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TechDefined – Terms & Conditions

Effective Date: 30 October 2025
Entity: TechDefined (ABN 63147915126)
Jurisdiction: Victoria, Australia

1. Acceptance of Terms

1.1 These Terms and Conditions (“Terms”) form a legally binding agreement between TechDefined (“TechDefined”, “we”, “us”, “our”) and any individual, business, or organisation (“Client”, “you”, “your”) that engages our services.
1.2 By visiting our website, accepting a quotation, paying an invoice, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
1.3 These Terms supersede all prior agreements, proposals, or discussions unless expressly stated in writing and signed by TechDefined.
1.4 TechDefined reserves the right to amend these Terms at any time by publishing an updated version on our website. Changes take effect immediately upon publication.

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2. Scope of Services

2.1 TechDefined provides accessibility audits, digital accessibility consulting, web performance and compliance assessments, and related digital services (“Services”).
2.2 The Services are advisory in nature unless otherwise agreed in writing.
2.3 We do not provide legal advice, nor do we guarantee compliance with any law or regulation.

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3. Fees, Payment & GST

3.1 All fees are in Australian Dollars (AUD) and include GST unless otherwise stated.
3.2 Payment is due within 7 days of the invoice date unless otherwise agreed in writing.
3.3 Late payments may incur interest at 2% per month, calculated daily until paid in full.
3.4 TechDefined reserves the right to suspend, delay, or withhold delivery of any Service, report, or deliverable until payment is received.
3.5 Quotes and proposals are valid for 30 days from the date of issue.

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4. Client Responsibilities

4.1 You agree to provide complete, accurate, and timely access to all materials, websites, systems, and data required for TechDefined to perform the Services.
4.2 You are solely responsible for ensuring that you hold all necessary licences, permissions, and authorisations to grant TechDefined access.
4.3 TechDefined is not liable for any delay, cost, or issue resulting from your failure to provide required information or access.

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5. Intellectual Property

5.1 All intellectual property, including but not limited to reports, code, frameworks, documentation, and recommendations produced by TechDefined, remains the property of TechDefined until full payment is received.
5.2 Upon payment in full, TechDefined grants the Client a non-exclusive, non-transferable licence to use deliverables for internal business purposes only.
5.3 The Client must not copy, reproduce, distribute, resell, or disclose any TechDefined materials without written consent.
5.4 TechDefined retains the right to reuse generic components, methodologies, and templates for other projects.

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6. Limitation of Liability

6.1 To the fullest extent permitted by Australian law, all implied conditions, warranties, and representations are excluded.
6.2 TechDefined’s liability for any claim, whether in contract, tort (including negligence), or otherwise, is limited to:
 (a) the re-supply of the Services; or
 (b) the cost of re-supplying the Services.
6.3 TechDefined is not liable for any indirect, consequential, or special loss, including loss of profits, data, reputation, or opportunity.
6.4 TechDefined accepts no responsibility for third-party actions, software, or systems integrated during the course of the Services.
6.5 The Client acknowledges that audit findings are a snapshot in time and that future changes to platforms or code may affect results.

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7. Indemnity

7.1 You agree to indemnify, defend, and hold harmless TechDefined, its owner, contractors, and affiliates against any and all claims, losses, damages, liabilities, or expenses (including reasonable legal costs) arising from:
 (a) your use or misuse of the Services or deliverables;
 (b) your breach of these Terms; or
 (c) any negligence, misconduct, or misrepresentation on your part.
7.2 This indemnity continues after termination or completion of the Services.

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8. No Legal or Compliance Guarantee

8.1 TechDefined provides professional digital and accessibility services but does not provide legal advice.
8.2 We do not warrant that any service or deliverable ensures compliance with the Disability Discrimination Act 1992 (Cth), Australian Consumer Law, or any other regulation.
8.3 Clients are responsible for obtaining independent legal advice regarding compliance and risk.

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9. Confidentiality

9.1 Each party agrees to maintain the confidentiality of all proprietary, technical, and business information disclosed during the engagement.
9.2 Confidentiality obligations do not apply where information:
 (a) is public or becomes public other than by breach;
 (b) was known prior to disclosure; or
 (c) must be disclosed by law or regulatory authority.

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10. Privacy

10.1 TechDefined complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).
10.2 Personal information is collected, stored, and used only for the purpose of providing Services and communicating with clients.
10.3 Personal data will not be disclosed or sold to third parties, except where required by law or with explicit consent.
10.4 For more information, see our Privacy Policy at https://www.techdefined.com.au/terms-and-conditions 

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11. Cancellations & Refunds

11.1 Cancellations must be made in writing prior to the commencement of Services.
11.2 Once work has commenced, no refunds will be issued.
11.3 If TechDefined cancels Services due to unforeseen circumstances, a pro-rata refund will be issued for incomplete work.

11.4 Either party may terminate services with 14 days’ written notice. Clients must pay for all work completed up to termination.

12. Third-Party Tools & Services

12.1 TechDefined may recommend or integrate third-party software or tools.
12.2 We make no warranties regarding their reliability, availability, or security.
12.3 Clients are responsible for third-party subscriptions, fees, and ongoing management.

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13. Force Majeure

TechDefined will not be liable for any failure or delay in performance caused by circumstances beyond reasonable control, including but not limited to natural disasters, cyber incidents, strikes, or governmental actions.

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14. Australian Consumer Law Compliance

14.1 Nothing in these Terms excludes, restricts, or modifies any right or remedy you may have under the Competition and Consumer Act 2010 (Cth).
14.2 Where the Australian Consumer Law applies, TechDefined’s liability is limited as stated in clause 6.2.

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15. Governing Law & Jurisdiction

15.1 These Terms are governed by the laws of Victoria, Australia.
15.2 Both parties submit to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.

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16. Severability

16.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

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17. Entire Agreement

17.1 These Terms constitute the entire understanding between TechDefined and the Client and supersede all previous agreements, understandings, or representations.

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18. Contact Information

18.1 TechDefined (ABN 63147915126)
Website: www.techdefined.com.au
Location: Victoria, Australia