Terms & Conditions

These Terms & Conditions ("Terms") govern your access to and use of the 9Byte website at 9byte.com.au(the "Website") and any information, content or services made available through it. Please read them carefully. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree, please do not use the Website.

1. About us

The Website is operated by 9Byte (ABN 63 152 363 025), a software engineering company based at Level 9/10 Queen St, Melbourne VIC 3000, Australia ("9Byte", "we", "us" or "our"). You can contact us at hello@9byte.com.au or on +61 3 9656 9730.

2. Definitions

In these Terms: "Content" means all text, graphics, logos, images, software and other material on the Website; "Services" means the software development, consulting, modernisation, support and related services we provide; and "you" means the person or entity accessing the Website.

3. Use of our website

We grant you a limited, non-exclusive, non-transferable and revocable licence to access and use the Website for your own lawful, personal or internal business purposes, in accordance with these Terms. You must not:

• use the Website in any way that breaches any applicable law or regulation;
• attempt to gain unauthorised access to the Website, its servers or any connected systems;
• introduce any virus, malware or other harmful code, or interfere with the Website's operation or security;
• copy, reproduce, scrape, republish or commercially exploit any Content without our prior written consent; or
• use any automated system to access the Website in a manner that sends more requests than a human could reasonably produce.

4. Intellectual property

All Content and the intellectual property rights in it are owned by or licensed to 9Byte and are protected by Australian and international laws. Except as expressly permitted in these Terms, nothing gives you any right, title or interest in the Website or its Content. The 9Byte name, logo and branding are our trade marks and may not be used without our prior written permission.

5. Services and engagements

Information on the Website about our Services is general in nature and does not constitute an offer, quote or professional advice. Any engagement for paid Services is governed by a separate written agreement, proposal or statement of work agreed between you and 9Byte. Where that agreement conflicts with these Terms in relation to the Services, that agreement prevails.

6. Quotes, fees and GST

Any estimates or indicative pricing we provide are not binding until set out in a signed agreement or accepted proposal. Unless stated otherwise, fees are quoted in Australian dollars and are exclusive of GST, which will be added where applicable. Payment terms are as specified in the relevant agreement.

7. Your responsibilities

You are responsible for ensuring that any information you provide to us (including through our contact form) is accurate, current and not misleading, and that you have the right to provide it. You must not submit content that is unlawful, infringing, defamatory or confidential to a third party without authorisation.

8. Third-party links and materials

The Website may contain links to third-party websites or resources. We provide these for convenience only and do not endorse, and are not responsible for, the content, products or practices of any third party. Your use of third-party sites is at your own risk and subject to their terms.

9. Confidentiality

Where you share confidential information with us in the course of an enquiry or engagement, we will treat it as confidential and use it only for the purpose for which it was provided, subject to any separate non-disclosure or engagement agreement between us.

10. Privacy

We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Please see our Privacy Policy for details on how we collect, use and protect your personal information.

11. Disclaimers

The Website and its Content are provided "as is" and "as available". To the maximum extent permitted by law, we do not warrant that the Website will be uninterrupted, error-free, secure or free from viruses, or that the Content is complete, accurate or current. You rely on the Content at your own risk.

12. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you may have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded. Where our goods or services come with guarantees that cannot be excluded, and where we are permitted to limit our liability, our liability is limited (at our option) to re-supplying the goods or services or paying the cost of having them re-supplied.

13. Limitation of liability

Subject to clause 12, to the maximum extent permitted by law, 9Byte is not liable for any indirect, incidental, special or consequential loss, or any loss of profits, revenue, data, goodwill or business opportunity, arising out of or in connection with your use of the Website. Subject to clause 12, our total aggregate liability arising from or in connection with the Website is limited to AUD $100.

14. Indemnity

You agree to indemnify us against any loss, liability, cost or expense we reasonably incur arising from your breach of these Terms or your unlawful or negligent use of the Website, except to the extent caused by our own negligence or breach.

15. Suspension and termination

We may suspend, restrict or terminate your access to the Website at any time without notice if we reasonably believe you have breached these Terms or to protect the Website, our users or our systems. Clauses which by their nature should survive termination will continue to apply.

16. Events beyond our control

We are not liable for any failure or delay in providing the Website or Services caused by events beyond our reasonable control, including acts of God, network or hosting outages, power failures, industrial action or changes in law.

17. Changes to these Terms

We may update these Terms from time to time. The current version will always be available on this page, and the "Last updated" date will reflect the most recent changes. Your continued use of the Website after changes are posted constitutes acceptance of the updated Terms.

18. Governing law

These Terms are governed by the laws of the State of Victoria, Australia. You and 9Byte submit to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from them.

19. General

If any provision of these Terms is found to be invalid or unenforceable, it will be severed to the extent necessary and the remaining provisions will continue in full force. These Terms, together with any separate written agreement for Services and our Privacy Policy, constitute the entire agreement between you and 9Byte in relation to the Website.

20. Contact us

If you have any questions about these Terms, please contact us at hello@9byte.com.au, call +61 3 9656 9730, or write to us at Level 9/10 Queen St, Melbourne VIC 3000, Australia.