Terms of Service
Please read these terms and conditions carefully before using our services
Agreement to Terms
Understanding your legal agreement with Fine Software
These Terms of Service ("Terms") govern your use of our website, services, and software provided by Fine Software ("we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms.
If you disagree with any part of the terms, you may not access the service. We reserve the right to update or change our Terms at any time without prior notice. Your continued use of the service after any such changes constitutes your acceptance of the new Terms.
Key Terms Summary
Service Access
Subject to these Terms and our Privacy Policy
Intellectual Property
We retain all rights to our services and content
User Responsibilities
You agree to use services lawfully and ethically
Limitation of Liability
We limit our liability as permitted by law
Our Services
Description of services provided and usage terms
1. Cloud Services
We provide cloud computing, AI, and machine learning services including but not limited to:
- Cloud infrastructure setup and management
- AI and machine learning model development
- Data analysis and visualization services
- Cloud migration and optimization
- 24/7 technical support and monitoring
Note: Additional terms may apply for specific cloud service agreements and third-party platform usage.
2. Software Solutions
Custom software development and integration services including:
- Custom application development
- API integration and development
- Quality assurance and testing
- Software maintenance and support
- Technical consulting and architecture
Note: Source code ownership and licensing terms will be specified in individual service agreements.
3. Website Services
Professional website design, development, and ecommerce solutions:
- Website design and development
- Ecommerce platform setup
- Content management system implementation
- Website maintenance and updates
- Search engine optimization (SEO)
Note: Website hosting and domain registration may be provided as additional services subject to separate terms.
4. Digital Marketing
Comprehensive digital marketing and advertising services:
- Social media marketing and management
- Search engine optimization (SEO)
- Pay-per-click (PPC) advertising
- Email marketing campaigns
- Content marketing and strategy
Note: Advertising budgets and platform fees are additional costs not included in our service fees.
Fees & Payments
Payment terms and billing information
Payment Terms
- All fees are quoted in Australian Dollars (AUD)
- Payment terms are specified in individual service agreements
- Invoices are due within 30 days of receipt
- Late payments may incur interest charges
- We accept bank transfers, credit cards, and PayPal
Refunds & Cancellations
- Refund policies vary by service type
- Custom development projects are non-refundable after work begins
- Subscription services may be cancelled with 30 days notice
- Refunds are processed within 30 days of approval
- Disputed charges must be reported within 30 days
Additional Costs
- Third-party service fees (hosting, software licenses)
- Domain registration and renewal fees
- Advertising and marketing campaign budgets
- Travel expenses for on-site services
- Taxes and government fees
Important: All prices are subject to change without notice. Written quotes are valid for 30 days from the date of issue.
Intellectual Property
Ownership and usage rights for created content and materials
Our Rights
Pre-existing Materials
We retain all rights to our pre-existing tools, frameworks, and intellectual property used in service delivery.
Service Materials
We own all materials created during service delivery unless otherwise agreed in writing.
License Grant
We grant you a non-exclusive, non-transferable license to use deliverables for your business purposes.
Your Rights
Your Content
You retain ownership of all content, data, and materials you provide to us.
Final Deliverables
Upon full payment, you receive rights to use final deliverables as specified in your agreement.
Feedback
Feedback and suggestions you provide may be used to improve our services without compensation.
Disclaimer of Warranties
Important limitations and disclaimers
As Is Service Provision
Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
No Guarantees
We do not guarantee that our services will meet your requirements, be uninterrupted, timely, secure, or error-free.
Third-Party Services
We are not responsible for the performance or content of third-party services, websites, or platforms used in connection with our services.
Results Not Guaranteed
While we strive for excellence, we cannot guarantee specific business results, increased revenue, or improved performance from our services.
Technical Issues
We are not liable for any technical issues, data loss, or service interruptions caused by factors beyond our reasonable control.
Limitation of Liability
Our liability limitations and your remedies
To the fullest extent permitted by applicable law, in no event shall Fine Software, its directors, employees, agents, affiliates, suppliers, or licensors be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages including but not limited to lost profit, data loss, goodwill, or other intangible losses.
Liability Limits
Exclusions
These limitations do not apply to liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited by applicable law.
Termination & Cancellation
How agreements may be terminated and what happens afterward
We May Terminate
- Breach of Terms: If you violate any provision of these Terms
- Non-payment: If you fail to pay fees when due
- Illegal Activity: If you use our services for illegal purposes
- Insolvency: If you become insolvent or file for bankruptcy
- Force Majeure: If we cannot provide services due to circumstances beyond our control
Termination Process
We will provide written notice of termination. You will be responsible for all fees accrued up to the termination date.
You May Terminate
- Notice Period: With 30 days written notice for ongoing services
- Breach: If we materially breach our obligations
- Convenience: For subscription services, subject to early termination fees
- Change of Control: If there is a significant change in our business
Your Obligations
You must pay all fees for services rendered up to the termination date. Some services may not be refundable.
Questions?
Contact us for legal inquiries or contract questions
Legal Department
For contract-specific questions, please reference your agreement number if applicable.