These terms are in two parts. Part A covers your use of this website. Part B is a plain-English summary of how Smartible engagements work.

Smartible (ABN 31 642 337 373) is a registered business name, based in Brisbane, Queensland, and operates this site. Before any engagement agreement is signed, Smartible's services will be provided by a company, and that company will be named as the contracting party in the agreement.

Part A: Website terms

Using this site

By using smartible.com.au you agree to these terms. You may browse the site and use the contact form for genuine enquiries. You must not attempt to interfere with the site, probe it for vulnerabilities without written permission, or use it to send unsolicited or automated messages.

General information only

Everything on this site, including blog posts, case studies and package descriptions, is general information. It is not advice tailored to your situation and should not be relied on as a substitute for advice specific to your business. Case study figures reflect particular projects and do not guarantee similar outcomes for others.

Blog content

Blog posts are published in good faith and reviewed before publication, but the technology they discuss changes quickly. We do not warrant that any post is complete, current or free of errors, and we may edit or remove posts at any time.

Intellectual property

The text, images, logos and design of this site belong to Smartible unless otherwise stated. You may quote short extracts with attribution and a link. You may not reproduce substantial parts of the site, or use the Smartible name or logo, without written permission.

Links to other sites

Where the site links to third-party sites, those links are provided for convenience. We do not control those sites and are not responsible for their content or their handling of your information.

Liability

To the extent permitted by law, we exclude all liability for loss or damage arising from your use of this site or reliance on its content. Nothing in these terms excludes, restricts or modifies any consumer guarantee or other right under the Australian Consumer Law that cannot be excluded.

Part B: Engagement terms (summary)

This part is a plain-English summary for information only. It does not form part of any contract. Your engagement is governed by the Master Services Agreement and your Services Agreement, which you sign on the Smartible platform. If they differ from this summary, they apply.

The documents

You sign the Master Services Agreement once. A Specification Sprint has its own short agreement. A build has its own Services Agreement, with the approved plan attached. The Master Services Agreement comes first, then the Services Agreement, then the plan, then any proposal. Nothing written into a plan can change the Master Services Agreement.

The plan defines the scope

Every build starts with a plan agreed and approved with you. It sets out what will be delivered and how each part will be accepted. The plan also sets out how we will work, and we use reasonable efforts to follow it.

Changes

Changes you ask for after the plan is signed are raised as change requests. Each one is quoted with its value, cost and timing. Nothing changes until you approve it in writing. Larger changes may be scheduled as a new cycle after the current build.

Specification Sprint

A Specification Sprint is paid in full up front under its own agreement. You receive the specification pack, and it is yours once the Sprint fee is paid. You can use it with any provider.

Sprint credit

50% credit applied to Spec when you build with us. If you sign a build with us based on your Sprint's specification within 6 months after it is delivered, half of the Sprint fee comes off the build price. The credit is shown in your Services Agreement and cannot be paid out as cash.

Milestones and payment

A build is priced in milestones. Each milestone's price is its share of the build price, in proportion to the work in it. A deposit of 50% of the build price (after any Sprint credit) is paid when you sign, and it is applied to the milestones in order. The rest of each milestone is invoiced when that milestone is reached, and invoices are due within 14 days. If a payment is more than 14 days overdue, we write to you first, and may pause work 5 business days later until it is paid. The timeline moves by the length of the pause.

If a build ends early

We are paid for the work we produce. If a build ends for any reason other than a breach by you, you pay for the milestones reached and a fair share of the milestone under way, capped at its price, and we refund money paid for milestones not yet started. If we end it because of your breach, the work done to that date is payable. There is no cancellation fee. Either of us can end a build: you with 10 business days' notice, and us with 20 business days' notice. We hand over the work in progress either way.

Handover and warranty

When we hand over the source code, we record a handover point on the platform: the repository, the exact commit and a SHA-256 fingerprint of it. For 30 days after handover, we fix at no charge any defect in the code as handed over that stops it meeting the plan's acceptance criteria. The warranty covers the code as handed over. Parts that you or a third party change after handover are not covered, and the handover record is how we tell what changed.

