Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you", "your") and Agentive Services Pty Ltd (ABN 55 691 535 547), trading as AppInWeek ("we", "us", "our", "Company").

By accessing our website, submitting a project inquiry, or engaging our services, you agree to be bound by these Terms. If you do not agree, do not use our services.

These Terms are governed by the laws of Australia, including the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL).

2.1 Scope of Services
AppInWeek provides custom software development services, including but not limited to:

• Proof of Concept (POC) / Demo Apps: $100, delivered within 2 business days. Includes working prototype with mock data, deployed URL, and source code.
• Minimum Viable Product (MVP): $5,000 - $15,000, delivered within agreed timeframe. Includes production-ready application with real databases, user authentication, and full functionality.
• Full Product Development: $15,000+, custom pricing and timeline based on scope.

2.2 Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. Pricing and delivery timelines are subject to change for new projects.

2.3 No Guarantees
While we use commercially reasonable efforts to deliver high-quality services, we do not guarantee:

• Specific business outcomes, revenue, or user adoption
• Compatibility with all third-party services, APIs, or platforms
• That your app will be approved by app stores (Apple App Store, Google Play Store)
• Uninterrupted or error-free operation of delivered applications

3.1 Discovery & Proposal
After you submit a project inquiry, we will conduct a discovery call to understand your requirements. We will then provide a written proposal outlining scope, pricing, and timeline. No work commences until you accept the proposal and make the required payment.

3.2 Client Responsibilities
You agree to:

• Provide accurate, complete, and timely information, requirements, and feedback
• Respond to our requests within 48 hours to avoid project delays
• Provide necessary access to accounts, APIs, databases, or third-party services
• Review deliverables within the agreed review period (typically 3-5 business days)

3.3 Delays Caused by Client
If project delays are caused by your failure to provide information, feedback, or access, we are not liable for missed deadlines. We reserve the right to charge additional fees for extended project timelines caused by client delays (minimum $150/hour).

4.1 Payment Structure

• POC/Demo: 100% payment upfront before work commences
• MVP: 50% upfront deposit, 50% upon completion (before final delivery)
• Full Product: Custom payment schedule agreed in writing

4.2 Payment Methods
We accept payment via bank transfer, credit card (Stripe), or other methods as agreed. All prices are in AUD (Australian Dollars) unless otherwise stated.

4.3 Late Payments
Invoices are due within 7 days of issuance. Late payments incur a fee of 2% per month (24% per annum) or the maximum rate permitted under Australian law, whichever is lower. We reserve the right to suspend services and withhold deliverables until all outstanding invoices are paid in full.

4.4 Additional Costs
Prices quoted cover the agreed scope only. Additional work, scope changes, or "out-of-scope" requests will be billed separately at our standard hourly rate ($150-$200/hour) or as agreed in writing.

4.5 Refunds
We offer a full refund if we fail to deliver the agreed-upon deliverables within the agreed timeline, or if the deliverables materially fail to meet the agreed specifications. Refund requests must be made within 14 days of delivery. Refunds are at our sole discretion and do not apply to:

• Changes in your business requirements or vision after project commencement
• Third-party service failures (hosting, APIs, app store rejections)
• Delays caused by client non-responsiveness or scope changes

5.1 Ownership of Deliverables
Upon receipt of full payment, you own all custom code, designs, and content created specifically for your project ("Deliverables"). Ownership transfers only after all invoices are paid in full.

5.2 Third-Party Components
Deliverables may include third-party libraries, frameworks, APIs, or open-source software (React, Next.js, Tailwind CSS, etc.). These components remain subject to their respective licenses (MIT, Apache 2.0, GPL, etc.). We do not claim ownership of third-party components, and you are responsible for complying with their license terms.

5.3 Our Pre-Existing IP
We retain ownership of all pre-existing intellectual property, including but not limited to:

• Development methodologies, processes, and workflows
• Code templates, boilerplates, and reusable components developed before or independently of your project
• Know-how, techniques, and expertise

5.4 Portfolio & Marketing Rights
We reserve the right to use your project as a case study, portfolio piece, or marketing material (including screenshots, descriptions, and testimonials) unless you explicitly request confidentiality in writing. We will not disclose confidential business information or proprietary data.

5.5 Client-Provided Materials
You grant us a non-exclusive, royalty-free license to use any materials you provide (logos, branding, content, data) solely for the purpose of delivering the agreed services.

