Terms & Conditions
Conditions of use for the planfix.au website and Planfix consulting engagements.
These terms govern your use of the website at planfix.au (the "Site") and the consulting engagements provided under the Planfix IT Consultancy trading name. References in these terms to "Planfix", "we", "us" or "our" mean KITE UNION PTY LTD trading as Planfix IT Consultancy. By using the Site you agree to these terms.
1. About Planfix
Planfix IT Consultancy is the trading name of KITE UNION PTY LTD (ABN 83 612 596 291), an Australian proprietary limited company. Our correspondence address is PO Box 1403, North Ryde NSW 2113, Australia. KITE UNION PTY LTD is the contracting party for all engagements entered into under the Planfix brand.
2. Site content
All content on this Site is provided for general information only. While we take reasonable care to ensure accuracy, we make no warranties as to completeness, currency or fitness for a particular purpose. Reliance on Site content is at your own risk.
3. Intellectual property
All text, graphics, logos, layouts and code on this Site are owned by or licensed to Planfix and protected by Australian and international copyright laws. You may view and download content for personal, non-commercial use only.
4. Permitted use
You agree not to:
- Use the Site for any unlawful purpose
- Attempt to gain unauthorised access to the Site or its underlying systems
- Send automated traffic, scrape content or otherwise abuse the infrastructure
- Reproduce, redistribute or modify Site content without prior written permission
5. Consulting engagements
Any consulting work between Planfix and a client is governed by a separate written engagement letter that sets out scope, fees, deliverables, milestones and payment terms. The headline pricing on this Site is indicative only and does not constitute an offer capable of acceptance. All engagements are subject to a discovery call and a signed engagement letter.
Planfix may engage related entities, subcontractors or specialist partners (including its sister software development practice, Kite Union) to deliver portions of an engagement. KITE UNION PTY LTD remains the contracting party and is responsible for the work as the primary supplier.
6. Fees, GST and payment
Unless otherwise stated in writing, all fees on this Site and in engagement letters are quoted in Australian dollars and are exclusive of GST. GST will be added where applicable and shown on tax invoices issued in accordance with A New Tax System (Goods and Services Tax) Act 1999 (Cth). Invoices are payable within 14 days of issue. Late payments may attract interest at the Reserve Bank of Australia cash rate plus 2% per annum, calculated daily on the overdue balance. We reserve the right to suspend ongoing work for accounts more than 30 days overdue.
7. Confidentiality
Each party agrees to treat information disclosed to it by the other during a discovery call or engagement as confidential, including business processes, financial information, technical documentation, customer data and pricing. Confidential information may only be disclosed to staff, contractors or related entities who need it to deliver the work, or where disclosure is required by law. This obligation survives the end of the engagement.
8. Intellectual property in deliverables
Background IP each party brings to an engagement remains owned by that party. Ownership of deliverables created specifically for a client (such as roadmap documents, architecture diagrams or written recommendations) is set out in the engagement letter and, unless otherwise agreed, transfers to the client on full payment of the relevant invoices. Planfix retains the right to re-use generic methodologies, frameworks and know-how across other engagements.
9. Limitation of liability
To the extent permitted by law, Planfix is not liable for any indirect, special, incidental or consequential loss (including loss of profits, revenue, data or business opportunity) arising out of or in connection with Site content or any consulting work. Our total aggregate liability for any claim, however arising, is capped at the fees paid by the client to Planfix in the 6 months preceding the event giving rise to the claim. Nothing in these terms excludes, restricts or modifies any rights or remedies that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other non-excludable statutory rights.
10. Indemnity
The client indemnifies Planfix against loss, damage, claims and reasonable legal costs arising from: (a) the client's breach of these terms or an engagement letter; (b) the client's misuse of deliverables; or (c) third-party claims that information or materials supplied by the client to Planfix infringe a third party's rights.
11. Force majeure
Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, fire, pandemic, government action, telecommunications failure or large-scale infrastructure outage. The affected party will notify the other and resume performance as soon as reasonably practicable.
12. Termination
Either party may terminate a consulting engagement on the notice period stated in the engagement letter, or 30 days where no notice period is specified. Either party may terminate immediately for material breach not remedied within 14 days of written notice. Termination does not affect accrued rights and obligations: fees for work completed up to the termination date remain payable, and the confidentiality, intellectual property, indemnity and limitation of liability provisions continue to apply.
13. Third-party links
The Site may link to third-party websites. We have no control over and accept no responsibility for the content, accuracy or privacy practices of those sites.
14. Privacy
Our handling of personal information is described in our Privacy Policy, which forms part of these terms.
15. Changes to these terms
We may amend these terms from time to time by updating this page. The "Last updated" date at the top of the page indicates when the most recent change was made. Continued use of the Site after a change is taken as acceptance of the updated terms.
16. Severability and entire agreement
If any provision of these terms is found to be unenforceable or invalid, the remaining provisions continue in full force and effect. These terms, together with any signed engagement letter and the Privacy Policy, form the entire agreement between the parties on their subject matter and supersede any prior representations on the same subject.
17. Governing law and dispute resolution
These terms are governed by the laws of New South Wales, Australia. Before commencing court proceedings, the parties will use reasonable endeavours to resolve any dispute by good-faith discussion between senior representatives, and (if that fails) by mediation through a mediator agreed between the parties (or, failing agreement, nominated by the Resolution Institute). Nothing in this clause prevents either party from seeking urgent interlocutory relief. The parties submit to the exclusive jurisdiction of the courts of New South Wales.
18. Contact
Planfix IT Consultancy
KITE UNION PTY LTD
ABN 83 612 596 291
PO Box 1403
North Ryde NSW 2113
Australia
info@planfix.au
+61 (04) 3283 3024