← Back to Website

Terms of Service

Effective Date: September 22, 2025

Last Updated: September 22, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and DigiScalability ("we," "us," or "our"), an Australian digital agency providing web development, app development, and growth marketing services. By accessing or using our website (digiscalability.com) or engaging our services, you agree to be bound by these Terms.

2. About DigiScalability

DigiScalability is a digital transformation agency based in Sydney, NSW, Australia. We specialize in performance-focused web design, app development, and growth marketing services for businesses seeking to scale their digital presence.

3. Services Offered

DigiScalability provides the following core services:

3.1 Web Development Services

3.2 App Development Services

3.3 Growth Marketing Services

3.4 Additional Services

4. Service Terms and Conditions

4.1 Project Scope and Deliverables

All projects begin with a detailed Statement of Work (SOW) that outlines specific deliverables, timelines, and payment terms. The SOW forms part of these Terms and takes precedence for project-specific details.

4.2 Timeline and Delivery

4.3 Revisions and Changes

4.4 Performance Guarantees

We guarantee the following performance standards:

5. Payment Terms

5.1 Payment Structure

5.2 Accepted Payment Methods

5.3 Late Payments

Payments not received within 30 days of invoice date will incur a 1.5% monthly service charge. We reserve the right to suspend services for accounts over 60 days past due.

5.4 GST and Taxes

All prices include Australian GST where applicable. International clients may be subject to their local tax obligations.

6. Intellectual Property Rights

6.1 Client Content and Materials

Clients retain ownership of all content, logos, trademarks, and materials provided to DigiScalability. Clients grant us a non-exclusive license to use these materials solely for the purpose of delivering contracted services.

6.2 DigiScalability Deliverables

Upon full payment, clients receive full ownership and source code for custom-developed websites and applications. This includes all design files, source code, and documentation.

6.3 Third-Party Components

Some deliverables may include third-party components, plugins, or libraries subject to their respective licenses. We will clearly identify any such components and their licensing requirements.

6.4 Portfolio and Case Studies

Unless specifically agreed otherwise, DigiScalability reserves the right to showcase completed work in our portfolio, case studies, and marketing materials. We will always seek client approval before publishing detailed case studies.

7. Confidentiality and Non-Disclosure

We treat all client information as confidential and will not disclose proprietary information to third parties without written consent. This includes business strategies, technical specifications, user data, and any other sensitive information shared during the course of our engagement.

8. Data Protection and Privacy

Our handling of personal data is governed by our Privacy Policy, which complies with Australian Privacy Principles (APP) and GDPR requirements for international clients. We implement appropriate security measures to protect client and user data.

9. Service Level Agreements

9.1 Response Times

9.2 Maintenance and Support

10. Limitations of Liability

10.1 Service Limitations

While we strive for excellence, DigiScalability cannot guarantee specific business outcomes such as increased sales, improved search rankings, or user engagement metrics. Our services are provided on a best-efforts basis using industry-standard practices.

10.2 Liability Cap

DigiScalability's total liability for any claims arising from our services shall not exceed the total amount paid by the client for the specific services giving rise to the claim.

10.3 Consequential Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

11. Force Majeure

DigiScalability shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, government actions, internet outages, or third-party service failures.

12. Termination

12.1 Client Termination

Clients may terminate services with 30 days written notice. For monthly services, notice must be provided before the next billing cycle. Completed work and expenses incurred up to the termination date remain payable.

12.2 DigiScalability Termination

We reserve the right to terminate services immediately if clients breach these Terms, fail to make timely payments, or engage in abusive behavior toward our team members.

12.3 Post-Termination

Upon termination, clients will receive all completed deliverables and source materials for which payment has been received. Confidentiality obligations survive termination.

13. Acceptable Use Policy

Clients agree not to use our services for:

14. Dispute Resolution

14.1 Good Faith Resolution

Both parties agree to attempt good faith resolution of any disputes through direct negotiation before pursuing formal legal action.

14.2 Mediation

If direct negotiation fails, disputes shall be submitted to mediation through a mutually agreed mediator in Sydney, NSW.

14.3 Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any legal proceedings shall be conducted in the appropriate courts of NSW.

15. Website Terms of Use

15.1 Website Access

Our website is provided for informational purposes and to facilitate service inquiries. Users must be at least 18 years old or have parental consent to use our website.

15.2 User Content

Any content submitted through contact forms, newsletter signups, or other interactions must be accurate and not violate any third-party rights. We reserve the right to remove inappropriate content.

15.3 Analytics and Cookies

Our website uses cookies and analytics tools to improve user experience. See our Privacy Policy and Cookie Policy for detailed information about data collection and use.

16. Changes to Terms

DigiScalability reserves the right to update these Terms at any time. Significant changes will be communicated via email to active clients. Continued use of our services after changes constitutes acceptance of the updated Terms.

17. Entire Agreement

These Terms, together with any applicable Statement of Work, Privacy Policy, and other referenced policies, constitute the entire agreement between DigiScalability and the client regarding the subject matter herein.

18. Contact Information

For questions about these Terms of Service, please contact us:

19. Acknowledgment

By using DigiScalability's services or website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree with any provision of these Terms, please discontinue use of our services immediately.

DigiScalability Terms of Service
Last Updated: September 22, 2025 | Effective: September 22, 2025
For support: admin@digiscalability.com | Phone: +61 4 8321 0312