Terms of Trade

These terms are a starting template provided for transparency about how AppTheory generally engages. They are not legal advice, and they should be reviewed and adapted by a qualified Australian lawyer before being relied upon for a specific engagement. The terms that govern any particular project are those set out in the written proposal or agreement we sign with you.

These terms of trade apply to services provided by AppTheory (“we”, “us”, “our”) to you, the client. By engaging us, you agree to these terms as supplemented by the specific scope, deliverables, and pricing in your proposal.

We provide fixed-price quotes based on an agreed scope of work. Quotes are valid for 30 days unless stated otherwise. Work outside the agreed scope (a “variation”) will be quoted separately and only begins once you approve it in writing.

Unless agreed otherwise in writing, the project fee is fixed and billed in three equal milestones of one third each:

• Deposit (1/3): payable on acceptance, before work begins. This kicks off design and architecture.
• Proof of concept (1/3): payable on delivery of a working proof of concept for your review and sign-off.
• Production (1/3): payable on production release, after the build has passed penetration testing and remediation.

Invoices are due within 7 days of issue unless stated otherwise. We may pause work on overdue accounts. Final deliverables and source code are released on receipt of final payment.

Timely delivery depends on your input. You agree to provide the content, access, approvals, and feedback we reasonably need, within reasonable timeframes. Delays in your inputs may affect timelines and, for variations, cost.

Every build includes CREST-certified penetration testing before production release, at no additional charge. We remediate identified findings and re-verify the fixes. Security testing reduces risk but cannot guarantee that software is free of all vulnerabilities; we make no warranty that an application is impervious to all attacks.

On receipt of final payment, ownership of the custom deliverables created specifically for you transfers to you. We retain ownership of our pre-existing tools, libraries, and know-how, and grant you a licence to use them as embedded in your deliverables. We may use third-party and open-source components, which remain subject to their own licences.

We warrant that our services will be provided with due care and skill. If a defect in our work appears within 30 days of production release, we will fix it at no charge, provided it is not caused by changes made by you or third parties, or by use outside the agreed scope. Our services come with guarantees that cannot be excluded under the Australian Consumer Law where it applies.

To the maximum extent permitted by law, our total liability arising out of or in connection with an engagement is limited to the fees paid by you for that engagement. We are not liable for indirect or consequential loss, including loss of profits, revenue, or data. Nothing in these terms excludes liability that cannot lawfully be excluded.

Each party agrees to keep the other’s confidential information confidential and to use it only for the purposes of the engagement. We may describe the nature of the work performed in general terms (for example, as a representative project) without disclosing your confidential information.

Either party may terminate an engagement with reasonable written notice. On termination, you agree to pay for all work performed and costs incurred up to the termination date. Milestones already reached remain payable.

These terms are governed by the laws of Australia and the state in which AppTheory operates, and the parties submit to the non-exclusive jurisdiction of the courts of that place.

Questions about these terms? Contact us at sales@tracktheory.com.au.