Terms of service

01About these terms

These terms apply when you use our website or buy services from Cyberscape IT, ABN 68 824 287 472 ("we", "us", "our").

When you accept a proposal from us, the agreement between us is made up of:

1. the proposal you accept, including its scope, price and any special terms
2. these terms of service
3. our privacy policy, which explains how we handle personal information

If the proposal and these terms conflict, the proposal wins. "You" means the business that accepts the proposal, and the person accepting it confirms they're authorised to do so.

02Our services

We design, build, host and look after a custom web app for your business, as described in your proposal.

Setup. We map your process, design and build your app, test it, and work through it with you on a test version. The app goes live when you approve it.

Every plan includes:

• hosting of your app
• daily backups and regular restore tests
• uptime monitoring
• security patching and updates
• email support, with a response by the next business day
• the number of small changes each month that your plan includes
• a full export of your data on request

Plans. Starter, Growth and Scale differ in user numbers, integrations and monthly changes, as set out in your proposal. Scale includes a quarterly review of your system.

We may use subcontractors and AI-assisted development tools to deliver the services. We remain responsible for their work.

03Fees and payment

You pay a one-off setup fee and a monthly fee, both fixed in your proposal. We don't bill by the hour.

• Setup fee: 50% when you accept the proposal and the rest when your app goes live.
• Spreading the setup fee: you can choose to pay it over your first 12 months instead, for 10% more in total. If the agreement ends before all instalments are paid, the remaining instalments become due, unless it ends because we breached these terms.
• Monthly fee: starts when your app goes live and is charged monthly in advance, by direct debit or card through our payment provider, Stripe.
• GST: all prices are in Australian dollars and are the full amount you pay. If GST applies, it's included in the price, never added on top.
• Price changes: your monthly fee won't change during your minimum term. After that, we'll give you at least 30 days' written notice of any increase, and you can cancel before it takes effect at no cost.

If a payment fails, we'll let you know and try again. If an amount is still unpaid 14 days after we've notified you, we may suspend the service as described under "Suspension and ending the agreement".

04Term, renewal and cancellation

Starter and Growth plans run for a 12-month minimum term from the day your app goes live, then continue month to month. Scale plan terms are set out in your proposal.

• After the minimum term: either of us can end the agreement by giving 30 days' written notice. Email is fine.
• During the minimum term: you can still cancel with 30 days' written notice. You'll pay 50% of the monthly fees left in your minimum term, because the setup fee doesn't cover our full build cost. For example, with 6 months left, you'd pay 3 months' fees.
• Before go-live: you can stop the build at any time. You pay for the work completed to date, up to the setup fee, and we refund anything you've paid above that.

When the agreement ends, we give you a complete export of your data in a common format such as CSV or JSON. We keep your app available, read-only, for 30 days so you can check the export. We then delete your data as described in our privacy policy.

05Changes, new work and the pilot program

Small changes. Your plan includes a set number of small changes each month, such as a new field, a report, a form tweak or a new notification. Unused changes don't carry over to the next month. If we think a request is bigger than a small change, we'll tell you before starting.

New work. Anything bigger gets a fixed quote. We only start once you've accepted it in writing.

Pilot program. Our first three clients get 50% off the setup fee. In return, you agree we may:

• ask you to give feedback during the build and the first month after go-live
• publish a short case study about your project, naming your business, once your app is live

You'll see and approve the case study before we publish it, and we won't include confidential information or personal information about your customers. Everything else in these terms applies to pilot clients as normal.

06Support and availability

We respond to support requests by the end of the next business day. Business days are Monday to Friday, 9am to 5pm Melbourne time, excluding Victorian public holidays.

Send support requests to support@cyberscapeit.com.

Availability. We monitor your app and work to keep it running, but no online service can promise it will never go down. We give at least 48 hours' notice of planned maintenance and do it outside business hours where we can. We're not responsible for outages caused by things outside our reasonable control, such as major outages at our hosting provider. Any uptime guarantee is set out in your proposal.

