Terms of Service
These Terms of Service (“Terms”) govern the supply of digital and business services by Westloop Pty Ltd (ABN 85 702 128 381) (“we”, “us”, “our”) to you (“Client”, “you”). By engaging our services, requesting a quote, or accepting a proposal from us, you agree to be bound by these Terms.
1. Our Services
We provide modern digital and business services, including web and digital solutions, online presence support, business administration assistance, and related advisory work. The specific scope, deliverables, timelines, and fees for any engagement will be set out in a written quote, proposal, or statement of work agreed between you and us. Where there is any inconsistency between these Terms and an agreed proposal, the agreed proposal will prevail to the extent of the inconsistency.
2. Quotes and Engagements
- All quotes are valid for 30 days from the date of issue unless otherwise stated in writing.
- Quotes are based on the information you provide at the time. If the scope of work changes, we may issue a revised quote or variation for your written approval before proceeding.
- An engagement begins when you accept a quote or proposal in writing (including by email) and, where applicable, pay any deposit or upfront fee we have specified.
3. Fees and Payment
- Fees are payable in Australian dollars (AUD) and are quoted inclusive of GST where applicable.
- Unless otherwise agreed in writing, invoices are payable within 14 days of the invoice date.
- Where a deposit is required, work will not commence until the deposit has been received.
- Overdue amounts may attract interest at a rate of 2% per month on the outstanding balance, and we may suspend work on unpaid engagements after giving you written notice.
- You are responsible for any third-party costs (such as software licences, hosting, domain registrations, or advertising spend) unless those costs are expressly included in your quote.
4. Client Responsibilities
To enable us to deliver our services, you agree to:
- Provide accurate, complete, and timely information, materials, and access (including to accounts, systems, and platforms) reasonably required for the work;
- Ensure you hold all necessary rights, licences, and permissions for any content, data, or materials you supply to us;
- Respond to reasonable requests for feedback and approval within a reasonable timeframe, noting that delays may affect agreed timelines; and
- Comply with all applicable laws in connection with your use of our services and any deliverables.
5. Timelines and Delays
Any timelines or delivery dates we provide are estimates made in good faith. We will not be liable for delays caused by events beyond our reasonable control, or by delays in you providing information, materials, feedback, or approvals. Where a delay arises, we will work with you in good faith to agree a revised timeline.
6. Intellectual Property
- Upon full payment of all fees due for an engagement, you own the final deliverables created specifically for you under that engagement.
- We retain ownership of our pre-existing tools, templates, frameworks, processes, and know-how, and you receive a non-exclusive, non-transferable licence to use any such materials incorporated into your deliverables for your ordinary business purposes.
- We may reference non-confidential work we have produced for you in our portfolio and marketing materials unless you ask us in writing not to do so.
7. Confidentiality
Each party will keep confidential the other party's non-public business information and will not disclose it to third parties except as required to perform the services, with the other party's consent, or as required by law. This obligation survives the end of an engagement.
8. Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified. Our services come with guarantees under the Australian Consumer Law that cannot be excluded, including that services will be supplied with due care and skill and will be reasonably fit for purpose.
To the extent permitted by law, and except for those non-excludable guarantees, all other conditions, warranties, and representations in relation to our services are excluded.
9. Limitation of Liability
- To the fullest extent permitted by law, our total aggregate liability arising out of or in connection with an engagement is limited, at our option, to the resupply of the relevant services or the payment of the cost of having the services resupplied.
- We are not liable for indirect, incidental, special, or consequential loss, or for loss of profits, revenue, data, or business opportunity, however arising.
- Nothing in this clause limits liability that cannot be limited by law, including liability under the Australian Consumer Law for failure to comply with a consumer guarantee.
10. Privacy
We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). By engaging us, you consent to us collecting, using, and disclosing personal information as described in that policy.
11. Termination and Suspension
- Either party may terminate an engagement by giving the other party 14 days' written notice, or immediately if the other party commits a material breach that is not remedied within 14 days of written notice.
- If an engagement is terminated, you remain liable for all work performed and costs incurred up to the termination date, and any deposit paid is non-refundable to the extent work has been performed.
- On termination, we will deliver to you any completed or substantially completed deliverables for which you have paid.
12. General
- These Terms are governed by the laws of Western Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Western Australia.
- If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force.
- Our failure to enforce a right under these Terms is not a waiver of that right.
- We may update these Terms from time to time. The current version will be published on this website, and the version in force at the time you accept a quote or proposal applies to that engagement.
13. Contact
Questions about these Terms, or notices required under them, can be sent to:
Westloop Pty Ltd
ABN 85 702 128 381
Perth, WA, Australia
Email: ceo@westlooppty.site