6.1 Australian Consumer Law (ACL)
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract and obtain a refund, or to compensation for the drop in value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

6.2 Limited Warranty
We warrant that:

• Services will be performed with reasonable skill and care
• Deliverables will materially conform to the agreed specifications
• We have the right to provide the services and grant the licenses described herein

6.3 Disclaimer of Warranties
To the maximum extent permitted by law, we disclaim all other warranties, express or implied, including but not limited to:

• Merchantability, fitness for a particular purpose, and non-infringement
• That deliverables will be error-free, secure, or uninterrupted
• That defects will be corrected
• Any results, revenue, or outcomes from using the deliverables

6.4 Bug Fixes & Support
We provide 2 hours of bug fixes/revisions for POC projects and 3 iterations for MVP projects (within 30 days of delivery). After this period, support is available at our standard hourly rates or via a monthly retainer agreement.

7.1 Maximum Liability
To the maximum extent permitted by Australian law (excluding liabilities that cannot be excluded under the ACL), our total liability for any claim arising out of or related to these Terms or our services shall not exceed the total fees paid by you for the specific project giving rise to the claim.

7.2 Excluded Damages
We are not liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, business opportunities, data, or goodwill
• Costs of procurement of substitute services
• Third-party claims (e.g., copyright infringement by user-generated content)
• Failures caused by third-party services, hosting providers, APIs, or your own negligence

7.3 ACL Exclusions
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be lawfully excluded, restricted, or modified.

8.1 Mutual Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information disclosed during the project ("Confidential Information"). This includes business plans, financial data, source code, and technical specifications.

8.2 Exceptions
Confidential Information does not include information that:

• Is or becomes publicly available through no breach of this agreement
• Was already known to the receiving party without restriction
• Is independently developed without use of the other party's information
• Is required to be disclosed by law or court order

8.3 Data Privacy
Handling of personal information is governed by our Privacy Policy.

9.1 Termination by Client
You may terminate the project at any time by providing written notice. Upon termination:

• You remain liable for all fees for work completed up to the termination date
• We will invoice you for all work-in-progress (calculated at our standard hourly rate)
• We will deliver all completed work upon receipt of final payment
• Deposits and upfront payments are non-refundable

9.2 Termination by AppInWeek
We may terminate the agreement immediately if:

• You fail to make payment when due
• You breach these Terms and fail to remedy the breach within 7 days of written notice
• You engage in illegal activity or use our services for unlawful purposes
• The working relationship becomes untenable (e.g., abusive conduct, unreasonable demands)

Upon termination by us, you forfeit all deposits and must pay for completed work.

You agree to indemnify, defend, and hold harmless AppInWeek, its officers, employees, contractors, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your breach of these Terms
• Your use or misuse of the deliverables
• Your violation of any third-party rights (copyright, trademark, privacy)
• Content or data you provide that infringes third-party rights
• Your failure to comply with applicable laws and regulations

11.1 Good Faith Negotiation
Before initiating formal proceedings, both parties agree to attempt to resolve disputes through good faith negotiation for a period of 30 days.

11.2 Mediation
If negotiation fails, disputes will be referred to mediation administered by the Australian Disputes Centre (ADC) or a mutually agreed mediator. Each party bears its own mediation costs.

11.3 Jurisdiction
If mediation fails, disputes will be resolved exclusively in the courts of Tasmania, Australia. Both parties submit to the exclusive jurisdiction of Tasmanian courts and waive any objection to venue.

12.1 Governing Law
These Terms are governed by the laws of Tasmania and the Commonwealth of Australia.

12.2 Entire Agreement
These Terms, together with any written proposal or statement of work, constitute the entire agreement between you and AppInWeek and supersede all prior agreements, understandings, or representations.

12.3 Amendments
We may update these Terms at any time by posting revised Terms on our website. Continued use of our services after changes constitutes acceptance. For active projects, changes apply only to new projects commenced after the update.

12.4 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.

12.5 No Waiver
Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

12.6 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations to any third party without restriction.

12.7 Force Majeure
We are not liable for delays or failures caused by events beyond our reasonable control, including but not limited to natural disasters, pandemics, war, terrorism, strikes, internet outages, or government actions.

If you have questions about these Terms of Service, please contact us: