1. About these terms
These Terms of Service (Terms) apply to all services supplied by EZY Ai Solutions Pty Ltd (ABN 99 701 271 016) (we, us, our or EZY Ai Solutions) and to your use of the website located at https://ezyaisolutions.site (the Website).
Where we accept an engagement from you, these Terms apply together with any quote, proposal, statement of work or written agreement that we both sign or confirm (the Engagement Documents). If there is any inconsistency between these Terms and the Engagement Documents, the Engagement Documents prevail to the extent of the inconsistency.
In these Terms, “you” and “your” means the individual, business or entity that engages our services or uses the Website.
2. Who we are
EZY Ai Solutions Pty Ltd is an Australian proprietary company operating from Perth, Western Australia, with Australian Business Number (ABN) 99 701 271 016. You can reach us at ceo@ezyaisolutions.site or by phone on [FILL: phone number].
Our services include AI chatbot design and deployment, business process automation, website design and development, AI integrations, consulting, training and ongoing support, as described on our Services page and in your quote or proposal.
3. Using this website
We grant you a non-exclusive, non-transferable, revocable licence to access and view the Website and its content for personal or internal business purposes. You must not:
- use the Website for any unlawful, fraudulent or misleading purpose;
- copy, reproduce, resell or commercially exploit Website content without our prior written permission;
- scrape, harvest or systematically extract data from the Website;
- attempt to gain unauthorised access to any systems, accounts or networks connected to the Website, or probe, scan or test their vulnerability;
- introduce malware, viruses or any code designed to disrupt, damage or limit the functionality of the Website or its hosting environment;
- misrepresent your identity or your affiliation with any person or organisation; or
- use the Website in a way that infringes the rights (including intellectual property and privacy rights) of any person.
Content on the Website is general information only and does not constitute legal, financial, technical or other professional advice. We may modify, suspend or discontinue any part of the Website at any time without notice.
4. Quotes, proposals and scope of work
Quotes and proposals we provide are valid for 30 days from the date of issue unless otherwise stated. They are prepared on the basis of the information you provide to us and the requirements you describe. If that information is incomplete, inaccurate or changes, we may need to revise the quote.
An engagement is formed when you accept our quote or proposal in writing (including by email) or pay any required deposit. The scope of work is limited to what is expressly described in the Engagement Documents. Anything outside that scope will be treated as a variation under clause 8.
5. Fees, GST and payment
- Fees are as set out in your quote, proposal or current pricing schedule. All fees are expressed in Australian dollars and are exclusive of GST unless stated otherwise. Where GST applies, it will be added in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Any deposit stated in your quote is payable on acceptance and covers reserved capacity and preliminary work. Deposits are generally non-refundable once work has commenced, except where required by law.
- Larger projects may be invoiced in milestones. Monthly support plans and retainers are billed in advance.
- Invoices are payable within 14 days of the date of invoice, or as otherwise stated in the Engagement Documents.
- If an invoice is overdue, we may suspend work, pause deliverables or restrict access to services until the outstanding amount is paid, and we may recover reasonable costs of doing so.
- Third-party costs (such as subscriptions, licences, hosting, API usage and messaging platform fees) are your responsibility unless expressly included in the quoted fees. Where we pay these on your behalf, they will be passed on as quoted.
6. Your responsibilities
To enable us to deliver the services, you agree to:
- provide accurate, complete and timely information, content, brand assets and approvals;
- provide access to any accounts, hosting, domains or systems we reasonably require;
- nominate an authorised decision-maker who can provide feedback and approvals without unreasonable delay;
- ensure you own, or hold a valid licence to use, all materials, data and content you supply, and that our use of them will not infringe the rights of any third party; and
- comply with all applicable laws in your use of the deliverables, including the Spam Act 2003 (Cth), the Privacy Act 1988 (Cth) and the Australian Consumer Law.
Delays caused by you (including delayed feedback, approvals or access) may affect agreed timeframes and, where additional work results, costs.
7. Timelines and delays
Any dates or timeframes we provide are good-faith estimates only and are not binding commitments, unless we expressly agree in writing that a date is a binding milestone. Timeframes may be adjusted for client delays, change requests, third-party outages, dependency on external providers and events beyond our reasonable control.
8. Revisions and variations
Quotes include the number of revision rounds stated in the Engagement Documents. Additional revision rounds, or any change to the agreed scope (a variation), will be quoted separately and will only proceed once you approve the variation in writing. Variations may affect both fees and timeframes.
9. Intellectual property
- We retain all intellectual property rights in our pre-existing materials, frameworks, prompt libraries, code components, methodologies, templates and know-how used to deliver the services.
- On receipt of full payment, we assign to you (or license to you, as specified in the Engagement Documents) the intellectual property in the final deliverables created specifically for your engagement.
- Third-party components, plugins, themes, APIs and AI models incorporated into deliverables remain subject to their own licences and terms, and ongoing subscriptions or licences for those items are your responsibility.
- You retain ownership of materials you supply. You grant us a licence to use those materials for the purpose of delivering the services.
