Terms and Conditions

    Effective Date: 03/03/2026

    1. Introduction

    These Terms and Conditions ("Terms") govern:

    • your access to and use of the My Bizz Solutions website;
    • enquiries submitted through the website; and
    • the provision of services by MYBIZZ HOLDINGS PTY LTD (ACN 696 078 387) trading as My Bizz Solutions ("we", "us", "our") to the client entity engaging our services ("Client", "you", "your").

    "Services" include AI advisory, automation design, AI tool integration, workflow development, model implementation, system configuration, training, optimisation and related consulting services.

    You agree to be bound by these Terms, together with the Client Engagement Agreement, Privacy Policy and Cookie Policy (collectively the 'Governing Documents'), when you:

    • sign a Proposal, Statement of Work (SOW), Letter of Engagement or Order Confirmation;
    • provide written or electronic instruction requesting us to commence work;
    • approve the commencement of services via email, digital confirmation or other electronic communication;
    • pay any invoice issued in connection with the Services;
    • allow us to begin performing work on your behalf following a Proposal, SOW or engagement confirmation; or
    • continue to use the website or Services after valid notice of updates, where applicable.

    By requesting, approving or permitting the commencement of Services, you acknowledge that you have read and agree to be bound by the Governing Documents, which together form part of the contractual framework governing the engagement.

    2. Contract Structure and Order of Precedence

    The contractual relationship between the parties is formed by the following documents, listed in order of precedence (highest first):

    1. Accepted Proposal, Statement of Work, Order Confirmation or Engagement Letter
    2. Client Engagement Agreement
    3. These Terms and Conditions
    4. Privacy Policy
    5. Cookie Policy

    If there is any inconsistency between the documents, the document with higher precedence prevails to the extent permitted by law.

    3. Nature of Services

    Our Services are advisory, technical, integration, automation and implementation services. We design and implement AI-enabled systems that may integrate with:

    • Third-party AI platforms
    • APIs and cloud infrastructure
    • Internal business systems
    • Enterprise and SaaS software
    • Database and automation platforms

    You acknowledge that outcomes depend on client data quality, third-party platform behaviour, regulatory environment, organisational adoption, ongoing governance and human review.

    We do not control external platforms, model updates, or API availability.

    4. No Guarantee of Performance or Results

    AI systems are probabilistic technologies. We do not guarantee:

    • accuracy of AI outputs;
    • legal or regulatory compliance of AI-generated content;
    • specific commercial outcomes or business performance improvements;
    • ROI, cost savings or uptime;
    • uninterrupted third-party platform availability.

    AI outputs require human review before operational use. You remain responsible for verifying, approving and validating all outputs prior to deployment or reliance.

    5. Website Use, No Reliance and Acceptable Use

    Content published on this website is provided for general information purposes only. It does not constitute legal, tax, financial, accounting or professional advice.

    You must not:

    • misuse the website or interfere with its functionality;
    • scrape, crawl or systematically extract website content without our prior written permission;
    • upload or transmit malicious code, viruses or harmful material;
    • submit unlawful, infringing or misleading materials;
    • attempt to gain unauthorised access to any part of the website or connected systems.

    Third-party links and integrations accessible through the website are outside our control. We are not responsible for the content or practices of third-party websites.

    We may modify website features, content or functionality at any time. Where practicable, we will provide reasonable notice of material changes.

    6. Scope of Work and Change Management

    Deliverables, milestones, technical architecture and fees are defined in the applicable Proposal, SOW or Engagement Letter.

    Scope changes require written agreement and may affect fees, delivery timelines and technical architecture. Work outside the agreed scope may be billed separately.

    7. Client Responsibilities

    You are responsible for:

    • providing timely access to systems, documentation, personnel and credentials;
    • ensuring lawful collection and use of all data supplied to us;
    • reviewing and approving AI outputs prior to operational use;
    • maintaining compliance with applicable industry, privacy and data protection laws;
    • managing internal governance, change management and training;
    • being responsible for instructions given by your personnel and representatives.

    If you provide personal information or confidential data relating to third parties, you warrant that you have authority to provide that information for the purposes of the engagement.

    Delays caused by the Client may extend timelines and incur additional fees.

    8. Third-Party Platforms, APIs and AI Providers

    We may integrate with or recommend third-party services including cloud providers, AI model providers, SaaS platforms, automation tools, APIs, hosting services, database providers, email services and payment processors.

    We are not responsible for:

    • third-party outages or service disruptions;
    • pricing changes or service discontinuation;
    • model behaviour changes or updates;
    • data loss caused by third-party providers;
    • policy changes by third-party providers.

    Your use of third-party tools is subject to their own terms and privacy policies.

    9. Fees, Invoices and Suspension

    Fees are specified in the relevant Proposal or Engagement Letter. Unless otherwise agreed:

    • 50% payable upfront;
    • 50% payable upon milestone completion or final delivery.

    Invoices are payable within 14 days. Late payments may accrue interest at 2% per month.

    All prices are in AUD and exclusive of GST unless stated otherwise.

    Late payment may entitle us to suspend Services, withhold deliverables, or delay go-live until payment is received. We have no obligation to continue work while invoices remain overdue.

    Third-party subscription costs, SaaS fees, usage charges, API costs, cloud costs and licensing fees are separate unless expressly included in the Proposal.

