Terms of service

1. These terms

These terms apply to all services I provide unless we have signed a separate written agreement, in which case that agreement takes precedence over anything written here. Engaging me — by accepting a quote, paying a deposit, or asking me to begin work — means you accept these terms.

In these terms, "I" and "me" mean Bishal Dhakal, and "you" means the client.

2. Quotes and scope

Work is quoted in writing against a written scope before it begins. A quote is valid for 30 days from the date of issue and is based on the scope as described to me at the time.

If the work required turns out to be materially different from what was scoped, I will tell you before continuing and quote the difference separately. I will not perform out-of-scope work and invoice you for it afterwards without your agreement.

3. Your responsibilities

You agree to provide, in reasonable time:

• the information, content, access and approvals the work depends on;
• a single point of contact authorised to make decisions;
• access to any third-party systems, accounts or hardware the work requires; and
• timely feedback at agreed review points.

Where delays on your side hold up the work, agreed timelines move accordingly. I will tell you when that happens rather than letting a deadline pass quietly.

4. Fees and payment

Fees are as set out in the accepted quote and are in Australian dollars. This business is not registered for GST; no GST is charged and invoices are issued without a GST component.

Invoices are payable 14 days from issue. Fixed-scope projects require a 50% deposit before work begins. Monthly retainers are invoiced in advance; hourly work is invoiced monthly in arrears. Full payment terms, accepted methods and late-payment consequences are on the payments page and form part of these terms.

5. Intellectual property

Ownership of what I build is set out in the quote or written agreement for each engagement, because it differs between engagement types and materially affects price.

• Fixed-scope development work — unless the agreement says otherwise, ownership of the delivered work transfers to you on full payment of all invoices for that engagement.
• Licensed and managed services — where I develop a system at reduced or no upfront cost and you pay an ongoing fee to operate it, I retain ownership of the software and you hold a non-exclusive licence to use it for the duration of the agreement. This will always be stated explicitly in the quote.

In both cases I retain ownership of pre-existing tools, libraries and general know-how, and may reuse them. You retain ownership of all content, data and materials you supply to me.

6. Confidentiality

I treat your business information, data and systems as confidential and will not disclose them to third parties except where required by law or where disclosure is necessary to perform the work and you have agreed to it. I may describe the general nature of the work publicly only with your permission.

7. Warranty and defects

I warrant that the work will be performed with due care and skill. Defects in delivered work reported within 30 days of delivery are corrected at no charge, where the defect is in what I built rather than in a change of requirements, a third-party service, or modifications made by someone else.

8. Third-party services

Work frequently depends on third-party services and hardware — hosting providers, payment processors, device manufacturers and similar. I am not responsible for their availability, pricing changes or failures, though I will act reasonably to work around problems they cause.

9. Liability

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded.

Subject to that, my total liability arising out of or in connection with an engagement is limited to the fees you have paid me for that engagement, and I am not liable for indirect or consequential loss, loss of profits, loss of revenue, or loss of or damage to data.

10. Termination

Either of us may end an ongoing retainer by giving 30 days written notice. Either of us may end an engagement immediately if the other materially breaches these terms and does not remedy the breach within 14 days of written notice.

On termination, you pay for work performed up to the termination date. Cancellation and refund consequences are set out on the refunds and cancellations page.

11. Governing law

These terms are governed by the laws of Victoria, Australia, and we each submit to the non-exclusive jurisdiction of the courts of that State.

12. Contact

Bishal Dhakal · ABN 24 235 586 370
16 Edward Road, Chirnside Park VIC 3116, Australia
bishal@bishaldhakal.com · +61 450 096 086