Terms and Conditions

Last updated: 15 January 2025

Technology Development Pty Ltd

ABN 97 653 292 374

Address: 2002/101 Grafton Street, Bondi Junction 2022, Australia

The following are the Terms and Conditions for the use of Products and/or Services ("Products and/or Services" or "the Products" or "the Services") by the User ("User" or "Users"). Any User accessing and using the Products or availing the Services and/or any part thereof shall invariably be bound by these Terms and Conditions. These Terms and Conditions are valid, binding and enforceable for all persons that access the website, the web pages or any part thereof. Hence, if you do not agree to be bound over by these Terms and Conditions, then you may not use the website. The reasonable use of the website shall automatically bind the Users to this agreement.

Terms of Service

By engaging Technology Development Pty Ltd ("Tech Dev" or "we" or "us") for services, you agree to the following terms:

Service Agreement: All services are provided according to the scope of work, proposal, or statement of work agreed upon between Tech Dev and the client. Services include but are not limited to website development, web application development, software development, mobile application development, digital design, consulting services, and related IT services.

Payment Terms: Payment terms are as specified in your agreement. Invoices are due according to the payment schedule outlined in your proposal. All transactions are processed in Australian dollars (AUD). Payment is required as per the agreed schedule, and services may be suspended for overdue accounts.

Intellectual Property: Upon full payment, you receive ownership of the deliverables as specified in your agreement. Tech Dev retains the right to use the work in our portfolio unless otherwise agreed. Any third-party components, libraries, or frameworks used remain subject to their respective licenses.

Client Responsibilities: Clients are responsible for providing accurate information, timely feedback, and necessary materials required for project completion. Delays in client response may affect project timelines.

Limitation of Liability: Tech Dev's liability is limited to the value of services provided. We are not liable for indirect or consequential damages, loss of data, loss of profits, or business interruption, except as required by Australian Consumer Law.

Warranties: We warrant that services will be performed with due care and skill. We do not warrant that the services will be uninterrupted or error-free, but we will use reasonable efforts to correct any defects.

Termination: Either party may terminate services with written notice as specified in the service agreement. Upon termination, payment is due for all work completed to date.

Governing Law: These terms are governed by the laws of New South Wales, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of New South Wales.

Services Description

Technology Development Pty Ltd provides a range of IT and digital services including:

  • Website development and design
  • Web application development
  • Software development and programming
  • Mobile application development (iOS and Android)
  • E-commerce solutions
  • Content Management Systems (CMS) development
  • Digital design and user interface (UI/UX) design
  • IT consulting and technical advisory services
  • Website maintenance and support services
  • Hosting and cloud services
  • API development and integration
  • Database design and development

Specific services, deliverables, timelines, and pricing are detailed in individual service agreements, proposals, or statements of work provided to clients.

Security Policy

When purchasing from Technology Development Pty Ltd ("Tech Dev"), card details are transmitted through a secure server using a PCI-DSS compliant payment gateway. We use TLS/SSL encryption, and card data is not stored on Tech Dev servers after processing.

When purchasing from Tech Dev, card details are transmitted via an application programming interface. Card details are hosted and tokenised by our payment gateway provider after processing.

We implement industry-standard security measures to protect client data and project information. This includes secure data transmission, encrypted storage, regular security updates, and access controls.

For security questions, contact [email protected].

Privacy & Consumer Data Policy

We collect only the personal information necessary to provide our services—such as your name, company, contact details, billing details, and project information. We use this data to:

  • deliver and support our services
  • process payments and issue invoices/receipts
  • communicate about projects, updates, and support
  • meet legal, tax, and compliance obligations

Payments: Tech Dev does not store full credit card numbers. Card data is handled by our payment gateway provider, which is PCI-DSS compliant.

Cookies & analytics: We use cookies and similar technologies to operate our site, remember preferences, and understand usage. You can control cookies in your browser settings. Analytics data may be processed by trusted third parties (e.g., Google Analytics).

Data sharing: We may share necessary data with service providers (payment processors, hosting, email) under agreements that require confidentiality and security. We don't sell personal data.

Data location & retention: Data may be stored in Australia or overseas with reputable providers. We retain records only as long as necessary for service delivery and legal obligations.

Your rights: To access, correct, or delete your data (subject to legal exceptions), contact [email protected].

Contact:

Technology Development Pty Ltd (Tech Dev)

2002/101 Grafton Street, Bondi Junction 2022, Australia

Email: [email protected]

Refunds & Returns Policy

We follow the Australian Consumer Law (ACL). You are entitled to a remedy if our services fail to meet consumer guarantees (e.g., due care and skill, fitness for agreed purpose).

Change of mind: Because work is custom, refunds aren't available once work has commenced.

Deposits & milestones: Deposits become non-refundable once resourcing begins. Completed milestone invoices remain payable for work delivered to date.

Defects: We will promptly address defects within the agreed scope.

Subscriptions (hosting/maintenance): You may cancel with 30 days' notice; fees beyond notice are not refundable.

For refund or remedy requests, contact [email protected].

Delivery Policy (Digital Services)

Tech Dev delivers digital services only. No physical goods are shipped. Deliverables (e.g., websites, source code, designs) are provided digitally via secure repositories, file transfer, or your hosting environment.

Dispatch/timeframes: Timeframes are detailed in your proposal/SOW.

Access & handover: We provide credentials or access instructions upon completion.

Support/maintenance: Service levels are defined in your support agreement.

Consumer Rights (NSW Law)

These Terms and Conditions are subject to the Australian Consumer Law (ACL) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 1987 (NSW). Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the ACL or any other applicable law that cannot be excluded, restricted or modified by agreement.

Consumer Guarantees: Under the Australian Consumer Law, consumers have certain guarantees when acquiring goods or services, including:

  • Services will be provided with due care and skill
  • Services will be fit for the purpose for which they are supplied
  • Services will be supplied within a reasonable time (when no time is specified)
  • Any materials supplied in connection with services will be reasonably fit for the purpose for which they are supplied

Remedies for Failure to Comply with Consumer Guarantees: If we fail to comply with a consumer guarantee, you may be entitled to various remedies under the ACL, including:

  • Repair or replacement of the service
  • Refund or cancellation of the service
  • Compensation for damages or loss

Non-Consumer Transactions: If you are acquiring our services for business purposes (not as a consumer), the consumer guarantees under the ACL may not apply, and the limitations of liability set out in these Terms and Conditions will apply to the fullest extent permitted by law.

Complaints: If you have a complaint about our services, please contact us at [email protected]. We will respond to your complaint within a reasonable time. If you are not satisfied with our response, you may contact the NSW Fair Trading or the Australian Competition and Consumer Commission (ACCC).

Jurisdiction: These Terms and Conditions are governed by the laws of New South Wales, Australia. Any disputes arising from these Terms and Conditions or our services will be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.