Terms of Service

Last Updated: November 2024

1. Agreement to Terms

By accessing or using TechFlock Consulting's services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our services.

2. Services Description

TechFlock Consulting provides cloud computing, data engineering, software development, and related technology consulting services. The specific scope, deliverables, timeline, and pricing for each engagement will be defined in a separate Statement of Work (SOW) or service agreement.

3. Use of Services

3.1 Permitted Use

You may use our services only for lawful purposes and in accordance with these Terms. You agree not to use our services:

• In any way that violates any applicable national or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
• To impersonate or attempt to impersonate TechFlock, a TechFlock employee, another user, or any other person or entity

3.2 Account Security

If we provide you with access credentials for any systems or platforms, you are responsible for maintaining the confidentiality of your account and password. You agree to notify us immediately of any unauthorized use of your account.

4. Intellectual Property Rights

4.1 Our Intellectual Property

Unless otherwise specified in a service agreement, TechFlock Consulting retains all rights, title, and interest in and to our proprietary methodologies, frameworks, tools, and pre-existing intellectual property.

4.2 Client Intellectual Property

You retain all rights to your data, content, and pre-existing intellectual property. Custom deliverables created specifically for you under a service agreement will be owned by you upon full payment, unless otherwise specified in the agreement.

5. Payment Terms

Payment terms will be specified in individual service agreements. Generally:

• Invoices are due within 30 days of the invoice date unless otherwise specified
• Late payments may incur interest charges as permitted by law
• We reserve the right to suspend services for overdue accounts
• All fees are quoted in Australian Dollars (AUD) unless otherwise specified

6. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our engagement. This obligation survives the termination of our services.

7. Warranties and Disclaimers

7.1 Service Warranty

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards.

7.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN A SERVICE AGREEMENT, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TECHFLOCK CONSULTING BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability to you for any claims arising out of or related to our services shall not exceed the amount paid by you to TechFlock for the specific services giving rise to the claim in the 12 months preceding the claim.

9. Term and Termination

9.1 Term

These Terms remain in effect while you use our services or until terminated by either party.

9.2 Termination

Either party may terminate a service engagement as specified in the applicable service agreement. Termination does not relieve you of the obligation to pay for services already rendered.

10. Indemnification

You agree to indemnify and hold harmless TechFlock Consulting and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of your use of our services or breach of these Terms.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law provisions. Any disputes shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on our website. Your continued use of our services after such modifications constitutes your acceptance of the updated Terms.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

14. Entire Agreement

These Terms, together with any applicable service agreements, constitute the entire agreement between you and TechFlock Consulting regarding our services and supersede all prior agreements and understandings.

15. Contact Information

If you have any questions about these Terms of Service, please contact us: