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Terms and Conditions

Welcome to Smartify Plus! This page outlines the terms and conditions that govern the use of our services and website. By accessing or using our services, you agree to comply with these terms. Please read them carefully.

  1. Scope of Services:
    The services provided by KAM Products Pty Ltd trading as Smartify Plus are as outlined in the proposal. Any additional services will require a separate agreement.

    2. Payment Terms:
    • Payment Schedule: 100% upfront for each service type.
    • Accepted Payment Methods: Bank transfer, credit card, or PayPal.
    • Late Payment: A late fee of 2% per month will be applied to overdue invoices.
    • All costs are GST exclusive.

    3. Confidentiality:
    • Both parties agree to keep all information exchanged during the project confidential for a period of five years from the date of disclosure.

    4. Intellectual Property:
    • KAM Products Pty Ltd trading as Smartify Plus retains ownership of all intellectual property created during the project. The client is granted a non-exclusive, non-transferable license to use the deliverables for their intended purpose.

    5. Warranties and Disclaimers:
    • KAM Products Pty Ltd trading as Smartify Plus warrants that the services will be performed with reasonable skill and care. No other warranties, express or implied, are provided.

    6. Limitation of Liability:
    • KAM Products Pty Ltd trading as Smartify Plus’s liability for any damages arising from the project is limited to the total fees paid by the client. KAM Products Pty Ltd trading as Smartify Plus is not liable for any indirect or consequential damages.

    7. Termination:
    • Either party may terminate the agreement with 30 days’ written notice. In the event of termination, the client will pay for all services rendered up to the termination date.

    8. Change Management:
    • Any changes to the project scope or deliverables must be agreed upon in writing. Additional costs or time required will be mutually agreed upon.

    9. Governing Law:
    • This agreement is governed by the laws of New South Wales, Australia.

    10. Force Majeure:
    • Neither party is liable for any failure to perform due to events beyond their control, such as natural disasters, pandemics, or government actions.

    11. Dispute Resolution:
    • Any disputes arising from this agreement will be resolved through mediation. If mediation fails, the dispute will be settled through arbitration in Sydney, New South Wales.

    12. Acceptance Criteria:
    • Deliverables will be deemed accepted if no written notice of rejection is provided within 10 business days of delivery.

    13. Support and Maintenance:
    • Post-implementation support is provided for 90 days after project completion and is invoiced in advance. Additional support services can be arranged under one of the proposed services in the proposal.

    14. Compliance with Laws:
    • KAM Products Pty Ltd trading as Smartify Plus will comply with all relevant Australian laws and regulations, including the Australian Consumer Law and Privacy Act.

    15. Entire Agreement:
    • This agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.
    • KAM Products Pty Ltd, trading as Smartify Plus, reserves the right to review and adjust the service fee, terms, and conditions at any time with prior notice.

By using our services, you acknowledge and agree to the above terms and conditions. If you have any questions or concerns, please contact us at the provided contact information.

Smartify Terms and Conditions