Terms and Conditions
These terms are between you and Samuel James trading as Delta AI Consulting (ABN 11 619 910 803) ("Delta AI", "we", "us"). Part A applies to anyone using this website. Part B applies to businesses that engage us. If you sign a Service Agreement with us, that agreement takes priority over Part B where they differ.
Part A. Using this website
A1. Information only
Content on this site is general information about our services. Examples, figures and screens shown are illustrations with example details, not promises of a particular result for your business. Nothing on this site is legal, financial or tax advice.
A2. Intellectual property
The site, its design, text, logos and code belong to us or our licensors. You may view and share pages for your own reference, but not copy or reuse them commercially without our written permission.
A3. Other websites
Links to other websites are for convenience. We are not responsible for their content or practices.
A4. Availability
We try to keep the site available and accurate, but we do not guarantee it will be uninterrupted, error free or free of harmful code.
Part B. Our services
B1. What we provide
We set up a private dashboard and automations for your business on a server held in your name, connected to the business software you nominate. The specific scope, fees and timing are set out in your quote or Order Form.
B2. Ongoing maintenance and support is optional
After setup you may choose a month to month maintenance and support plan (security checks, updates, backups, fixes and small changes). It is optional. You can start or stop it at any time with 30 days' notice. Without a plan, your system keeps running as it is, and further work is quoted when you ask for it.
B3. You own your accounts, data and system
Your server, software subscriptions, AI account and business data stay in your name and under your control, and you pay those providers directly. You can remove our access at any time.
B4. Approvals and checking the work
Each automation runs in a test mode first and goes live only when you approve it. Unless you tell us otherwise in writing, nothing is sent to your customers or suppliers, and no payment is made, without a person in your business approving it. AI and automation can make mistakes. You are responsible for checking work prepared by the system (including jobs, quotes, invoices, bills and messages) before you rely on it or send it.
B5. Your responsibilities
- Keep your subscriptions active and paid, and give us accurate information.
- Tell us promptly about changes that affect your system, such as new staff, mailboxes, suppliers or accounting files.
- Keep logins private, and tell us straight away if you suspect misuse.
- Make sure you are entitled to give us access to the systems and mailboxes you connect, and that your staff and customers are told how their information is handled.
- Use the services lawfully, including privacy, spam and consumer laws.
B6. Fees and payment
Setup fees and any support plan fee are as quoted. Invoices are due within 14 days by bank transfer. Fees exclude GST, which is added if we are registered for GST. If an invoice is more than 30 days overdue we may pause support after 7 days' written notice. Pausing support never switches off your server or your data. Third party costs (hosting, AI accounts and software subscriptions) are yours.
B7. Third party services
Our services depend on providers you choose, such as your hosting, AI, job management, accounting and email providers. We are not responsible for their outages, errors, price changes or changes to how their systems work. If a provider's change affects an automation, we will tell you and quote any work needed, unless it is covered by your support plan.
B8. Intellectual property and your licence
Your data and content belong to you. The software, templates and know-how we use to build dashboards and automations ("Our Platform") belong to us. We grant you a non-exclusive, non-transferable licence to use the copy installed on your server for your own business, which continues after any support plan ends (other than for unpaid fees or a serious breach). You may build on it, or have others build on it, for your own business, but you may not resell or license it to anyone else.
B9. Confidentiality and security
Each party keeps the other's confidential information private and uses it only for the engagement. We handle personal information as described in our Privacy Policy and maintain reasonable security measures, which we keep under review.
Part C. Liability
C1. Australian Consumer Law
Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded. Where our liability for failing to meet a consumer guarantee can be limited, it is limited, at our option, to supplying the services again or paying the cost of having them supplied again.
C2. Indirect loss
To the extent the law allows, neither party is liable to the other for any indirect or consequential loss, or for loss of profit, revenue, data, business or opportunity, however caused.
C3. Cap on our liability
To the extent the law allows, our total liability arising out of or in connection with our services, whether in contract, negligence or otherwise, is limited to the fees you paid us in the 12 months before the event giving rise to the claim.
C4. What we are not liable for
To the extent the law allows, we are not liable for loss resulting from: work prepared by the system that you relied on or sent without checking it; an automation you approved acting as it was configured; information you or your staff provided being wrong or incomplete; your own or a third party's systems, outages or changes; or your failure to follow our reasonable security advice.
C5. Your indemnity
You indemnify us against claims by third parties arising from your unlawful use of the services, from content or data you supply that you were not entitled to supply, or from your breach of section B5.
C6. Events outside our control
Neither party is liable for delay or failure caused by events beyond its reasonable control, such as outages of internet or cloud providers, natural disasters or government action, except for obligations to pay money.
Part D. General
These terms are governed by the laws of Queensland, and both parties submit to the courts of Queensland. Before starting court action (other than for urgent relief), the parties will try in good faith to resolve a dispute by talking for at least 14 days. If any part of these terms is unenforceable, the rest continues to apply. We may update these terms; the version on this page at the time you engage us applies to that engagement unless you agree otherwise in writing. Questions: [email protected].