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Terms of Service

Effective date: 19 August 2026  ·  Last reviewed: 19 August 2026  ·  Version: 2.0

These terms cover how we work together: what is in scope, how quotes and invoices run, who owns what at the end, and where each side stands if something goes wrong.

1. About These Terms

Automatrix Digital Pty Ltd (trading as Automatrix) ABN 89 700 072 608 ("Automatrix", "we", "us", "our") is a technology and business automation services company registered and operating in New South Wales, Australia.

These Terms of Service ("Terms") govern your use of our website at www.automatrix.au (the "Site") and any services we provide to you. By using the Site, requesting a quote, or engaging us for work, you agree to these Terms.

Where we have signed a separate written agreement, proposal, or statement of work with you, that document takes precedence over these Terms to the extent of any inconsistency. These Terms cover everything that agreement does not.

Plain English: these Terms set out what you can expect from us, what we expect from you, and what happens if something goes wrong. If you have a signed proposal with us, that proposal wins wherever the two disagree.

2. Our Services

Automatrix provides the following services, either individually or in combination:

  • Website design and development
  • Custom software and application development
  • Search engine optimisation (SEO)
  • Generative engine optimisation and AI visibility work
  • Business process automation
  • Systems integration between third-party platforms
  • Ongoing hosting, maintenance, and support arrangements

The precise scope of any engagement is defined in the proposal or statement of work we issue to you. Anything not listed in that document is out of scope and will be quoted separately.

2.1  Results and Performance

Search rankings, AI assistant citations, traffic volumes, conversion rates, and revenue outcomes depend on factors outside our control, including search engine algorithms, competitor activity, market conditions, and your own commercial decisions. We apply recognised professional methods and report honestly on results. We do not guarantee any specific ranking, placement, traffic figure, or revenue outcome unless we have stated that guarantee in writing and signed it.

3. Quotes, Proposals and Acceptance

Quotes and proposals are valid for 30 days from the date of issue unless stated otherwise on the document itself. After that they lapse and pricing may change.

An engagement begins when any of the following happens:

  • You accept a proposal in writing, including by email or by using an electronic signature link we send you
  • You pay a deposit or an initial invoice
  • You instruct us to start work and we begin

Once work begins, these Terms apply to the engagement whether or not the proposal was formally countersigned.

3.1  Changes to Scope

Requests that fall outside the agreed scope are handled as a variation. We will tell you the cost and the effect on the timeline before doing the work. We are not obliged to start a variation until you approve it in writing.

4. Fees and Payment

All prices are quoted in Australian dollars. Unless stated otherwise, prices exclude GST, and GST is added at the prevailing rate on invoices issued to Australian clients.

4.1  Payment Terms

  • Project work generally requires a deposit before we start, with the balance invoiced at agreed milestones or on completion
  • Invoices are payable within 7 days of the invoice date unless the invoice states different terms
  • Recurring services are billed in advance for each period
  • We accept payment by card and by bank transfer. Card payments are processed by Stripe

4.2  Late Payment

If an invoice remains unpaid after its due date we may, after giving you notice and a reasonable opportunity to pay, do any of the following:

  • Pause work on your project until the account is brought up to date
  • Suspend access to hosted services, dashboards, or deliverables we control
  • Charge interest on the overdue amount at 2% above the Reserve Bank of Australia cash rate, calculated daily
  • Recover reasonable costs of collection, including debt recovery agency fees

We will always contact you before suspending anything. Suspension is a last resort, not a first response to a late invoice.

4.3  Refunds

Deposits cover work scheduled and resources committed, and are generally not refundable once work has started. Where we have not started, we will refund the deposit less any costs already incurred on your behalf. Nothing in this clause limits your rights under the Australian Consumer Law.

5. Your Responsibilities

Projects run to time when both sides hold up their end. You agree to:

  • Provide content, images, branding, credentials, and approvals within the timeframes we agree
  • Nominate one person with authority to approve work and make decisions
  • Give accurate and complete information about your business and requirements
  • Hold the necessary rights to any material you supply to us
  • Keep your own backups of any material you provide
  • Maintain and pay for accounts held in your name with third parties, such as domain registrars and hosting providers

Where a delay in receiving something from you pushes out the timeline, we will tell you and reset the schedule around our other commitments. Extended delays may require rescheduling the project, and where that causes us to incur additional cost we may charge for it.

5.1  Material You Supply

You warrant that any content, logos, images, text, or data you give us does not infringe anyone else's rights and is not unlawful. You indemnify us against claims arising from material you supplied.

