Legal
Terms & Conditions
These terms apply to the work Futurisen Software Solution (ABN 31 479 615 005), trading as Futurisen and referred to below as we or us, does for you: websites, business systems and web applications, mobile and desktop apps, and our ongoing care plans and hosting.
Your agreement with us is made up of the proposal or quote we send you, any scope or milestone schedule attached to it, and these terms. Where a proposal and these terms disagree, the proposal wins for that project.
You accept these terms when you accept a quote or proposal in writing, pay a deposit or an invoice, or ask us to start work, whichever happens first.
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 a term would do that, it does not apply to that extent.
Last updated 10 August 2026
Quotes and Scope
Quotes are valid for 30 days. All amounts are in Australian dollars and exclude GST unless stated otherwise. Where GST applies, we add it and show it on the invoice.
Where a price is shown as a "from" figure, it is a realistic starting point rather than a fixed price. We give you one firm quote before any work starts.
Unless your proposal says otherwise, a quoted price excludes:
- Domain name registration and renewal
- Third-party licences, subscriptions and API usage charges
- Stock photography, video and font licences
- Paid advertising and its management
- Content writing, unless we quoted it
- Hosting beyond any period stated in the proposal
If you want something outside the agreed scope, we quote it separately and in writing, and we wait for your written go-ahead. We will never do chargeable extra work and surprise you with it on an invoice.
Payment Terms
Invoices are due within 14 days of the invoice date, unless your proposal says otherwise.
Builds are invoiced in milestones, so you pay in stages as the work lands. Care plans and hosting are invoiced in advance for the period they cover.
If an invoice is not paid by its due date, we may charge interest on the outstanding amount at the Reserve Bank of Australia cash rate plus 4% per annum, calculated daily from the due date until it is paid. We may also recover the costs we actually incur in chasing the debt. We do not charge a fixed penalty on top.
If an invoice is more than 14 days overdue, we may pause work, hosting or support. We will give you at least 7 days written notice first, so you have a chance to bring the account up to date or tell us if something has gone wrong.
If you dispute an invoice in good faith, tell us within 14 days. We will not charge interest or pause anything over the disputed amount while we sort it out. The undisputed part still falls due as normal.
What We Need From You
Projects run on a two-way flow. To keep to the timeframe we agree, we need you to:
- Give us content, images and materials by the dates in the schedule.
- Give feedback and approvals within a reasonable time, usually 5 business days.
- Nominate one person who can make decisions and sign things off.
- Give us the access we need to the systems and accounts involved, and keep those credentials secure.
- Keep your email address up to date, since email is how we mostly work.
You confirm that you own, or have permission to use, everything you give us to include in the project, including text, images, video, fonts and logos. If a third party claims otherwise, you agree to cover the reasonable costs we incur defending that claim, to the extent it arises from what you supplied.
Delivery and Timeframes
Timeframes we give are careful estimates, not guarantees. If we think a date is going to slip, we tell you as soon as we know, and why.
Late content, slow feedback and changes to the agreed scope will move the delivery date. Where they add work, we quote that work before doing it.
If we do not hear from you for 20 business days despite at least two written attempts to reach you, we may pause the project. We will tell you in writing before we do. Work completed to that point is invoiced, and we hold the project open for 3 months so you can pick it back up where you left it.
Once your project goes live you have 14 days to tell us about anything that does not work the way we agreed: functional faults, broken links, or spelling mistakes in content we entered. We fix those at no charge. After that window, new work is quoted as normal.
That 14 day window is a service commitment on top of your rights under the Australian Consumer Law. It does not limit them, and it does not shorten any period the law gives you.
Content and Launch
Unless we quoted content writing, you provide the content. We help you get it into the site, and we will always tell you what we still need.
Once the build is ready to take content, we allow a 4 week grace period outside the project timeframe for you to supply anything outstanding, and we help load it.
If the site is not ready to launch when that grace period ends, we put it on our staging server and give you access and training so you can keep filling it in. The final project milestone falls due at that point, because the build itself is finished.
We keep it on staging for up to 2 months. At the end of that, you choose: we launch it, we package it up and hand it to you, or we keep hosting it at an agreed rate. We will ask you before doing any of the three.
Intellectual Property
Until a project is paid for in full, everything we make for it stays ours.
On full payment, the custom code, designs and graphics we created specifically for your project become yours. We assign that ownership to you and will do whatever is reasonably needed to make the assignment effective.
