These terms govern your use of the ELASYN website (elasyn.com.au) and any services provided by ELASYN Pty Ltd (ABN 73 693 119 103), trading as ELASYN, referred to as "we" or "us" throughout this document.
By accessing this website or engaging our services, you agree to these terms. If you do not agree, please do not use the site or our services.
1. Services
ELASYN provides custom software development, cloud infrastructure engineering, AI systems integration, automation, API engineering, and performance optimisation services to business clients primarily in Australia.
All services are delivered under a separate Statement of Work (SOW) or service agreement that defines scope, timeline, deliverables, acceptance criteria, and payment terms. These Terms of Service apply in addition to any project-specific agreement.
2. Intellectual property
- Client deliverables: Upon full payment, all custom code, documentation, and assets created specifically for your project are assigned to you. You receive full ownership of your codebase, repository, and deployment infrastructure
- ELASYN tools and methods: Internal tools, frameworks, libraries, and methodologies developed by ELASYN prior to or independently of your project remain the property of ELASYN. Where these are incorporated into your deliverables, you receive a perpetual, non-exclusive licence to use them within your project
- Open-source components: Where open-source software is used in your project, it retains its original licence terms. We will document all third-party dependencies and their licences as part of project handover
- Website content: All content on elasyn.com.au, including text, graphics, logos, and case studies, is the property of ELASYN Pty Ltd and may not be reproduced without written permission
3. Engagement process
Our standard engagement follows this process:
- Discovery call:free, obligation-free conversation about your requirements
- Proposal and SOW:detailed scope, architecture approach, timeline, and fixed or time-and-materials pricing
- Acceptance:written agreement signed by both parties before work begins
- Delivery:iterative sprints with regular demos and feedback cycles
- Handover:code, documentation, infrastructure credentials, and knowledge transfer
No work begins, and no fees are incurred, until a Statement of Work is signed by both parties.
4. Payment terms
- Payment terms are defined in each project's Statement of Work
- Standard terms are 50% upfront and 50% on delivery for fixed-price projects, or fortnightly invoicing for time-and-materials engagements
- Invoices are payable within 14 days of issue
- Late payments may incur interest at the rate of 2% per month on the outstanding balance
- All prices are quoted in Australian dollars (AUD) and are exclusive of GST unless stated otherwise
5. Warranties and support
- All delivered software includes a 30-day warranty period for defect remediation at no additional cost
- Defects are defined as functionality that does not meet the acceptance criteria documented in the Statement of Work
- Feature changes, scope additions, or enhancements requested after delivery are not covered by the warranty and will be quoted separately
- Ongoing support agreements are available and defined in separate support contracts
6. Limitation of liability
To the maximum extent permitted by Australian law:
- ELASYN's total liability for any claim arising from a project is limited to the total fees paid by the client for that project
- ELASYN is not liable for indirect, incidental, consequential, or punitive damages, including loss of revenue, data, or business opportunity
- ELASYN is not liable for delays or failures caused by third-party services, hosting providers, or client-supplied systems
- Nothing in these terms excludes or limits liability for fraud, gross negligence, or any liability that cannot be excluded under Australian Consumer Law
7. Confidentiality
Both parties agree to keep confidential any proprietary information disclosed during the engagement, including but not limited to business plans, technical architecture, customer data, pricing, and internal processes. This obligation survives the termination of any engagement for a period of two years.
Confidential information does not include information that is publicly available, independently developed, or lawfully obtained from a third party.
8. Data handling
ELASYN may have access to your systems and data during project delivery. We will:
- Only access data necessary to deliver the agreed services
- Not copy, store, or transfer client data outside the project scope
- Follow reasonable security practices, including encryption and access controls
- Return or destroy all client data within 30 days of project completion, unless otherwise agreed
For information about how we handle personal data collected through this website, see our Privacy Policy.
9. Termination
Either party may terminate an engagement with 14 days' written notice. Upon termination:
- The client pays for all work completed up to the termination date
- ELASYN delivers all work-in-progress code, documentation, and credentials to the client
- Any prepaid amounts for undelivered work will be refunded on a pro-rata basis
ELASYN reserves the right to terminate immediately if the client breaches these terms or the project-specific agreement.
10. Governing law
These terms are governed by the laws of Queensland, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Queensland.
11. Changes to these terms
We may update these terms from time to time. Changes will be posted on this page with an updated "Last updated" date. Continued use of the website after changes constitutes acceptance of the new terms.
12. Contact
For questions about these terms, contact us at hello@elasyn.com.au.
ELASYN Pty Ltd Brisbane, Queensland, Australia