Terms and Conditions

1. Who we are

CSMT3CH ("CSMT3CH", "we", "us" or "our") is an Australian technology consultancy that designs and builds bespoke web, mobile, data and AI solutions for small and medium businesses. You can contact us at admin@csmt3ch.com.au.

2. Acceptance of these terms

These terms and conditions govern your use of our website at csmt3ch.com.au (the "Site") and, unless replaced by a signed agreement, the professional services we provide. By using the Site or engaging us, you agree to be bound by these terms. If you are acting on behalf of a business, you confirm that you have authority to accept these terms for that business.

3. Use of this website

You may use the Site for lawful purposes only. You must not:

• use the Site in a way that interferes with its operation or compromises its security;
• attempt to gain unauthorised access to the Site, its servers or any connected systems;
• use any automated means to scrape, copy or harvest content from the Site without our written consent; or
• use the Site to transmit any material that is unlawful, misleading or harmful.

The Site and its content are provided for general information about our services. While we take care to keep the content accurate and up to date, it does not constitute professional advice, and we may change it at any time without notice.

4. Our services

We provide software consultancy and development services, including discovery, design, architecture, development, data and AI solutions. Each engagement is defined in a written proposal or statement of work (a "Proposal") that sets out the scope, deliverables, timelines and fees. If there is any inconsistency between a signed Proposal and these terms, the Proposal prevails for that engagement.

Work outside the agreed scope of a Proposal (including material changes to requirements after acceptance) will be quoted separately and only carried out once agreed in writing.

5. Quotes, fees and payment

• Discovery conversations and initial proposals are provided at no cost unless we agree otherwise.
• Our fees are fixed-price as set out in the relevant Proposal. Quotes remain valid for 30 days unless stated otherwise.
• Invoices are payable within 14 days of the invoice date unless the Proposal specifies different terms.
• Unless stated otherwise, fees are expressed exclusive of GST, which will be added where applicable.
• If an invoice remains unpaid after its due date, we may suspend work until payment is received.

6. Your responsibilities

To enable us to deliver on time and on budget, you agree to:

• provide timely access to the information, content, systems and people reasonably required for the engagement;
• review and respond to deliverables, questions and approval requests within a reasonable time;
• ensure that any material you provide to us does not infringe the rights of any third party; and
• obtain any third-party licences or consents needed for us to perform the services.

If delays on your side materially affect timelines or cost, we will let you know as early as possible and agree any adjustments with you in writing.

7. Intellectual property

Upon full payment of all fees for an engagement, the intellectual property rights in the bespoke deliverables we create for you under that engagement are assigned to you, unless the Proposal states otherwise.

We retain ownership of our pre-existing materials — including tools, frameworks, libraries, templates, know-how and methodologies — that we use or include in the deliverables. Where such materials form part of a deliverable, we grant you a perpetual, non-exclusive, royalty-free licence to use them as part of that deliverable.

All content on the Site, including text, graphics, logos and code, is owned by or licensed to us and is protected by copyright and other intellectual property laws. You may not reproduce it without our written permission, except as permitted by law.

8. Confidentiality

Each party agrees to keep the other party's confidential information confidential, to use it only for the purposes of the engagement, and not to disclose it to any third party except as required by law or with the other party's consent. This obligation survives the end of any engagement.

9. Third-party products and links

Deliverables may incorporate or depend on third-party products and services (for example hosting platforms, APIs, payment providers or open-source software). Those products are governed by their own licence terms, and we are not responsible for their availability, performance or pricing. The Site may also contain links to external websites that we do not control, and we accept no responsibility for their content.

10. Warranties and the Australian Consumer Law

We will perform our services with due care and skill and in a professional manner. Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded.

To the extent permitted by law, all other warranties, whether express or implied, are excluded. Where our liability for breach of a non-excludable guarantee can be limited, it is limited (at our option) to re-supplying the services or paying the cost of having the services re-supplied.

11. Limitation of liability

To the maximum extent permitted by law, we are not liable for any indirect or consequential loss, loss of profits, loss of revenue, loss of data or loss of business opportunity arising out of or in connection with the Site or our services. To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with an engagement is limited to the fees paid by you under that engagement in the 12 months preceding the event giving rise to the claim.

12. Termination

Either party may terminate an engagement by written notice if the other party materially breaches these terms or a Proposal and fails to remedy the breach within 14 days of being notified of it. On termination, you must pay for all work performed up to the date of termination, and each party must return or destroy the other party's confidential information on request.

13. Privacy

We handle personal information in accordance with our Privacy Policy, available on this Site. By using the Site or engaging us, you acknowledge that our handling of your personal information is governed by that policy.

14. Changes to these terms

We may update these terms from time to time. The latest version will always be published on this page with the date of the most recent update. Changes apply from the time they are published, but do not affect any signed Proposal already in effect.

15. Governing law

These terms are governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the Australian courts in connection with any dispute arising out of these terms.

16. Contact us

If you have any questions about these terms, please contact us at admin@csmt3ch.com.au.