Our own pre-existing tools, libraries, components and boilerplate stay ours, along with anything we build that is not specific to your project. You get a perpetual, worldwide, royalty-free licence to use them as part of your project, including to keep running it, change it, and host it wherever you like.
Your project may also include open source or licensed third-party components. Those stay with their owners and are used under their own licences. We will tell you which ones are involved.
On full payment we hand over the complete source code. We do not withhold it. If you want editable design source files in a particular format, ask us. Where preparing or converting them takes real time, a fee may apply, and we will tell you the cost before we start.
We may show the work in our portfolio and case studies. If you would rather we did not, tell us and we will not.
We do not put a credit link in your footer unless you are happy for us to.
Care Plans and Hosting
A care plan rolls hosting, SSL and security patching, backups, monitoring, updates, a set amount of small changes each month, and support from someone who knows your build, into one monthly cost.
Care plans are invoiced monthly in advance. They are optional, and taking one is never a condition of us building your project.
You can cancel at any time. Cancellation takes effect at the end of the month you have already paid for, and we do not charge you after that. There is no minimum term and no exit fee.
Your plan includes a set amount of our time each month for small changes, stated in your proposal. Unused time does not roll over. Anything bigger we quote separately and in writing before starting.
A care plan does not cover faults caused by changes you or a third party make, new features, or work on systems we did not build. We will always tell you before any of that becomes chargeable, and quote it first.
If you want to move your site or email somewhere else, tell us and we will help. We give you an export of your site, its source code and its database at no charge. We will not hold your files, data or domains against an unpaid invoice. If you owe us money we will chase it as a debt, not by holding your business hostage.
After a plan ends, we keep a copy of your site and data for 30 days so nothing is lost in the handover, then delete it. Tell us if you need longer and we will arrange it.
If your site consistently uses far more server resources than your plan allows, we will get in touch, explain the options, and agree a new rate with you before charging anything extra.
Business Systems and Apps
Business systems, web applications and mobile or desktop apps are scoped and quoted against a written specification, and delivered against fixed milestones.
App store and developer accounts with Apple, Google or Microsoft are set up in your name and stay yours. Their fees are yours, and their review decisions are theirs. We cannot guarantee that an app will be approved, or how long a review will take.
Systems often depend on third-party services such as payment providers, mapping, email delivery or accounting APIs. Their fees are yours, their availability is outside our control, and if one changes its terms or shuts down, the work to adapt is quoted separately.
We build and test against sample data. We do not use your real customer data in development unless you ask us to and we agree in writing how it will be handled.
Training and handover are included where your proposal says so.
Client Data and Privacy
Your data is yours. We never use it for our own purposes, and we never sell or reuse it.
You are responsible for your own privacy policy, and for telling the people who use your system what it collects and why. Australian privacy law is changing: from 10 December 2026 the small business exemption in the Privacy Act 1988 (Cth) is removed, so most small businesses will need to comply in full. We are glad to help you get ready and will tell you exactly what your system collects, but we are not lawyers and none of this is legal advice.
Where we add analytics, cookies, tracking or any third-party service to your project, we tell you in writing what it collects and where that data goes before it goes live, so your own privacy notice can cover it. Whether to include them is your decision.
You confirm you have the right to give us any personal information you give us, along with any consents needed for us to handle it.
Where we hold personal information for you, we use it only to deliver the services, keep access to the people who need it, and take reasonable steps to protect it. We will tell you who our hosting and service providers are, and where they are located, whenever you ask.
If we become aware of a data breach affecting your system, we tell you promptly, help you assess it, and support any notification you have to make. Where the Notifiable Data Breaches scheme applies to us as well, we meet our own obligations under it.
When our engagement ends, we return or delete your data as you direct.
Domains
Your domain is yours, always, even where we registered it for you.
Where we register a domain on your behalf, we use domain privacy and set it to auto renew so it cannot lapse by accident. Tell us at least 30 days before a renewal date if you do not want it renewed.
If you want to move it, we unlock it and give you the transfer code at no charge. We do not charge a transfer fee, and we do not hold domains.
Search Visibility
Our builds include the on-page fundamentals: fast load times, clean markup, an accessible structure, meta tags, a sitemap and Search Console setup, as set out in your proposal.
We do not sell ongoing SEO campaigns, paid advertising or social media retainers.
Search engines change their ranking algorithms without notice, and rankings move for reasons entirely outside anyone’s control. We do not guarantee any particular ranking, traffic level, enquiry volume or sales figure, and nobody honestly can.
Third-Party Licences
Some functionality needs third-party licences to work: mapping APIs, premium fonts, plugins or paid services. We tell you which ones your project needs before we build it in.
