Terms of Service
Last updated: 5 September 2024
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Iterate IT ("Company," "we," "our," or "us") regarding your use of our website and professional IT consulting services.
By accessing our website at https://iterateit.au or engaging our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our website or services.
2. Description of Services
Iterate IT provides professional IT consulting services including but not limited to:
- AI Integration & Strategy: AI implementation, automation solutions, and strategic planning
- Data Governance & Insights: Data management, business intelligence, and analytics solutions
- Project Management Excellence: IT project delivery and transformation management
- Empowerment Through Training: Professional IT training and capability development
Specific service details, deliverables, timelines, and fees will be outlined in separate service agreements or statements of work.
3. Service Agreements
All consulting services are provided under separate written agreements that include:
- Detailed scope of work and deliverables
- Project timelines and milestones
- Fees, payment terms, and expenses
- Intellectual property rights
- Confidentiality provisions
These Terms supplement and do not replace individual service agreements.
4. Payment Terms
4.1 Fees and Billing
- Fees are specified in individual service agreements
- Invoices are typically issued monthly or upon completion of milestones
- Payment terms are generally Net 30 days unless otherwise specified
- All fees are quoted in Australian Dollars (AUD) unless otherwise stated
4.2 Late Payment
- Late payment fees of 1.5% per month may apply to overdue invoices
- Services may be suspended for accounts more than 60 days overdue
- Client is responsible for all collection costs and legal fees
5. Client Responsibilities
To ensure successful project delivery, clients agree to:
- Provide timely access to necessary systems, data, and personnel
- Designate appropriate project contacts and decision-makers
- Provide accurate and complete information relevant to the project
- Review and approve deliverables within agreed timeframes
- Make timely payments according to agreed terms
- Comply with all applicable laws and regulations
6. Confidentiality
Both parties acknowledge that confidential information may be disclosed during the course of our business relationship. We agree to:
- Maintain strict confidentiality of all client information
- Use confidential information solely for service delivery purposes
- Implement appropriate security measures to protect confidential data
- Return or destroy confidential information upon request or project completion
Confidentiality obligations survive termination of our business relationship.
7. Intellectual Property
7.1 Client IP
All client intellectual property, including existing data, systems, and business processes, remains the exclusive property of the client.
7.2 Iterate IT IP
Our methodologies, frameworks, tools, and pre-existing intellectual property remain our exclusive property.
7.3 Work Product
Unless otherwise specified in a service agreement, work product created specifically for the client becomes the client's property upon full payment of fees.
8. Warranties and Disclaimers
8.1 Professional Standards
We warrant that our services will be performed in a professional manner consistent with industry standards and practices.
8.2 Disclaimers
EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE PROVIDE OUR SERVICES "AS IS" AND DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- Our total liability for any claim shall not exceed the fees paid by the client for the specific services giving rise to the claim
- We shall not be liable for indirect, incidental, special, consequential, or punitive damages
- We shall not be liable for loss of profits, data, or business opportunities
- Our liability for any claim must be asserted within one (1) year of the incident
10. Indemnification
Client agrees to indemnify and hold harmless Iterate IT from claims arising from:
- Client's breach of these Terms or any service agreement
- Client's negligent or unlawful acts or omissions
- Third-party claims related to client's use of our deliverables
- Client's violation of applicable laws or regulations
11. Termination
11.1 Termination for Convenience
Either party may terminate a service engagement with 30 days written notice.
11.2 Termination for Cause
Either party may terminate immediately for material breach that remains uncured after 15 days written notice.
11.3 Effect of Termination
- Client remains liable for all fees incurred up to termination date
- We will deliver all completed work product upon payment of outstanding fees
- Confidentiality and intellectual property provisions survive termination
12. Force Majeure
Neither party shall be liable for delays or failures in performance due to circumstances beyond their reasonable control, including natural disasters, government actions, war, terrorism, pandemics, or infrastructure failures.
13. Governing Law and Dispute Resolution
13.1 Governing Law
These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles.
13.2 Dispute Resolution
Any disputes arising from these Terms or our business relationship shall be resolved through:
- Direct Negotiation: Good faith discussions between the parties
- Mediation: Formal mediation if negotiation fails
- Arbitration: Binding arbitration under Australian Commercial Arbitration Rules
14. General Provisions
14.1 Entire Agreement
These Terms, together with any service agreements and our Privacy Policy, constitute the entire agreement between the parties.
14.2 Amendments
We may update these Terms from time to time. Material changes will be communicated via email or website notice.
14.3 Severability
If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14.4 Assignment
These Terms may not be assigned by either party without the other party's written consent, except in connection with a merger or acquisition.
15. Contact Information
For questions about these Terms of Service, please contact us:
Iterate IT
Email: info@iterateit.au
Phone: 0459 041 501
Address: Sydney, NSW, Australia
16. Professional Standards
Iterate IT is committed to maintaining the highest professional standards and ethical practices in all our business relationships. We are members of relevant professional associations and comply with industry codes of conduct.