Tekmatix Service Agreement for Done-For-You Tekmatix Services
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Tekmatix Service Agreement for Done-For-You Tekmatix Services
TEKMATIX TERMS OF SERVICE AGREEMENT
For the delivery of done-for-you tech services, migration services, Tekspert services and Tekspert calls.
MainTraining Pty Ltd (ABN: 74164108954), Trading as: Tekmatix
Registered in: Queensland, Australia
1. AGREEMENT & ACCEPTANCE
1.1. By purchasing any services or Tekspert calls from Tekmatix, you agree to be bound by this Terms of Service Agreement.
1.2. You accept this Agreement by:
(a) Signing and returning the Proposal/Tax Invoice;
(b) Confirming acceptance in writing, including by email;
(c) Accepting the Estimate/Proposal online;
(d) Allowing us to proceed with the Services; or
(e) Making part or full payment for the Services.
2. DESCRIPTION OF SERVICES, INCLUSIONS AND EXCLUSIONS
2.1. Services provided will be as outlined in your Proposal, Estimate, Tax Invoice, Service Agreement and pricing schedule attachment and may include:
● Tech setup related to Tekmatix
● Done-for-you services related to the Tekmatix platform
● Consulting, zoom calls, and advisory sessions with Tekmatix experts (via Zoom or in-person)
● Migration services to Tekmatix
● Tekmatix 'Hire a Tekspert' calls and any paid sessions with Tekmatix staff
● Any additional services agreed upon in writing in the Service Agreement / Invoice
2.2. Tekmatix may use employees, contractors, or third-party providers to deliver the Services.
2.3. Limitation of Services: Tekmatix do not provide tech services to build on platforms outside of Tekmatix. Tekmatix only provides Tekmatix-related tech services. We do provide migration services to transfer your content away from other platforms ON to Tekmatix. We may not have the internal staffing, capability or capacity to offer services to every request at busy times, and we also do not guarantee to be able to provide ALL of the tech services that you request.
Inclusions and Exclusions:
2.3.1. All inclusions and deliverables for your project are strictly limited to the specific items outlined in your signed Service Agreement/Tax Invoice. Only those items expressly listed are included in your service package.
2.3.2. Unless explicitly stated as an itemised inclusion in your signed contract, the following are not included
in your service or project scope:
- Access to or discounts for Tekmatix software subscriptions (Standard, Pro, or otherwise).
- Extended free trials of the Tekmatix platform or any third-party platforms.
- Licences, access, or subscriptions to any other third-party tools, software, plug-ins, or resources (e.g., Zoom, Stripe, Video Editing Tools, WordPress plugins, design software, etc.).
- Any associated fees or costs related to third-party services or platforms not directly owned or operated by Tekmatix, MainTraining Pty Ltd or Sarah Cordiner.
2.3.3. Tekmatix is a standalone platform with its own pricing structure and subscription requirements. Access to Tekmatix is not automatically included in any done-for-you service or course creation package, unless specifically detailed and itemised in your signed agreement.
2.3.4. Maintenance, hosting, ongoing support, software updates, consumables (such as phone numbers, email sending, SMS sending, AI useage etc), or post-project management are not included unless they have been purchased as a separate ongoing service package.
2.3.5. We take no responsibility for costs, issues, or limitations associated with any platforms, tools, or systems outside of the exact deliverables agreed upon in your signed contract. You are responsible for maintaining all third-party accounts, fees, and integrations unless specifically managed by us under an additional paid service agreement.
2.3.6. Consulting time with Sarah Cordiner is limited to the duration of the session purchased or the exact amount of time stated in the Service Agreement.
Additional time with Sarah Cordiner (including 'prep time' if you require her to read or review content, materials, videos or documentation prior to meetings), or extra consulting time, must be purchased ina dditon at Sarh's minimum hourly rate of $600 AUD per hour.
2.3.7. Project Management calls, services or support are limited to the number of hours explicitly stated in ther Service Agreement. Any extra time on calls or work with our Project Manager, will be an additonal charge of $150 AUD per hour.
3. PROJECT COMPLETION & TIMELINES
3.1. Project timeframes are estimates and may vary based on requirements, feedback timeframes, and client responsiveness.
3.2. The project will be deemed complete once all agreed services have been delivered (or up to a maximum of 90 days if the client has not provided adequeate information or resources required to complete the project in this time); and the revision period has ended (see Section 4).
3.3. Content Upload or content, information and access provision:
If your service includes content uploading, access to other sites, information and content that you need to provide us with in order to proceed - you must submit your content, information and/or provide the required access to us within 60 days of project commencement.
