Terms of Service

These terms apply when you use builtbyskale.com and when you engage OSMIUM PTY LTD (ABN 99 115 820 463) in Australia or SKALE PRIVATE LIMITED (Company No. PV00279603) in Sri Lanka, both trading as SKALE (“SKALE”, “we”, “us”, “our”), for project work, hosting or support. By using our website or our services you agree to these terms and to our Privacy Policy.

Our services

We design, build and support websites, online stores, point of sale, CRM and ERP systems, AI tools and automation, and provide cloud hosting, security and growth marketing. Each project or ongoing service is described in a written proposal, quote or agreement (a “Proposal”). If a Proposal says something different from these terms, the Proposal applies for that work.

Quotes and changes

Quotes are valid for 30 days unless the Proposal says otherwise. Work outside the agreed scope is a change. We will tell you the cost and timing before we start any change, and only go ahead with your approval.

Fees and payment

Fees, deposits and payment milestones are set out in the Proposal. Invoices are due within 14 days unless the Proposal says otherwise. Hosting, support and other ongoing services are billed in advance for each period and renew until you cancel with the notice set out in the Proposal. If an invoice is overdue, we may pause work or the related service after giving you notice.

Your responsibilities

To keep a project on time, you agree to give us accurate information, content, feedback and access when we need them, and to make sure you have the rights to any content, logos, images and data you give us. Delays in providing these may move the timeline.

Ownership

Once you have paid in full, you own the final deliverables made specifically for you, such as your designs, content and the custom parts of your system. We keep ownership of our own tools, code libraries, frameworks and know-how that we use across projects, and you receive a licence to use them as part of your deliverables for as long as you use them. Third-party software, plugins, fonts and services remain subject to their own licences and terms. Unless you ask us not to, we may show the work in our portfolio.

Hosting and support

Where we host or support your system, we take reasonable care to keep it secure, backed up and available, and we fix faults we are responsible for. We can’t guarantee uninterrupted or error-free operation, and planned maintenance or problems with third-party providers may cause downtime. Response times and service levels are as set out in your Proposal.

Confidentiality and data

We keep your business information confidential and only use it to deliver our services. Where our work involves personal information you hold, we handle it as described in our Privacy Policy and only as needed to provide the services.

Using our website

The content on this website is provided for general information. You may not copy, reproduce or reuse our content, branding or code without our permission, or use the website in a way that disrupts it or breaks the law.

Australian Consumer Law

Nothing in these terms excludes, restricts or changes any right or remedy you have under the Australian Consumer Law or other laws that can’t be excluded.

Liability

To the extent the law allows, we are not liable for indirect or consequential loss, such as lost profits, revenue or data, and our total liability for any claim relating to a project or service is limited to the fees you paid us for that project or service in the 12 months before the claim. Where the law lets us limit our liability for a failure to meet a consumer guarantee, our liability is limited to supplying the services again or paying the cost of having them supplied again.

Ending the agreement

Either of us may end an agreement by written notice if the other seriously breaches it and does not fix the breach within 14 days. You may also end ongoing services with the notice set out in your Proposal. When an agreement ends, you pay for work done up to that date, and we will give you reasonable help to move your system, files and data to you or another provider.

Changes to these terms

We may update these terms from time to time. The date at the top shows when they last changed. Changes don’t affect a Proposal you have already accepted unless we both agree.

Governing law

These terms are governed by the laws of Victoria, Australia, and the courts of Victoria have jurisdiction.

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