- Unless you ask us in writing not to, we may reference our work for you in our portfolio and marketing materials.
10. Third-party platforms, APIs and AI models
Our services often integrate with third-party platforms such as AI model providers, website hosts, CRM systems and messaging platforms. Those platforms are governed by their own terms, pricing and availability. We are not responsible for their actions, outages, pricing changes or changes to functionality, although we will always work with you in good faith to minimise disruption.
11. AI-generated content
Where deliverables include AI-generated content or AI-assisted outputs, you acknowledge that such outputs may contain errors, inaccuracies or bias. You are responsible for reviewing all outputs before they are published, sent or relied upon, and for the final content published or communicated under your brand. AI outputs do not constitute legal, financial, medical or other professional advice, and compliance with platform policies (including messaging and advertising rules) remains your responsibility.
12. Confidentiality
Each party must keep confidential all non-public information received from the other party in connection with an engagement, and use it only for the purpose of the engagement. This obligation does not apply to information that is publicly available, independently developed, already lawfully known, or required to be disclosed by law. This clause survives termination of an engagement.
13. Privacy
We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy, which forms part of these Terms.
14. Consumer guarantees under Australian law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law, being Schedule 2 of the Competition and Consumer Act 2010 (Cth). 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.
For services not of a kind ordinarily acquired for personal, domestic or household use or consumption, and to the extent the law permits, our liability for a failure to comply with a consumer guarantee is limited, at our option, to the supplying of the services again, or the payment of the cost of having the services supplied again.
15. Warranties and disclaimers
We warrant that the services will be performed with due care and skill by personnel with appropriate knowledge and experience. To the fullest extent permitted by law, and subject to clauses 14 and 16, all other conditions, warranties and representations, whether express or implied, are excluded from these Terms.
16. Limitation of liability
To the maximum extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss, including loss of profits, revenue, goodwill, opportunity or data, however caused, arising out of or in connection with the services or the Website.
Our total aggregate liability arising out of or in connection with an engagement is limited to the total fees you actually paid to us for the relevant services in the 12 months preceding the claim (or, if the relevant services were supplied over a shorter period, the total fees paid for those services).
Nothing in this clause limits liability that cannot lawfully be limited, including liability under the consumer guarantees described in clause 14, liability for death or personal injury caused by our negligence, or liability for our fraud.
17. Indemnity
You indemnify us, and keep us indemnified, against all claims, losses, damages, liabilities and reasonable costs arising from: (a) materials, data or content you supply infringing the rights of any third party; (b) your use or misuse of the deliverables or any AI outputs; (c) your breach of these Terms or any applicable law; or (d) the unauthorised use of your accounts or credentials by any person who obtained them from or through you.
18. Suspension and termination
- Either party may terminate an engagement in accordance with the Engagement Documents, or by giving 14 days’ written notice where no notice period is specified.
- Either party may terminate an engagement immediately by written notice if the other party commits a material breach and fails to remedy it within 7 days of written notice, or becomes insolvent, enters administration or liquidation, or ceases to carry on business.
- On termination, you must pay for all services performed and costs reasonably incurred up to the date of termination, and we will, where practicable, hand over deliverables for which you have paid.
- Clauses relating to intellectual property, confidentiality, liability, indemnity and governing law survive termination.
19. Force majeure
Neither party is liable for a failure or delay in performing its obligations to the extent caused by an event beyond its reasonable control, including natural disasters, pandemics, war, industrial action, cyberattacks, government action or outages of third-party infrastructure or providers. The affected party must notify the other promptly and take reasonable steps to mitigate. If the event continues for more than 30 days, either party may terminate the affected engagement without penalty, other than payment for work already performed.
20. Dispute resolution and governing law
If a dispute arises, the parties must first attempt to resolve it in good faith by direct negotiation within 30 days of written notice of the dispute. If the dispute is not resolved, the parties may agree to mediation before commencing proceedings, except where urgent injunctive relief or recovery of unpaid invoices is sought.
These Terms are governed by the laws of Western Australia and the Commonwealth of Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Western Australia.
21. General provisions
- If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force.
- A failure or delay in exercising a right does not operate as a waiver of that right.
- You must not assign these Terms without our prior written consent. We may assign our rights and obligations with reasonable written notice to you.
- These Terms, together with the Engagement Documents, constitute the entire agreement between the parties regarding their subject matter.
- Notices sent by email are deemed received on the next business day after sending, unless a delivery failure is notified.
22. Changes to these terms
We may update these Terms from time to time by publishing the updated version on this page and changing the “last updated” date at the top. Updated Terms apply to engagements accepted after the update is published; ongoing engagements remain governed by the version accepted at commencement, except where a change is required by law. Your continued use of the Website after an update constitutes acceptance of the updated Terms in respect of Website use.
23. Contact us
For questions, notices or requests regarding these Terms, please contact:
EZY Ai Solutions Pty Ltd
ABN 99 701 271 016
Perth, Western Australia
Email: ceo@ezyaisolutions.site
Phone: [FILL: phone number]
Website: https://ezyaisolutions.site/terms.html