Unless your proposal says otherwise, the build price covers those licences for the first 12 months from the project start date.
After that, we either invoice you for the renewal or, if you prefer, transfer the licence into your own name so you pay the provider directly. Just tell us which you would rather do.
Where a service charges by usage, such as a mapping or location API, we tell you the expected cost up front and let you know if usage changes materially. You can supply your own API key at any time and be billed directly by the provider instead.
Warranties and Liability
We warrant that we will perform our services with due care and skill, and that what we deliver will substantially do what your proposal says it will.
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies those guarantees.
To the maximum extent permitted by law, and subject to the paragraph above:
- Our liability for failing to comply with a consumer guarantee in relation to services is limited to resupplying those services, or paying the cost of having them resupplied.
- Our total liability arising out of or in connection with the agreement is limited to the amount you have paid us for the work the claim relates to in the 12 months before the claim arose.
- Neither of us is liable to the other for loss of profit, loss of revenue, loss of anticipated savings, loss of data beyond the cost of restoring it from a backup we were engaged to keep, or any indirect or consequential loss.
These limits do not apply to fraud, wilful misconduct, a breach of confidentiality, or your obligation to pay for work we have done.
We are not responsible for faults in a system we did not build, in code changed by you or a third party after handover, or in third-party services that fail or change. We will always tell you what we think has gone wrong, and quote any work needed to put it right.
Refunds
Before we start building: if we cannot land on a design you are happy with and you decide not to go ahead, we refund what you have paid to get started.
After the build starts: if you stop the project, we invoice the work completed to that point at the rates in your proposal and refund any balance you have paid beyond it. If the completed work comes to more than you have paid, the difference is payable.
Care plans: cancel at any time. We do not charge you beyond the month you have already paid for.
Overpayments: if you overpay, tell us, or we will tell you when we spot it. We refund the excess within 10 business days, back to the account the payment came from unless you ask us to do something else.
None of this limits your rights under the Australian Consumer Law, including where a service has not been delivered with due care and skill.
Confidentiality
Each of us will keep the other’s confidential information confidential, use it only for the purpose of the engagement, and protect it as carefully as we protect our own.
This does not apply to information that is already public through no fault of ours, that we already knew or worked out independently, or that we are required by law to disclose. Where the law requires disclosure, we will tell you first if we are allowed to.
These obligations continue after the engagement ends.
Ending the Agreement
You can end a project at any time by telling us in writing. We invoice the work completed to that point, and the Refunds section above sets out what happens to anything you have paid in advance.
We can end an engagement if an invoice is more than 30 days overdue and still unresolved after we have given you notice, if we are asked to do something unlawful, or if the working relationship has genuinely broken down. We will give you 14 days written notice, and we will not walk away in the middle of a launch.
When an engagement ends, we invoice the work done, hand over everything you have paid for, transfer any domains and accounts we hold for you, and give you an export of your data.
The sections on intellectual property, confidentiality, warranties and liability, and payment survive the end of the agreement.
General
How we communicate
Email is our main way of working. Please keep your address up to date so nothing gets missed.
Formal notices under these terms are given in writing by email: to info@futurisen.com for us, and to the address you nominate for you. A notice is treated as received on the next business day after it is sent.
Subcontractors
We may use subcontractors for parts of a project. We stay responsible for their work as if it were our own, and they are bound by the same confidentiality obligations.
Things outside our control
Neither of us is liable for a delay or failure caused by something genuinely outside our reasonable control, such as an outage at a hosting or third-party provider, a natural disaster, or a change in law. We will tell you as soon as we know and work with you on the way around it.
Changes to these terms
We may update these terms. The version that applies to your project is the one published here when you accepted your proposal. If we make a material change and you are an ongoing client, we will tell you at least 30 days before it applies to you.
Assignment
Neither of us can transfer this agreement to someone else without the other’s written consent, except to a buyer of substantially the whole business.
If part of this is unenforceable
If any provision of these terms is unlawful, void or unenforceable, it is treated as separable and the rest of the agreement stays in force.
Entire agreement
Your proposal, its schedules and these terms are the whole agreement between us, and they replace anything discussed beforehand.
If something goes wrong
If a dispute comes up, tell us and we will meet, in person or on a call, within 10 business days to try to sort it out. If it is still unresolved 20 business days after that, either of us can take it further. Nothing here stops either of us seeking urgent relief from a court.
Governing law
These terms are governed by the laws of New South Wales, Australia, and we each submit to the courts of that state.