    10. Intellectual Property

    We retain ownership of all pre-existing intellectual property, including methodologies, frameworks, templates, reusable automation structures, proprietary systems and know-how.

    Upon full payment:

    • the Client receives a perpetual licence to use engagement-specific Deliverables created for them;
    • bespoke materials created exclusively for the Client transfer or are licensed as specified in the Proposal.

    We retain the right to reuse non-confidential knowledge, general techniques and methodologies.

    11. AI-Specific Acknowledgements

    You acknowledge that:

    • AI systems may generate incorrect, biased or incomplete outputs;
    • model behaviour may evolve without notice due to third-party updates;
    • AI outputs should not be treated as legal, tax, accounting or professional advice;
    • human oversight is required at all times.

    We are not responsible for decisions made based on AI outputs.

    12. Data Protection and Privacy

    We implement reasonable technical and organisational safeguards consistent with the Australian Privacy Principles.

    Unless otherwise agreed in writing:

    • we do not act as data controller for Client operational data;
    • the Client remains responsible for regulatory compliance relating to its data.

    We are not liable for data breaches arising from Client infrastructure, misuse of credentials, or third-party platforms.

    We may use subcontractors and service providers subject to confidentiality and security controls. No system is completely secure. You acknowledge inherent risks associated with digital transmission and storage.

    Full details are set out in our Privacy Policy.

    13. Confidentiality

    Each party must keep confidential all non-public information disclosed during the engagement.

    Confidentiality obligations survive termination for a minimum of 5 years, or longer where information remains confidential by its nature or by operation of law.

    Confidential information does not include information that is:

    • already publicly available through no fault of the receiving party;
    • independently developed without reference to confidential information;
    • lawfully obtained from a third party without restriction.

    14. Security

    We apply commercially reasonable security measures. You acknowledge that no digital system is completely secure.

    The Client remains responsible for the security of its own infrastructure, credentials and access management unless expressly included in the scope of the engagement.

    15. Limitation of Liability

    To the maximum extent permitted by law, we are not liable for:

    • indirect or consequential loss;
    • loss of profits, opportunity or anticipated savings;
    • loss of data;
    • business interruption;
    • reputational damage.

    Our total aggregate liability in connection with the Services is limited to the greater of:

    • the fees paid to us in the 12 months preceding the claim; or
    • the fees paid for the specific engagement giving rise to the claim.

    This applies regardless of the basis of the claim.

    Nothing in these Terms excludes or limits any rights or remedies that cannot be excluded or limited under the Competition and Consumer Act 2010 (Cth) or any other applicable law.

    16. Indemnity

    You indemnify MYBIZZ HOLDINGS PTY LTD (trading as My Bizz Solutions) and its personnel against losses arising from:

    • unlawful or inaccurate client data;
    • breach of these Terms or the engagement documents;
    • infringement caused by materials or instructions provided by the Client;
    • misuse of deliverables or AI systems by the Client;
    • regulatory breaches caused by the Client's operations or deployment decisions.

    This indemnity does not apply to the extent a loss is caused by our fraud, wilful misconduct, or breach of law that cannot be excluded.

    This indemnity survives termination.

    17. Termination

    Either party may terminate for material breach not remedied within 14 days of written notice.

    Either party may terminate if the other party becomes insolvent or if a force majeure event continues for more than 60 days.

    Upon termination:

    • all fees for work performed, committed third-party costs and accrued charges become immediately payable;
    • no refunds for completed milestones.

    The following provisions survive termination: intellectual property, confidentiality, payment obligations, limitation of liability, indemnity, data retention and dispute resolution.

    18. Independent Contractor

    We act as an independent contractor. Nothing in these Terms creates a partnership, fiduciary, agency or employment relationship.

    19. Force Majeure

    Neither party is liable for delays or failure to perform caused by events beyond reasonable control, including but not limited to natural disasters, pandemics, government action, infrastructure failure or cyberattacks.

    20. Dispute Resolution

    The parties agree to:

    • attempt good-faith negotiation;
    • attend mediation in Perth, Western Australia if negotiation is unsuccessful;
    • only commence litigation if mediation fails.

    21. Electronic Instructions and Records

    Digital approvals, email confirmations and electronic signatures are binding. Electronic records may be retained for compliance and audit purposes.

    22. Consumer Law

    Nothing in these Terms excludes rights under the Competition and Consumer Act 2010 (Cth). Where permitted by law, remedies are limited to the resupply of Services or refund of fees paid.

    23. Updates to These Terms

    We may update these Terms from time to time. Updated Terms will be published with a revised effective date.

    For active engagements, material changes apply prospectively and do not override an already accepted Proposal or SOW unless agreed or validly incorporated under the engagement documents.

    Updates to these Terms do not modify an existing signed Proposal, Statement of Work or Engagement Letter unless expressly agreed in writing by the parties.

    For website-only use, continued use of the website after publication of updated Terms may constitute acceptance of those updates.

    24. Governing Law and Contact

    These Terms are governed by the laws of Western Australia. The courts of Western Australia have exclusive jurisdiction.

    MYBIZZ HOLDINGS PTY LTD
    ACN: 696 078 387
    Trading as My Bizz Solutions
    Perth, Western Australia
    Email: contact@mybizzsolutions.com.au