Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the services provided by Sigmoid Services ("we", "us", "our"), an Australian-based ICT and software services company. By engaging our services or accessing our website at www.sigmoidservices.com.au, you agree to be bound by these Terms.

2. Services

Sigmoid Services provides specialised ICT services to clients across Australia, including:

• Web Design and Development
• Data Analytics and Engineering
• Business Intelligence Solutions (Tableau, Power BI)
• Machine Learning and Artificial Intelligence
• Telecommunications Network Automation
• Robotic Process Automation (RPA) Development

The specific scope, deliverables, timeline, and pricing for each engagement will be detailed in a separate Statement of Work (SOW) or proposal, which forms part of these Terms.

3. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law ("ACL"). For major failures with the service, you are entitled to cancel your service contract with us and obtain a refund for any unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time.

4. Payment Terms

Unless otherwise specified in your Statement of Work:

• A deposit of 50% is required before project commencement
• The remaining balance is due upon project completion or as per agreed milestones
• All prices are quoted in Australian Dollars (AUD) and are exclusive of GST unless stated otherwise
• Invoices are payable within 14 days of issue
• Late payments may incur interest at the rate of 2% per month on the outstanding amount

5. Intellectual Property Rights

Upon receipt of full payment:

• You will own all intellectual property rights in the final deliverables as specified in your SOW
• We retain ownership of any pre-existing materials, tools, frameworks, or methodologies used in creating your deliverables
• We reserve the right to showcase completed work in our portfolio and marketing materials unless you request otherwise in writing
• Any third-party components (e.g., stock images, fonts, libraries) remain subject to their respective licence terms

6. Confidentiality

We acknowledge that during the course of providing services, we may have access to confidential information. We agree to keep all such information confidential and not to disclose it to any third party without your prior written consent, except as required by Australian law or regulatory authorities.

7. Limitation of Liability

To the maximum extent permitted by law, and subject to your rights under the ACL:

• Our total liability for any claim arising from or related to our services is limited to the total fees paid by you for the specific service giving rise to the claim
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or goodwill
• We are not responsible for delays or failures caused by factors outside our reasonable control, including third-party service providers, internet connectivity issues, or force majeure events

8. Indemnification

You agree to indemnify and hold harmless Sigmoid Services, its directors, employees, and contractors from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your breach of these Terms or your misuse of our services.

9. Termination

Either party may terminate an engagement:

• By providing 14 days written notice to the other party
• Immediately if the other party materially breaches these Terms and fails to remedy the breach within 7 days of written notice
• Upon termination, you are liable for payment for all work completed up to the termination date

10. Dispute Resolution

In the event of a dispute, both parties agree to first attempt resolution through good faith negotiation. If the dispute cannot be resolved within 30 days, either party may refer the matter to mediation administered by the Australian Disputes Centre (ADC) in accordance with its mediation rules. If mediation is unsuccessful, the dispute may be referred to the courts of New South Wales, Australia.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Both parties submit to the exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.

12. Amendments

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to www.sigmoidservices.com.au. Your continued use of our services after any changes constitutes acceptance of the revised Terms.

13. Severability

If any provision of these Terms is found to be invalid or unenforceable under Australian law, the remaining provisions will continue in full force and effect.

14. Contact Us

For any questions regarding these Terms of Service, please contact us:

• Email: info@sigmoidservices.com.au
• Website: www.sigmoidservices.com.au
• Address: Sydney, New South Wales, Australia