These terms apply to the use of this website and to services provided by Flowody Software. Where a signed proposal or written agreement exists between us, that document takes precedence over anything inconsistent here.
1. These terms
By using this website or engaging us you accept these terms. We may update them from time to time; the version in force is the one published at the date of your engagement. Material changes are noted with a revised “last updated” date.
2. Proposals and scope
Proposals are based on the scope described in writing and remain valid for [30] days. Work commences once you accept the proposal in writing. Anything outside the agreed scope is quoted separately before it is started — no additional charge is applied without your approval. Timelines are estimates and assume your feedback and materials are provided as agreed.
3. Payment
- A deposit of 50% is payable before work commences; the balance is invoiced on completion, or at agreed milestones for longer projects.
- Invoices are payable within 7 days of issue.
- Support plans are billed monthly in advance and may be cancelled with 14 days' written notice.
- Overdue accounts may incur interest at 1.5% per month, and work may be paused until the account is settled.
- Prices are stated in [AUD] and [are not subject to GST / include GST], as set out in your proposal.
4. Your responsibilities
You agree to provide the content, access and decisions we require within a reasonable time, and to confirm that any text, images or data supplied to us may lawfully be used. If a project is paused on your side for more than [60] days we may invoice the work completed to that date and re-quote the remainder.
5. Ownership and intellectual property
On full payment, ownership of the custom work produced for you — source code, designs and content we created — transfers to you. We retain ownership of our pre-existing tools, libraries and general know-how, and grant you a perpetual licence to use them as part of your project. Third-party components remain subject to their own licences.
Unless you ask us not to, we may describe the work and display screenshots in our portfolio.
6. Third-party services
Projects commonly depend on third-party services such as hosting, payment gateways, email providers and application stores. Their fees, terms and availability are outside our control and we are not responsible for their outages, pricing changes or policy decisions. Accounts are established in your name wherever possible.
7. Warranties and liability
We will perform our services with due care and skill. Defects in our work reported within [30] days of delivery are corrected at no charge. Beyond that, and to the extent permitted by law, our total liability for any claim is limited to the fees paid for the work giving rise to it, and we are not liable for indirect or consequential loss including lost profits or data.
Nothing in these terms excludes rights you hold under the Australian Consumer Law that cannot lawfully be excluded.
8. Cancellation
Either party may end an engagement with [14] days' written notice. You pay for work completed to that point; we hand over the current code, files and account access. Deposits are non-refundable once work has commenced.
9. Governing law
These terms are governed by the laws of Victoria, Australia, and both parties submit to the courts of that state. For international clients we will seek to resolve any dispute through good-faith discussion before either party takes formal steps.