Terms of Service

These terms apply to services provided by Schmitt Analytics (ABN 23 581 877 576) (“we”, “us”) to you (“the client”). By accepting a quote or asking us to begin work, you agree to these terms. Where a signed agreement or written scope conflicts with these terms, that document prevails.

1. Services

We provide business analysis and reporting services: examining how work flows through a business, defining and reconciling measures, building reporting from existing systems, and training staff to maintain it. The specific work is set out in the quote or scope we agree in writing. Anything outside that scope is treated as a new request and quoted separately.

2. Quotes, fees and payment

• Quotes are valid for 30 days unless stated otherwise and are in AUD.
• Hardware, licences and third-party subscriptions are charged at cost plus any stated handling.
• Invoices are payable within 14 days of issue unless agreed otherwise.
• Work outside agreed hours, urgent call-outs and travel beyond the Mackay region may attract additional charges, disclosed before the work starts.
• We may suspend services on accounts more than 30 days overdue after written notice.

3. Your responsibilities

• Provide safe and timely access to premises, systems and accounts needed for the work;
• Ensure you are authorised to grant us access to the systems and data involved;
• Hold valid licences for the software we are asked to install, configure or support;
• Maintain your own independent copy of critical data where practicable;
• Respond to reasonable requests for information or decisions so work can proceed.

4. Confidentiality

Each party will keep the other’s confidential information confidential, use it only for the purpose of the engagement, and disclose it only to those who need it for that purpose or where required by law. We will sign a separate non-disclosure agreement on request. Our handling of personal information is described in our Privacy Policy.

5. Security services — what they can and cannot do

Security work reduces risk; it cannot eliminate it. No assessment, configuration or monitoring can guarantee that a system will not be compromised. We will tell you plainly what a piece of work does and does not cover, and we do not represent our services as a guarantee against attack, data loss or downtime.

6. Data and backups

Where work involves a risk to data, we will discuss backups with you beforehand. Unless we are expressly engaged to manage your backups, responsibility for maintaining usable backups remains with you. We are not liable for loss of data that could have been avoided by a backup you were advised to have.

7. Third-party products and services

Hardware, software and cloud services supplied or recommended by us are covered by their manufacturer’s or provider’s own warranties and terms. We will assist you in making a claim, but we are not the warrantor of those products.

8. Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service, you are entitled to cancel your service contract and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have the problem rectified in a reasonable time and, if this is not done, to cancel the contract and obtain a refund for the unused portion.

9. Limitation of liability

Nothing in these terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law. Subject to that, and to the extent permitted by law: our total liability arising out of an engagement is limited to the fees paid by you for that engagement in the 12 months before the claim; and we are not liable for indirect or consequential loss, loss of profits, loss of revenue, or loss of data beyond the cost of restoring it from your backups.

10. Cancellation

Either party may end an ongoing engagement with 30 days’ written notice. You remain liable for work performed and non-cancellable commitments made up to that date. Appointments cancelled with less than 24 hours’ notice may be charged.

11. Intellectual property

Documentation, configurations and reports we produce specifically for you become yours on full payment. Our own tools, templates, scripts and general know-how remain ours, and we grant you a non-exclusive licence to use them as part of the delivered work.

12. Governing law

These terms are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of that State.

13. Contact

Schmitt Analytics · ABN 23 581 877 576 · Regional Queensland · hello@schmitt.au · TODO_PHONE