If the required information has not been supplied by you to enable us to complete your work after 60 days of the project commencing, your project will be marked as closed and completed, and the cancellation policy will apply (see below).
Once a project has been marked as closed, completed or cancelled, additional services are to be purchased at a minimum of $150 AUD per hour, or the updated rate per service deliverable requested which will be re-quoted at the new rates.
3.3.1 If your service includes content uploading, copy from you, information from you, approvals from you - you have 90 days from project commencement to submit your content to us, provide any information that we need to complete the project and provide it in full without making chnages to it. Failure to provide content within this timeframe means we will not upload it or use it, and we will close the project as complete, unless additional services or time are purchased.
3.4. Post-Completion Support:
Services do not include any ongoing maintenance, revisions or support unless separately purchased as a maintenance package, hourly services or a new project task.
4. REVISION POLICY
4.1. Each project is delivered in three stages: beginning, middle, and completion, and this is to match the minimum milestone payments (25% upfront, 65% at mid point, 10% before handover).
4.2. Clients are entitled to ONE revision per stage of delivery. A revison request is defined as tweaks, edits and adjutments.
4.3. Clients have 7 days from the date of each draft’s delivery to submit a single revision request in ONE email. Only one revision request may be sent at each round and it must come in one single email - not multiple emails.
4.4. Additional revisions beyond the first free revision per stage will be charged at $150 AUD per hour.
4.5. Late revision requests (submitted after 7 days) will also be charged at $150 AUD per hour.
4.6. All revision requests must be submitted in a single email per revision cycle. Multiple emails for the same revision cycle will not be accepted AND/OR WILL BE CHARGED at $150 AUD per extra revision request email received within the 7 day revision period.
5. PAYMENT TERMS
5.1. The client agrees to pay all fees as outlined in their Service Agreement/Tax Invoice.
5.2. Payment must be made:
(a) In full before commencement; or as per our MINIMUM project milestone payments (25% upfront, 65% at mid point, 10% before handover).
(b) Via an agreed payment plan (subject to written approval); or
(c) Through an external finance provider that covers the full cost upfront.
5.3. If payment is not received by the due date, we reserve the right to pause services, including your Tekmatix account subscription, until payment is made, or delete and remove work that has not been paid within 30 days of the milestone being met.
5.4. Overdue invoices will incur 8% per annum interest and may be referred to a debt collection agency at the client’s expense, and in such time we reserve the right to delete work, data and close all access to your services.
6. REFUNDS & PROJECT CANCELLATIONS
6.1. The client may cancel their project at any time; however, a 25% cancellation fee of the total project value will be charged to cover administrative costs, plus the costs for any work completed or in progress.
6.2. No refunds will be issued for work already completed. Staff time is tracked via time-tracking software and is billable even if the work is incomplete at the time of cancellation.
6.3. If a client cancels a project after commencement, they are responsible for any additional fees related to work already completed beyond the 25% cancellation fee.
6.4. If no fees have been paid at the time of cancellation, the client agrees to pay for all work completed up to that point.
6.5. No refunds will be issued for change-of-mind cancellations.
6.6. Consulting, Tech VA Services, Zoom Calls, Hire a Tekspert Calls, Tekspert Paid Calls:
●These services are time-based, and payment covers the consultant/Tekspert/staffing time, not specific outcomes or task completions.
●Cancellations within 24 hours of the appointment will result in a 50% forfeiture of the session fee.
●If rescheduling within 24 hours, the new session will be subject to consultant availability.
●No refunds or credits are available for no-shows or same-day cancellations.
7. ADDITIONAL SERVICES & SCOPE ADJUSTMENTS
7.1. If a client requests additional work beyond the original Proposal/Tax Invoice, the following will apply:
●Additional services will first be agreed upon in writing via email or a formal contract variation.
●A variation estimate/invoice will be provided detailing the cost and deliverables of the additional work.
●The client must accept or decline the variation before work proceeds
●If accepted, the additional scope of work will be formally documented in an addendum to the existing contract.
8. LIMITATION OF LIABILITY
8.1. Tekmatix is not liable for:
● Delays caused by client inaction, third-party platforms, or unforeseen events.
● Issues resulting from third-party software or hosting providers.
● Loss of revenue, business opportunities, or indirect damages.
● Errors caused by client modifications post-completion.
8.2. If errors are found post-completion due to our work, we will correct them within 7 days at no cost (if reported within the revision period). After this period, corrections will be billed at our hourly rate.
9. GOVERNING LAW
9.1. This Agreement is governed by the laws of Queensland, Australia.
9.2. Any legal action must be filed in Queensland courts.
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