07Your responsibilities and acceptable use

To build and run your app well, we need you to:

• give us accurate information about your process and respond to questions during the build in reasonable time
• review and approve the app on the test version before go-live
• manage who in your business has access, and remove users who leave
• keep passwords and sign-in details secure, and tell us promptly if you think an account has been compromised
• make sure you're allowed to collect and use the information you put in your app, and tell your own users how it's handled

You must not use the app or our services to:

• break any law, including privacy, spam and consumer laws
• store or send malicious code, or try to get around the app's security
• access other clients' systems or data
• infringe anyone's intellectual property or privacy

If delays on your side hold up the build by more than 30 days, we may reschedule the remaining work to fit our other commitments.

08Your data, confidentiality and intellectual property

Your data is yours. You own the information you and your users put into your app. We handle it only to provide our services to you, as described in our privacy policy. We don't sell it or use it for anything else. You can ask for a full export at any time.

Security. We protect your data with the security measures described on our website and in our privacy policy. If we become aware of a breach affecting your data, we'll tell you promptly and help you meet your own obligations.

Confidentiality. Each of us will keep the other's confidential information private and use it only for this agreement. This doesn't cover information that's already public, or that the law requires someone to disclose. This promise continues after the agreement ends.

Intellectual property.

• You own your data, content, logos and branding. You give us permission to use them only to build and run your app.
• We own our platform: the shared foundations, reusable components, tools and know-how we use across clients, including improvements we make while working with you.
• While the agreement is in place, you have the right to use your app in your business.
• If you'd like to take your app's source code with you when you leave, ask us for a fixed-price buyout quote.

Nothing in these terms stops us building similar software for other clients, as long as we don't use your data or confidential information to do it.

09Liability and Australian Consumer Law

Your consumer rights come first. Our services come with guarantees under the Australian Consumer Law, including that we'll provide them with due care and skill. Nothing in these terms excludes, restricts or changes any right or remedy you have under that law that can't lawfully be excluded.

Where the law allows, if we fail to meet a consumer guarantee, our liability is limited to supplying the affected services again or paying the cost of having them supplied again.

Limits that apply to both of us, to the extent the law allows:

• Neither of us is liable for indirect or consequential loss, such as lost profits, lost revenue or loss of opportunity.
• Each party's total liability under this agreement in any 12-month period is limited to the fees you paid us in the 12 months before the claim arose. This limit doesn't apply to your obligation to pay fees, to breaches of confidentiality, or to loss caused by fraud or wilful misconduct.
• Each party's liability is reduced to the extent the other party caused or contributed to the loss.

10Suspension, ending the agreement and general terms

Suspension. If a payment is still overdue 14 days after we've told you about it, we'll give you a further 7 days' written notice before suspending access to your app. Your data stays safe while access is suspended, and we restore access promptly once you've paid. If there's an active security threat, we may take the affected part of your app offline straight away to protect you, and we'll tell you as soon as we can.

Ending the agreement for breach. Either of us can end the agreement by written notice if the other:

• seriously breaches these terms and doesn't fix the breach within 30 days of being asked in writing, or
• becomes insolvent or stops carrying on business.

If you end the agreement because of our breach, you don't pay any remaining minimum-term fees, and we refund any fees you've paid in advance for the period after it ends.

Changes to these terms. We'll give you at least 30 days' written notice of any change. Changes won't apply during your current minimum term unless you agree. If a change disadvantages you, you can end the agreement before it takes effect at no cost.

Disputes. If a dispute comes up, we'll first try to resolve it by talking. If that doesn't work within 30 days, either of us can refer it to mediation before going to court, except where urgent court orders are needed.

Our website. Information on our website is general and may change. You may not misuse the site, for example by trying to disrupt it or access it without permission.

Other terms.

• These terms are governed by the laws of Victoria, Australia.
• Notices can be sent by email to the addresses each of us has given the other.
• Neither of us can transfer this agreement without the other's consent, except as part of a sale of the business with written notice.
• If any part of these terms can't be enforced, the rest still applies.