Legal
The standard terms that apply to Coltin quotes, proposals and work — covering scope, fees, intellectual property, AI & automation, Australian Consumer Law and liability.
These Service & Engagement Terms ("Terms") apply to all quotes, proposals, orders and work provided by Coltin IT Solutions (ABN 44 622 926 953) ("Coltin", "we", "us" or "our") to a client ("Client", "you" or "your"), unless we have agreed otherwise in writing.
By accepting a quote or proposal, instructing us to begin work, or otherwise engaging our services, you agree to be bound by these Terms. If there is any inconsistency between these Terms and a written quote or proposal, the specific terms of that quote or proposal prevail to the extent of the inconsistency.
Quotes are valid for the period stated, or for 30 days if no period is stated. A quote becomes a binding agreement once you accept it in writing, pay a deposit, or instruct us to start work.
We may offer a free Website Discovery Session (normally valued at $500). If you proceed with us, $500 will be credited toward a new website build or website optimisation package. The credit is valid for 60 days from the session, is limited to one per business, applies only against a new build or optimisation package, is subject to a discovery call and written proposal, is not redeemable for cash, and may be varied or withdrawn by Coltin at any time.
We will provide the Services and Deliverables expressly described in the applicable Quote or Proposal. Anything not expressly specified is out of scope.
Examples of work that is out of scope unless expressly agreed include additional pages, features or revisions beyond those specified, content creation, ongoing maintenance, training, migrations, and integration with systems not listed in the Quote.
If you request work outside the agreed scope, that is a variation. Additional work attracts additional fees. We will not carry out variations until the scope and additional fees are agreed in writing. Variations may also affect timelines.
To enable us to deliver the Services, you agree to:
Any timeframes or delivery dates we provide are estimates only and not guarantees. Delivery depends on factors including the timeliness of your content, approvals and feedback, and the performance of Third-Party Services. We are not responsible for delays caused by you, by third parties, or by matters outside our reasonable control.
Fees are as set out in the Quote. Unless stated otherwise:
Unless stated otherwise, all fees are exclusive of GST, and GST will be added to taxable supplies at the applicable rate (currently 10%).
Delivery of the Services may rely on Third-Party Services, including hosting, domains, plugins, payment gateways, and AI providers, models and APIs. These are supplied subject to their own terms and on an "as is" basis.
To the maximum extent permitted by law, Coltin is not liable for any outage, change, fault, discontinuation, pricing change or breach by a third party, or for any loss arising from a Third-Party Service. You may be required to enter into your own agreements with, and pay fees to, third-party providers.
Ownership of the final Deliverables passes to you on full payment of all amounts owing for them. Until then, all intellectual property in the Deliverables remains with Coltin.
Coltin retains all rights in its pre-existing intellectual property, tools, frameworks, templates, code libraries and know-how, including anything developed before or independently of the engagement. To the extent any of this is incorporated into a Deliverable, Coltin grants you a non-exclusive, non-transferable licence to use it as part of the Deliverable.
Coltin retains a non-exclusive right to showcase and describe the work in its portfolio and marketing. You warrant that Client Materials you supply do not infringe the intellectual property or other rights of any third party.
We warrant that we will provide the Services with due care and skill.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that you may have under the Australian Consumer Law (ACL) or any other law, where it would be unlawful to do so.
Where the ACL applies and our liability for failing to comply with a consumer guarantee can be limited (and the goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption), our liability is limited, at our option, to:
Where the Services involve AI or automation, the following applies in addition to the rest of these Terms:
To the maximum extent permitted by law, and subject to clause 11 and the ACL:
You indemnify Coltin against any claims, losses, liabilities, costs and expenses arising from or in connection with: (a) Client Materials or content you supply; (b) your use of the Deliverables; or (c) your breach of these Terms or any applicable law.
We take reasonable care in handling your data in the course of providing the Services. Except where we have expressly agreed in writing to provide backup services, you are responsible for maintaining your own backups of your data, content and systems.
No system is completely secure, and we do not provide any absolute warranty of security against unauthorised access, loss or interference.
Each party must keep confidential the non-public information of the other party disclosed in connection with the engagement, and use it only for the purpose of the engagement, except where disclosure is required by law or the information is or becomes public other than by breach of these Terms.
Either party may terminate an engagement in the circumstances set out in the relevant Quote, or where the other party materially breaches these Terms and fails to remedy the breach within a reasonable time of being notified.
On termination or cancellation, you must pay for all Services performed and costs reasonably incurred up to the date of termination. A deposit of 50% is payable to confirm your booking and commence work. If you cancel before we start work, the deposit is refundable less any costs we have already reasonably incurred (for example, discovery or planning). Once work has commenced, the deposit is non-refundable, as it covers the work performed, costs incurred and the time and resources we have committed to your project; where the deposit exceeds the value of the work performed and costs incurred at the date of cancellation, we will refund the difference. If we are unable to deliver the Services, we will refund amounts paid for Services not performed. Nothing in this clause limits your rights under the Australian Consumer Law.
Coltin is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, illness, power or internet outages, failures of Third-Party Services, industrial action, or government action. Affected obligations are suspended for the duration of the event.
If a dispute arises, the parties agree to first attempt to resolve it through good-faith discussion. If it cannot be resolved within a reasonable time, the parties agree to attempt mediation before commencing court proceedings, except where urgent injunctive relief is required.
These Terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from them.
Note: These Service & Engagement Terms also serve as the standard terms attached to, and forming part of, any quote or proposal issued by Coltin. By accepting a Coltin quote or proposal, you accept these Terms.