These Terms of Service govern the provision of professional business and consulting services by Maintex Pty Ltd (ABN 70 703 572 187). By engaging our services, you agree to be bound by these terms.
Maintex Pty Ltd, trading from Melbourne VIC, Australia, provides professional business and consulting services. These terms apply to all engagements unless otherwise agreed in writing. Nothing in these terms excludes, restricts or modifies any rights you may have under the Australian Consumer Law or any other applicable legislation that cannot lawfully be excluded.
The scope of services to be provided will be set out in a written proposal, statement of work or engagement letter agreed between you and Maintex Pty Ltd. We will perform our services with reasonable care, skill and diligence, in a professional manner consistent with industry standards. Any timelines provided are estimates only and do not constitute binding commitments, although we will always work to deliver in a timely manner.
To enable us to perform our services effectively, you agree to:
Fees will be set out in the applicable proposal or engagement letter and are quoted in Australian dollars, exclusive of GST unless stated otherwise. Invoices are payable within the period stated on the invoice. We may suspend services or charge interest on overdue amounts where invoices remain unpaid beyond the agreed terms. Where work is performed on a time-and-materials basis, we will keep reasonable records of time spent and expenses incurred.
Both parties agree to keep confidential all non-public information disclosed by the other party in connection with an engagement, and to use such information only for the purpose of performing the services. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.
Upon full payment of applicable fees, you are granted a licence to use the deliverables prepared for you for your internal business purposes. Maintex Pty Ltd retains ownership of its pre-existing methodologies, tools, templates and know-how. You retain ownership of materials you provide to us.
To the extent permitted by law, Maintex Pty Ltd is not liable for indirect, consequential or special loss, including loss of profits or business opportunity. Our total liability arising out of or in connection with an engagement is limited to the fees paid by you for the services giving rise to the claim. Where the Australian Consumer Law applies and guarantees cannot be excluded, our liability for breach of those guarantees is limited, where permitted, to resupply of the services or payment of the cost of resupply.
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 with us and have a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. You are also entitled to be refunded for the goods or to have the goods replaced and for compensation for any other reasonably foreseeable loss or damage.
Either party may terminate an engagement in accordance with the notice period stated in the applicable engagement documents, or immediately where the other party commits a material breach that remains unremedied. Upon termination, you agree to pay for all services performed and expenses incurred up to the date of termination.
We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).
These terms are governed by the laws of Victoria, Australia, and the parties submit to the jurisdiction of the courts of Victoria.
For any questions regarding these Terms of Service, please contact Maintex Pty Ltd by email at ceo@maintex.online. Further details about our business are available on our About page, and details of the regions we serve can be found on our Areas page.