6. Intellectual Property

6.1  What You Own

On full payment of all invoices for an engagement, ownership of the final deliverables created specifically for you passes to you. That includes the website design, page content we wrote for you, and custom code written for your project.

6.2  What We Keep

We retain ownership of our pre-existing materials, including frameworks, libraries, internal tooling, templates, methodologies, and any component we built before your project or use across multiple clients. Where those materials are embedded in your deliverables, we grant you a perpetual, non-exclusive, royalty-free licence to use them as part of those deliverables.

We do not licence you to extract our underlying tooling and resell it or use it to build competing services.

6.3  Before Payment

Until an engagement is paid in full, all deliverables remain our property and any licence to use them is conditional on payment.

6.4  Portfolio Rights

We may show completed work in our portfolio, case studies, and marketing material, including your business name and logo, unless you ask us in writing not to. We will never publish anything you have told us is confidential.

7. Artificial Intelligence in Our Work

We use AI to do our job, and we build AI into systems for clients. Both need saying plainly, because the industry is not consistent about either.

7.1  Where We Use AI

We use AI systems, mainly large language models, to help draft copy, proposals, reports and code, to summarise meetings and correspondence, to read receipts and documents, and to produce research and audits. A person reviews everything before it reaches you.

7.2  Your Data and Model Training

We do not allow your data, or your customers' data, to be used to train AI models. We use commercial API access under no-training terms for anything containing your information, and we do not paste client material into free or personal-tier AI tools. Section 6 of our Privacy Policy sets out the detail, including which providers we use and where they process data.

7.3  Ownership of AI-Assisted Deliverables

Deliverables we produce with AI assistance are treated the same as any other deliverable under Section 6. On full payment, ownership passes to you.

One limit is worth knowing: copyright law in Australia and elsewhere is still unsettled on material generated by a machine without meaningful human authorship. We apply substantial human direction, editing and judgement to everything we hand over, which is what supports a copyright claim. We cannot warrant that a court would find copyright subsists in any particular AI-assisted element, and no supplier honestly can.

7.4  Accuracy and Your Review

AI systems make mistakes, including confident ones. We verify facts, figures, calculations, legal references and code before delivery. You are responsible for reviewing deliverables before you publish them, send them to your customers, or rely on them for a decision. Nothing we deliver is legal, financial, tax, medical or other professional advice.

7.5  AI Systems We Build For You

Where an engagement includes an AI feature, such as a chatbot, an agent, a document reader, a voice assistant or an automated triage step, the following apply unless your proposal says otherwise:

  • We build it against the model and provider named in the proposal. Providers deprecate and change models, and where that materially affects the deliverable we will tell you and propose an alternative
  • Output quality depends on the model, on your data and on your prompts. We do not warrant that an AI feature will be accurate in every case, and we do not warrant specific accuracy percentages unless we have written one into the proposal and signed it
  • You are responsible for how the system is used once it is live, for the decisions taken on its output, and for disclosing its use to your own customers where the law or fairness requires it
  • We design for human review on anything consequential. If you ask us to remove that review step, we will do it on your written instruction and you accept the risk that follows
  • Usage-based provider costs are yours, as set out in Section 9

7.6  What You Must Not Use Our AI Work For

You must not use any AI system we build for you to make automated decisions about a person's credit, employment, housing, insurance, healthcare, education or legal rights without human review; to generate content that impersonates a real person or organisation; to produce deceptive reviews, endorsements or records; to make claims about a person's characteristics from biometric data; or for any purpose prohibited by our AI providers' acceptable use policies. If you do, we may suspend or terminate the engagement under Section 15.3.

8. Data Protection and Your Customers' Data

Most of our work means handling information about your customers, staff or suppliers. This section governs that, and applies alongside our Privacy Policy.

8.1  Who Is Responsible for What

You decide what personal information is collected in your systems, why, and how long it is kept. We handle it on your instructions and for the purposes of the engagement only. In the language of the Privacy Act, you are the entity accountable to your customers, and we are handling it for you.

