Terms of Engagement
Last updated: September 2026 · Governed by the laws of Victoria, Australia
1. Scope of Services
These Terms of Engagement govern technology consulting, web modernisation, custom software engineering, and engineering retainers provided by Ozian360 (ABN: 86 402 419 664) to commercial clients. Individual engagements are further detailed in specific Statements of Work (SOW) or written proposals agreed upon between the parties.
2. Service Standards & Uptime Boundaries
Where an active Engineering Retainer is in effect, web applications and static assets are deployed to distributed Content Delivery Networks designed for commercial high availability. However, service level guarantees exclude:
- Global or regional infrastructure outages of upstream providers (including Cloudflare, AWS, Google Cloud, or registrar services)
- Scheduled maintenance windows communicated in advance
- Client-initiated code, DNS, or server configuration modifications
- Acts of third parties including distributed denial-of-service (DDoS) attacks exceeding standard edge mitigation capacity, or force majeure events
3. Security Warranties & Disclaimers
Ozian360 employs enterprise-level security-by-design principles, threat modelling, and edge hardening. However, in accordance with the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law):
No digital system is entirely immune from novel threat vectors, zero-day vulnerabilities, or social engineering attacks. Ozian360 does not warrant that any software, website, or infrastructure will be uninterrupted or 100% invulnerable to malicious exploitation. Our obligation is to apply industry-standard professional skill, care, and diligence.
4. Limitation of Liability
To the maximum extent permitted under Australian Consumer Law, the total cumulative liability of Ozian360 for any claim arising out of or relating to our services, whether in contract, tort (including negligence), or statute, is strictly capped at the total professional fees actually paid by the client to Ozian360 during the three (3) months preceding the incident giving rise to liability.
Neither party shall be liable for indirect, consequential, punitive, or loss-of-profit damages.
5. Payment & EFT Terms
Unless otherwise specified in an SOW:
- Fixed project deliverables require a 50% commencement deposit, with the remaining 50% payable upon final deployment sign-off
- Monthly engineering retainers are invoiced in advance on the 1st of each calendar month
- Invoices are payable via Electronic Funds Transfer (EFT) net 14 days from date of issue
6. Intellectual Property
Upon receipt of full payment for a project build, the client owns all bespoke custom code, design layouts, and business content created specifically for their deliverable. Ozian360 retains ownership of pre-existing boilerplate libraries, internal tooling, and reusable open-source architectural patterns.
7. Governing Law
These Terms of Engagement are governed by and construed in accordance with the laws of the State of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.