1. About these Terms
These Terms of Service (the Terms) form a binding agreement between you and ORIA Homes Pty Ltd (ABN 97 703 365 753) of Melbourne VIC, Australia (we, us or our). By using our website, contacting us, or engaging our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our website or services.
We may be contacted at ceo@oriahomes.online.
2. Definitions
- Services means the professional business and consulting services we provide, as described on our Services page and in any engagement documents.
- Engagement means an agreement between you and us for the provision of Services, formed in accordance with section 4.
- Deliverables means any reports, advice, documents, plans or other materials we produce for you under an Engagement.
- Website means oriahomes.online and its content.
3. Our Services
We provide professional business and consulting services to individuals, sole traders, companies and organisations. The scope, timeline and cost of any particular Engagement will be set out in a written proposal, quote or engagement letter provided to you before work commences.
Any general information published on our Website is provided for informational purposes only and does not constitute financial, legal, taxation or other professional advice tailored to your circumstances. You should obtain advice specific to your situation before acting on any general content published on the Website.
4. Quotes and Engagement
You may request a quote through our quote form or by contacting us. Quotes we issue are subject to the following:
- Quotes are valid for 30 days from the date of issue unless stated otherwise.
- Quotes are based on the information you provide; if the scope of work changes, we may revise the quote before proceeding.
- An Engagement is formed when you accept our quote in writing (including by email) or when we commence work at your request.
- Each Engagement is governed by these Terms together with the accepted quote or engagement letter.
5. Fees and Payment
- All fees are stated in Australian dollars (AUD) and, unless otherwise stated, are exclusive of GST.
- Invoices are payable within 14 days of the invoice date, or as otherwise stated in the engagement documentation.
- We may require a deposit or progress payments for larger Engagements.
- Overdue amounts may accrue interest and we may suspend provision of Services until outstanding amounts are paid.
- You are responsible for any costs we reasonably incur as a result of your instructions, including third-party disbursements approved by you.
6. Your Responsibilities
To enable us to provide the Services, you agree to:
- Provide accurate, complete and timely information, records and documents reasonably required by us.
- Respond to our requests for feedback and approvals within a reasonable time.
- Ensure you hold all rights, permissions and authorisations needed for materials you supply to us.
- Comply with all applicable laws in connection with your use of our Services and Deliverables.
We are not liable for delays, defects or outcomes caused by information you fail to provide or provide inaccurately.
7. Deliverables and Revisions
Unless the engagement documentation states otherwise, each Deliverable includes two rounds of reasonable revisions requested within 14 days of delivery. Additional revisions or work outside the agreed scope will be quoted separately. Timeframes we provide are estimates only and are not guaranteed dates of performance.
8. Intellectual Property
All content on the Website, including text, graphics, logos and design, is owned by us or licensed to us and is protected by Australian and international copyright laws. You may not reproduce, distribute or modify Website content without our prior written consent.
Upon full payment of fees for an Engagement, you own the final Deliverables produced for you. We retain ownership of our pre-existing methodologies, templates, tools and know-how, and we may reuse generalised learnings and non-confidential materials developed during an Engagement.
9. Confidentiality
We will keep confidential all non-public information you provide to us in connection with an Engagement, and use it only for the purpose of providing the Services. This obligation does not apply to information that is publicly available, independently developed, required to be disclosed by law, or disclosed with your permission.
10. Consumer Guarantees under Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any rights you may have under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) or any other applicable legislation. Our Services come with guarantees that cannot be excluded under the Australian Consumer Law, including guarantees that services will be provided with due care and skill and be reasonably fit for purpose.
To the maximum extent permitted by law, our liability for a failure to comply with a statutory guarantee is limited (at our option) to supplying the Services again or paying the cost of having the Services supplied again.
11. Limitation of Liability
To the extent permitted by law, and subject to section 10:
- We exclude all implied warranties and conditions not expressly stated in these Terms or the engagement documentation.
- We are not liable for indirect, incidental, special or consequential loss, including loss of profit, revenue or business opportunity.
- Our total aggregate liability arising out of or in connection with an Engagement is limited to the fees you paid to us for that Engagement.
12. Acceptable Use of the Website
You agree not to use the Website in any way that is unlawful, misleading, or that may damage, overload or impair the Website or interfere with other users' access. You must not attempt to gain unauthorised access to any part of the Website, related systems or networks.
13. Third-Party Links and Tools
The Website and Deliverables may reference or include third-party websites, tools or services. We do not endorse and are not responsible for third-party content, availability or practices. Your dealings with third parties are solely between you and the third party.
14. Privacy
We handle personal information in accordance with our Privacy Policy, which forms part of these Terms.
15. Suspension and Termination
Either party may terminate an Engagement by giving 14 days' written notice, or immediately where the other party commits a material breach that is not remedied within 7 days of written notice. If an Engagement is terminated, you must pay for all Services performed and reasonable costs incurred up to the date of termination.
We may suspend or terminate your access to the Website immediately if you breach these Terms.
16. Changes to these Terms
We may update these Terms from time to time. The current version will always be published on this page with the date of last update shown above. Changes apply to Website use immediately upon publication and to Engagements formed after publication. Engagements already accepted will continue to be governed by the Terms in force when the quote was accepted, unless we both agree otherwise in writing.
17. Governing Law
These Terms are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from those courts.
18. Contact Us
Questions about these Terms can be sent to ceo@oriahomes.online, or through our contact page.