8.2  What We Will Do

  • Use your data only to deliver the services, and on your instructions
  • Apply the security measures set out in our Privacy Policy, including encryption in transit and at rest, access control and multi-factor authentication
  • Limit access to personnel and providers who need it, each under confidentiality obligations
  • Tell you without undue delay if we become aware of a security incident affecting your data, with enough detail for you to meet your own obligations under the Notifiable Data Breaches scheme
  • Help you respond to access, correction and deletion requests from your customers. Where that work is substantial we will quote it first
  • Return or delete your data at the end of the engagement, subject to backup cycles and any legal hold

8.3  What You Must Do

  • Have a lawful basis to collect the data you ask us to handle, and your own privacy policy and collection notices in place
  • Give us accurate instructions, and tell us before the build if the data includes sensitive information, health records, children's information, or data about individuals in the EU or UK. That changes the architecture and the hosting location, and it is far cheaper to design for than to retrofit
  • Not send us data we do not need for the engagement

8.4  Where Data Is Processed

Some providers process data outside Australia. Where an Australian region is available we use it, and our primary database sits in Sydney. If your engagement requires Australian-only processing end to end, tell us before we scope it, because it constrains which tools we can use and may change the price.

9. Third-Party Services and Costs

Most projects rely on services we do not control, such as domain registration, hosting, email delivery, payment processing, mapping, analytics, and AI platforms. Where those carry a fee, we will identify it in the proposal.

  • Third-party costs are passed on to you and are separate from our fees
  • Those providers set their own terms, pricing, and availability, and can change them without notice to us
  • We are not responsible for outages, price rises, policy changes, or discontinuation of a third-party service
  • Where we hold an account on your behalf, we will transfer it to you on request at the end of an engagement

Note on AI services: some of our work uses third-party AI platforms. Those platforms change models, pricing, and capabilities frequently. Where a change materially affects an agreed deliverable, we will tell you and propose an alternative.

10. Subcontractors and Our People

We may engage subcontractors, contractors and specialist suppliers to help deliver an engagement. Where we do:

  • We remain responsible to you for the work, as though we had done it ourselves
  • They are bound by confidentiality and data handling obligations at least as strict as ours
  • You do not need to approve each one, but we will tell you if a subcontractor will have direct access to your systems or your customers' data

Our people: during an engagement and for six months after it ends, neither party will solicit or hire the other's staff or contractors who worked on the engagement, without written consent. A general advertisement that is not targeted at those individuals does not breach this.

11. Confidentiality

Each of us may learn confidential information about the other during an engagement. Both of us agree to keep that information confidential, use it only for the purposes of the engagement, and protect it with reasonable care.

This obligation does not apply to information that:

  • Is already public, or becomes public without a breach of these Terms
  • Was already known before it was disclosed
  • Is independently developed without reference to the confidential information
  • Must be disclosed by law, in which case we will tell you first where we are legally able to

Credentials you give us are stored in an encrypted vault and are used only for the work you have engaged us to do. How we handle personal information is set out in our Privacy Policy.

12. Warranties and Australian Consumer Law

We warrant that we will perform our services with due care and skill, and that deliverables will substantially match the agreed scope.

We provide a 30 day defect period from delivery. If something we built does not work as specified, tell us within that period and we will fix it at no charge. This covers defects in our work. It does not cover new features, changes of mind, or problems caused by third-party services, by changes you or someone else made, or by content you supplied.

Your consumer guarantees: nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, where those rights cannot lawfully be excluded. Where we are permitted to limit our liability for a breach of a consumer guarantee, our liability is limited to resupplying the services or paying the cost of having them resupplied.

13. Limitation of Liability

Subject to Section 12 and to the extent permitted by law:

  • Our total liability arising out of or in connection with an engagement is limited to the total fees you paid us for that engagement in the 12 months before the claim arose
  • Neither party is liable for indirect or consequential loss, including loss of profit, loss of revenue, loss of anticipated savings, loss of data, or business interruption
  • We are not liable for loss arising from third-party services, from material you supplied, from changes made by you or anyone else to our deliverables, or from your failure to maintain backups

Each party is responsible for its own negligence. Nothing in this section limits liability for fraud, wilful misconduct, or death or personal injury caused by negligence.

14. Indemnities

You indemnify us against claims, losses and reasonable costs arising from material you supplied to us, from your use of a deliverable in a way we did not agree to, from your breach of Section 7.6, and from your failure to hold the rights or consents you warranted you held.

We indemnify you against claims that a deliverable we created for you infringes a third party's Australian intellectual property rights, provided you tell us promptly, let us control the defence, and do not settle without our agreement. This does not cover material you supplied, changes made by you or anyone else after delivery, or use of a deliverable in combination with something we did not provide.

Both indemnities are subject to the caps in Section 13.

15. Cancellation and Termination

15.1  Recurring Services

Either party may cancel a recurring service by giving 30 days written notice before the next billing date. Fees already paid for the current period are not refunded, and the service runs to the end of that period.

