Terms of Service
Last updated: January 2024
1. Agreement to Terms
By accessing or using the website of YUNT Studios Pty Ltd (ABN 12 345 678 901) ("we", "us", or "our") at yunt.com.au (the "Website") or engaging our services, you agree to be bound by these Terms of Service. If you disagree with any part of these terms, you may not access the Website or use our services.
2. Services
YUNT Studios provides custom software development services including but not limited to:
- Internal tooling and dashboard development
- Field service mobile applications
- Legacy system migration
- Customer and partner portal development
- System integrations
- API and backend development
The specific scope, deliverables, timeline, and pricing for any engagement will be detailed in a separate Service Agreement or Statement of Work between YUNT Studios and the Client.
3. Intellectual Property
Website Content: The content on this Website, including text, graphics, logos, images, and software, is the property of YUNT Studios and is protected by Australian and international copyright laws.
Client Work: Unless otherwise specified in a Service Agreement, upon full payment, the Client receives full ownership of all custom code, designs, and deliverables created specifically for them during a project engagement. YUNT Studios retains the right to use general knowledge, techniques, and non-proprietary components developed during the engagement.
Pre-existing Materials: YUNT Studios retains ownership of any pre-existing materials, frameworks, or tools used in the delivery of services, though Clients receive a perpetual license to use such materials as part of their delivered solution.
4. User Responsibilities
When using our Website or services, you agree to:
- Provide accurate and complete information
- Not use the Website for any unlawful purpose
- Not attempt to gain unauthorized access to any portion of the Website
- Not interfere with or disrupt the Website or servers
- Not reproduce, duplicate, copy, sell, or exploit any portion of the Website without express written permission
5. Project Engagements
Proposals and Quotes: Any proposal or quote provided by YUNT Studios is valid for 30 days unless otherwise specified. Proposals are non-binding until a Service Agreement is signed by both parties.
Payment Terms: Payment terms will be specified in the Service Agreement. Standard terms are:
- 30% deposit upon agreement signing
- Progress payments as specified in the agreement
- Final payment upon project completion and delivery
Changes and Scope: Any changes to the agreed scope will be documented in writing and may result in adjustments to timeline and pricing.
6. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of a project engagement. This includes but is not limited to:
- Business processes and strategies
- Technical specifications and architecture
- Customer data and personal information
- Financial information
Confidentiality obligations survive the termination of any agreement for a period of 5 years, unless the information becomes publicly available through no fault of the receiving party.
7. Warranties and Disclaimers
Website: This Website is provided "as is" and "as available" without any warranties of any kind, either express or implied.
Services: YUNT Studios warrants that services will be performed in a professional manner consistent with industry standards. Specific warranties for delivered software will be detailed in the Service Agreement.
Third-Party Services: We are not responsible for the performance, availability, or policies of third-party services that may be integrated with our deliverables (e.g., cloud hosting, payment processors, APIs).
8. Limitation of Liability
To the maximum extent permitted by applicable law, YUNT Studios shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses.
Our total liability for any claims arising from or related to these terms or our services shall not exceed the amount paid by you to YUNT Studios in the twelve (12) months preceding the claim.
9. Indemnification
You agree to indemnify, defend, and hold harmless YUNT Studios, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with:
- Your access to or use of the Website
- Your violation of these Terms
- Your violation of any third-party rights
- Any content or data you provide to us
10. Termination
Website Access: We reserve the right to terminate or suspend your access to the Website immediately, without prior notice, for any reason.
Service Agreements: Termination of service engagements will be governed by the terms specified in the relevant Service Agreement. Generally, either party may terminate with 30 days written notice, subject to payment for work completed.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.
12. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of any material changes by updating the "Last updated" date at the top of these Terms. Your continued use of the Website after any changes constitutes acceptance of the new Terms.
13. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
14. Contact Information
For any questions about these Terms of Service, please contact us:
YUNT Studios Pty Ltd
Level 1, 55 Collins Street
Melbourne, VIC 3000
Australia
Email: hello@yunt.com.au
Phone: +61 3 9999 8888