1. About these Terms
These Terms of Service (“Terms”) govern the supply of services by Ch Square Pty Ltd (ABN 96 702 135 653) (“we”, “us”, “our”) to you (“you”, “your”). By engaging us, accepting a quote, or using our services, you agree to be bound by these Terms. If you do not agree, please contact us before proceeding.
2. Our Services
We provide modern retail and business services to small and medium enterprises, retailers and organisations across Perth and wider Western Australia. The specific scope, deliverables and timeframes for any engagement will be set out in your quote or written engagement summary. A description of our current service categories is available on our Services page.
3. Quotes and Orders
Quotes are provided free of charge via our Quote page or by email. Unless otherwise stated in writing, a quote is valid for 14 days from the date of issue and is based on the information you provide to us. If your requirements change, we may need to revise the quote. An order is accepted only when we confirm it in writing or commence work, whichever occurs first.
4. Payment Terms
Invoices are payable within 14 days of issue unless alternative arrangements are agreed in writing. We may require a deposit or progress payments for larger engagements. Overdue amounts may, where lawful, attract interest and recovery costs. Goods and services tax (GST) is payable in addition to quoted amounts where applicable and will be shown separately on invoices.
5. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, implied by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law which cannot lawfully be excluded. Where we supply services to you as a consumer, our services come with guarantees that cannot be excluded under the Australian Consumer Law, including that services will be provided with due care and skill and will be reasonably fit for purpose.
If any term of this document is unenforceable under the Australian Consumer Law, that term will be read down to the extent necessary, and the remaining terms will continue to apply.
6. Your Responsibilities
You agree to provide accurate, complete and timely information and access reasonably required for us to perform the services. Delays caused by incomplete information, late approvals or third-party dependencies may affect agreed timeframes. You confirm that any materials you supply to us do not infringe the rights of any third party.
7. Intellectual Property
Unless otherwise agreed in writing, upon full payment you own the final deliverables created specifically for you under the engagement. We retain ownership of our pre-existing tools, methods, templates and know-how, and you are granted a non-exclusive licence to use any such materials embedded in your deliverables for your ordinary business purposes. You must not resell or redistribute our deliverables as templates or competing products.
8. Limitation of Liability
To the maximum extent permitted by law, and subject to the guarantees described in clause 5, we are not liable for indirect, incidental or consequential loss, loss of profit, or loss of data arising from the services. Where liability cannot be excluded, our total liability is limited, at our option, to the resupply of the services or the cost of having the services supplied again.
9. Third-Party Products and Services
Where an engagement involves third-party platforms, software or suppliers, those items are provided subject to the third party’s own terms. We are not responsible for the availability, pricing or performance of third-party products, although we will always give reasonable assistance in resolving issues that arise.
10. Privacy
We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. By engaging our services, you consent to the collection, use and disclosure of information as described there.
11. Suspension and Termination
Either party may terminate an engagement with 14 days’ written notice, or immediately where the other party commits a material breach that is not remedied within 7 days of notice. You remain liable for work performed and costs incurred up to the date of termination. We may suspend work where invoices remain overdue beyond the terms in clause 4.
12. Force Majeure
We are not liable for delays or failures in performance caused by events beyond our reasonable control, including natural disasters, power or internet outages, industrial action, or changes in law.
13. Amendments
We may update these Terms from time to time. The current version published on this page applies to new engagements from the date of publication. Continued use of our services after an update constitutes acceptance of the revised Terms.
14. Governing Law
These Terms are governed by the laws of Western Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia.
15. Contact Us
Questions about these Terms, or a copy of any document referenced here, can be sent to ceo@chsquare.site. You can also reach us through our Contact page. Ch Square Pty Ltd, Perth, Western Australia.