Our services also come with guarantees that cannot be excluded under the Australian Consumer Law. They last for a reasonable time, and our 30-day warranty does not shorten them.

Goodwill

Sometimes we help beyond what an agreement requires, at no charge. That help is at our discretion, is not an obligation, and does not set a precedent or change your agreement.

Limitation of liability

Our total liability for an engagement is limited to the fees payable under its Services Agreement or Sprint Agreement, and yours is limited the same way. Where the Australian Consumer Law applies, our liability for a failure to meet a consumer guarantee is limited to us fixing or redoing the work. You can choose a refund of the fees for the affected work instead, paid once you sign a release for that failure. Every agreement also offers Extended liability, for a stated additional fee: it removes that limit, so you keep every remedy the Australian Consumer Law gives you, and doubles the cap. Your agreement sets out these key terms in a short summary at the top, and you confirm you have read it when you sign. Subject to the Australian Consumer Law, neither side is liable for indirect or consequential loss, such as lost profit or revenue. These limits do not apply to fraud, wilful misconduct, death or personal injury caused by negligence, or anything the law does not allow to be limited, including your rights under the Australian Consumer Law.

Insurance

Insurance is arranged for each engagement, matched to its size and risk, and the policies are named in its Services Agreement or Sprint Agreement before work starts. Certificates of currency are available on request once cover is in place.

Credit checks

We only consider a credit check when we are asked to accept payment after work starts, such as milestone balances. Sprints and Operate & Evolve are paid in advance and involve no credit check. For a company, we may use public registers and a commercial credit report about the company. We check an individual's personal credit information only with that person's own express consent, given separately on the platform. We never report anyone to a credit reporting body. We handle credit information under Part IIIA of the Privacy Act 1988 and the Privacy (Credit Reporting) Code, as explained in our credit reporting policy.

Ownership

Once you have paid for a package, you own what we produced for you in it, including the code and the plan. We keep the right to reuse general know-how, methods and tooling that are not specific to you. Open-source components stay under their own licences, and we list them for you with every release.

AI tools

We use AI tools to help write, test and review software. A senior Smartible engineer reviews every change before it is released. We only use AI tools that do not train on your data, and we do not put your personal information or production data into them without your written agreement.

Your data

We do not host client systems. The systems we build run in your own cloud account or on your own servers, and you choose where they and their data are kept. Our customer platform, which holds your project records, documents and files, runs on our servers in Australia. It uses Clerk (United States) for sign-in and Brevo (European Union) for email. The full list is in our privacy policy.

Force majeure

Neither side is responsible for delays caused by events outside its reasonable control that reasonable precautions could not prevent, such as natural disasters, floods, pandemics, war, new laws, or widespread failures of utilities or internet infrastructure. The affected side must tell the other promptly and work to resume. The timeline is extended for the length of the event. Fees for services not provided during the event are not charged. If the event lasts more than 60 days, either side may end the engagement, and the rules for a build ending early apply.

Confidentiality

Each side keeps the other's confidential information confidential and uses it only for the engagement.

Operate & Evolve

Operate & Evolve is billed monthly in advance, and either side can end it with 30 days' written notice. Our response target is the next business day. Security patching timeframes are set by the terms and conditions of your support plan. The full terms, including what is covered and how you get your data back when it ends, are set out in the Operate & Evolve schedule to our Master Services Agreement.

Disputes

If something goes wrong, we first talk it through with you directly. If that does not resolve it within 20 business days, we both must try mediation through the Resolution Institute before going to court. Mediation can be held by video, and we share the mediator's fees equally. Either side can still seek urgent relief from a court, and after mediation, or 30 business days after it starts, you keep your full right to go to QCAT or rely on the Australian Consumer Law.

Governing law

These terms and every engagement are governed by the laws of Queensland, Australia, and the parties submit to the courts and tribunals of Queensland.

Questions

Email hello@smartible.com.au.