound by the same terms. We will give you reasonable written notice before doing so.

You may not assign or transfer your rights or obligations under these terms without our prior written consent.

Governing law

We operate from New South Wales. These terms are governed by the laws of New South Wales, Australia, and both of us submit to the non-exclusive jurisdiction of the courts and tribunals of that place.

"Non-exclusive" matters: it means this clause does not shut you out of a court or tribunal elsewhere in Australia that would otherwise have jurisdiction over the dispute.

Changes and contact

We may update these terms from time to time. The version published on this page at the time you accept a quote is the version that applies to that engagement.

Questions about these terms: clayton@fixedpointlabs.com.au, or Raymond Terrace NSW 2324, Australia.