These terms govern your use of the Voltari Digital website and any engagement you enter into with Voltari Digital Pty Ltd (Voltari Digital, we, us, our). By engaging us or by using this site you agree to these terms.
1. Engagements
Project engagements are governed by a separate signed proposal or Statement of Work (SOW) that incorporates these terms by reference. The signed proposal controls scope, deliverables, timeline and price. These terms control everything not specified in the proposal.
2. Payment
Standard payment schedule for fixed-scope engagements is thirty percent on contract signing, forty percent on staging delivery, thirty percent on production launch. Invoices are issued in Australian dollars (AUD), are exclusive of GST, and are payable within fourteen days of issue. Late payments accrue interest at the RBA cash rate plus two percent, calculated daily.
3. Money-back clause
For Voltari Pilot and Voltari Operator engagements, if Voltari Digital misses the agreed launch date by more than two weeks for any reason that is not your delay (content, approvals, or scope changes you requested), you are entitled to a refund schedule that scales with the duration of delay. The specific schedule is written into the signed proposal. Fractional CTO engagements are advisory and do not carry a money-back clause.
4. Intellectual property
On full payment of all fees due under the engagement, the client owns the deliverables (custom code, designs, content) produced specifically for the engagement. Voltari Digital retains ownership of pre-existing intellectual property, internal tools, processes, and any general-purpose components developed independently of the engagement. We may use anonymised case-study references for marketing unless you explicitly opt out in the proposal.
5. Third-party services
Engagements typically include configuration and integration of third-party services (hosting, payments, email, analytics). You are responsible for the costs of those third-party services and for accepting their terms of service. We will identify all third-party services in the proposal before contract signing.
6. Warranties
We warrant that work will be performed with the care and skill expected of a senior software engineer. We warrant that delivered code will pass a standard smoke test on a fresh production deployment. We do not warrant that the software will be free of all defects, or that it will meet all of your specific business outcomes, beyond what is explicitly written in the proposal.
7. Liability
To the extent permitted by Australian law, our total liability for any claim arising from an engagement is capped at the total fees paid by you under that engagement in the twelve months preceding the claim. We are not liable for indirect, consequential, or special damages, including loss of profit, loss of revenue, or business interruption. Nothing in these terms limits liability that cannot be limited under the Australian Consumer Law.
8. Termination
Either party may terminate an engagement on thirty days written notice. On termination, the client pays for work completed up to the termination date. If termination is caused by our material breach, the client is entitled to a refund of any prepaid fees for unperformed work.
9. Confidentiality
Each party agrees to keep confidential any non-public information shared during the engagement. This obligation survives termination for three years. Standard carve-outs apply: information that is or becomes public, was already known, independently developed, or lawfully required to be disclosed.
10. Governing law
These terms and any engagement are governed by the laws of Victoria, Australia. Any dispute will be resolved in the courts of Victoria. Both parties agree to attempt good-faith negotiation before commencing legal proceedings.
11. Updates to these terms
We may update these terms from time to time. Updates apply only to engagements commenced after the update date. Existing engagements remain governed by the terms in force at the date of contract signing.
Contact
Questions about these terms: legal@voltaridigital.com.