15.2  Project Work

If you cancel a project after work has started, you remain liable for work completed and for costs we have committed on your behalf up to the cancellation date. We will invoice that amount and hand over the work in progress once it is paid.

15.3  Termination for Cause

Either party may terminate immediately by written notice if the other commits a material breach and does not remedy it within 14 days of being asked to, or becomes insolvent.

15.4  On Termination

We will invoice for all work performed to that date, hand over deliverables you have paid for, transfer accounts held in your name on request, and return or destroy your confidential information. Sections covering intellectual property, confidentiality, liability, and governing law survive termination.

16. Support and Maintenance

Support is included only where a proposal or a current maintenance plan says so. Where included, the response times and inclusions are those set out in that document.

Outside a maintenance plan, support and changes are charged at our current hourly rate, quoted before we start. We aim to respond to all enquiries within one business day. Business hours are Monday to Friday, 9am to 5pm AEST/AEDT, excluding NSW public holidays.

17. Events Outside Our Control

Neither party is liable for failing to perform an obligation, other than an obligation to pay money already owed, where the failure is caused by something genuinely outside its reasonable control. That includes natural disaster, fire, flood, pandemic, war, civil unrest, industrial action, failure of a major internet backbone or cloud provider, government action, and cyber attack on infrastructure we do not control.

The affected party must tell the other as soon as practicable, do what it reasonably can to work around the problem, and resume as soon as it is able. If the disruption runs beyond 30 days, either party may terminate the affected part of the engagement by written notice, and you pay for work performed to that date.

18. Use of This Website

You agree not to use the Site to:

  • Break any law or infringe anyone's rights
  • Attempt to gain unauthorised access to any system, account, or data
  • Introduce malware or interfere with the operation of the Site
  • Scrape, harvest, or systematically extract content without our written permission
  • Send unsolicited commercial messages to addresses obtained from the Site

Content on the Site is provided for general information. It is not professional advice for your specific situation. We keep the Site accurate and available but do not warrant that it will be uninterrupted or error free.

19. Changes to These Terms

We may update these Terms from time to time. The current version is always published on this page with its effective date. Changes apply to engagements entered into after the effective date.

For an engagement already under way, we will not apply a change that materially reduces your rights without telling you first and giving you a reasonable opportunity to raise it with us.

20. Governing Law and Disputes

These Terms are governed by the laws of New South Wales, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts able to hear appeals from them.

If a dispute arises, both parties agree to try to resolve it by discussing it in good faith before starting proceedings. This does not prevent either party from seeking urgent interlocutory relief.

21. General

21.1  Entire Agreement

These Terms, together with any proposal or statement of work we have signed with you and our Privacy Policy, are the entire agreement between us. They replace any earlier discussion, quote or representation on the same subject.

21.2  Assignment

You may not assign or transfer your rights under an engagement without our written consent, which we will not withhold unreasonably. We may assign our rights to a successor entity on a sale or restructure of our business, and we will tell you if we do.

21.3  Notices

Notices under these Terms must be in writing and sent by email to the address each party last used for the engagement, or to info@automatrix.au for us. A notice sent by email is taken to be received on the business day it is sent, unless the sender receives a delivery failure. Notices of termination or dispute must be sent by email and confirmed by post if requested.

21.4  No Waiver

If either party does not enforce a right straight away, that does not waive the right. A waiver only counts if it is in writing.

21.5  Relationship

We are an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between us. Neither party can bind the other.

21.6  Survival

Sections covering intellectual property, AI use restrictions, data protection, confidentiality, indemnities, limitation of liability and governing law survive the end of an engagement.

21.7  Severability

If any part of these Terms is found unenforceable, that part is severed and the rest continues to apply.

21.8  Counterparts and Electronic Signature

Proposals and agreements may be accepted electronically, and an electronic signature or an email confirming acceptance is as binding as a wet signature under the Electronic Transactions Act 1999 (Cth).

22. Contact Us

Questions about these Terms, or about an engagement, can go to:

Automatrix Digital Pty Ltd, trading as Automatrix
ABN 89 700 072 608
Albury, New South Wales, Australia
Email: info@automatrix.au
Phone: 0490 760 526
Web: automatrix.au

We aim to respond to all enquiries within one business day. Privacy questions go to our Privacy Officer at privacy@automatrix.au.

Related reading: our Privacy Policy explains what we do with personal information, and our guide to AI and the Privacy Act covers what these obligations mean for your own business.