TERMS AND CONDITIONS

Welcome to Towering Hive ("we," "our," or "us"). These Terms and Conditions govern your use of our website located at https://toweringhive.com.au (the "Site") and the app development, web development, and digital services we provide (the "Services").

By accessing our Site or engaging us for Services, you agree to be bound by these Terms and Conditions. If you do not agree, please do not use our Site or Services.

Towering Hive provides custom software development, mobile application development, web development, and related digital consulting services. The specific scope, deliverables, timelines, and fees for any project will be outlined in a separate Statement of Work (SOW), Proposal, or Service Agreement signed by both parties. In the event of a conflict between these Terms and a specific SOW, the SOW shall prevail.

To ensure successful delivery of our Services, you agree to:

Provide timely access to necessary information, materials, and approvals.

Ensure that any assets, text, images, or data you provide do not infringe on the intellectual property rights of any third party.

Designate a primary point of contact with the authority to make project decisions.

Delays in client feedback or provision of materials may result in project timeline extensions and potential additional fees.

Estimates and Invoicing: All fees will be outlined in your SOW. Unless otherwise stated, all prices are in Australian Dollars (AUD) and are exclusive of Goods and Services Tax (GST), which will be applied where applicable.

Payment Terms: Invoices are payable within 14 days of the invoice date. We reserve the right to halt work or withhold deliverables if payments are not made on time.

Non-Refundable Deposits: Any upfront deposits paid to secure our Services are non-refundable to cover initial project allocation and setup costs.

Pre-existing Material: We retain all intellectual property rights in our pre-existing software, frameworks, tools, and methodologies (Background IP). We grant you a non-exclusive, worldwide, royalty-free license to use the Background IP solely to the extent necessary to use the final deliverable.

Final Deliverables: Upon receipt of full and final payment, the intellectual property rights to the custom-developed applications and deliverables (excluding our Background IP and any third-party open-source code) will be transferred to you.

Our Services may incorporate third-party software, APIs, or open-source libraries. Your use of the final product is subject to the licensing terms of those third-party providers. We are not liable for any issues, downtime, or damages arising from third-party services.

We warrant that our Services will be performed with reasonable care and skill, in accordance with industry standards.

Australian Consumer Law (ACL): Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value.

Outside of the ACL, we do not warrant that software will be entirely completely bug-free or uninterrupted. We typically provide a 30-day warranty period post-launch to address any critical bugs directly related to our code.

To the maximum extent permitted by law, Towering Hive shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising out of or related to your use of our Site or Services. Our total liability for any claim arising out of these Terms shall not exceed the total amount paid by you to us for the specific Services giving rise to the claim.

Both parties agree to keep confidential any proprietary information, trade secrets, business plans, and sensitive data disclosed during the course of the relationship. This obligation survives the termination of these Terms.

Either party may terminate a Service Agreement with 30 days written notice. Upon termination, you will be invoiced for all work completed and expenses incurred up to the date of termination. Clauses regarding Intellectual Property, Confidentiality, and Limitation of Liability shall survive termination.

These Terms and Conditions are governed by and construed in accordance with the laws of Western Australia, Australia. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Western Australia.

If you have any questions about these Terms, please contact us using the contact form: Let's Connect