1. Introduction
Welcome to Tekyminds.
These Terms of Service govern your use of the Tekyminds website, digital content, enquiry forms, communications, and any services provided by Tekyminds, unless a separate written agreement, proposal, quotation, statement of work, or master services agreement applies.
By accessing our website, submitting an enquiry, requesting a proposal, or engaging our services, you agree to these Terms of Service.
If you do not agree with these terms, you should not use our website or services.
2. About Tekyminds
Tekyminds provides technology consulting, digital transformation, ERP advisory, implementation, optimisation, integration, cloud, data, managed services, and related business technology services.
Our services may include support for Microsoft Dynamics 365, Business Central, Finance & Operations, Power Platform, Power BI, Azure, system integrations, automation, security, AI transformation, web development, and other technology solutions.
3. Use of Our Website
You may use our website for lawful business and informational purposes only.
You agree not to:
* Use the website in a way that breaches any applicable law or regulation
* Attempt to gain unauthorised access to our systems, servers, forms, or data
* Upload or transmit viruses, malware, spam, or harmful code
* Copy, reproduce, or misuse website content without permission
* Interfere with the security, availability, or performance of the website
* Use the website to submit false, misleading, offensive, or unlawful information
We may restrict, suspend, or block access to the website if we reasonably believe these terms have been breached.
4. Website Information
The information on our website is provided for general business and informational purposes only.
While we aim to keep information accurate and up to date, we do not guarantee that all website content is complete, current, error-free, or suitable for your specific business requirements.
Any information on our website should not be treated as professional, legal, accounting, tax, financial, or regulatory advice. You should seek independent professional advice where required.
5. Service Engagements
Any paid services provided by Tekyminds will usually be governed by a separate proposal, quotation, statement of work, order form, project agreement, or service agreement.
Where a separate written agreement exists, that agreement will take priority over these Terms of Service to the extent of any inconsistency.
A service engagement may define details such as:
* Scope of work
* Deliverables
* Project phases
* Timeline
* Fees and payment terms
* Client responsibilities
* Assumptions and exclusions
* Change request process
* Support arrangements
* Acceptance criteria
* Confidentiality and data handling requirements
No service engagement is confirmed until Tekyminds has accepted the engagement in writing.
6. Proposals, Quotations, and Pricing
Any proposal, quotation, estimate, or pricing provided by Tekyminds is based on the information available at the time it is prepared.
Unless stated otherwise, proposals and quotations are valid only for the period mentioned in the proposal or quotation.
Pricing may change if:
* The project scope changes
* Client requirements change
* New requirements are identified
* Third-party software, licensing, hosting, or vendor costs change
* Additional work is requested
* Assumptions made during estimation are found to be incorrect
* There are delays caused by missing information, approvals, access, or dependencies
Any additional work outside the agreed scope may require a separate quotation, change request, or written approval.
7. Client Responsibilities
To allow Tekyminds to deliver services effectively, the client agrees to provide:
* Accurate and complete business requirements
* Timely access to systems, users, documents, data, and environments
* Required approvals, decisions, and feedback within reasonable timelines
* Appropriate internal stakeholders for discussions, testing, and sign-off
* Valid software licences, subscriptions, credentials, and permissions where required
* Clean and usable data where data migration, reporting, or integration services are involved
* Cooperation from third-party vendors, where applicable
Tekyminds is not responsible for delays, additional costs, or delivery issues caused by incomplete information, delayed approvals, unavailable systems, third-party dependencies, or client-side resource constraints.
8. Third-Party Platforms and Services
Tekyminds may provide services involving third-party platforms, products, tools, software, cloud services, hosting providers, APIs, plugins, payment gateways, analytics tools, or vendor systems.
These may include Microsoft products, cloud platforms, ERP systems, CRM systems, analytics tools, security tools, hosting services, and other third-party technologies.
The use of third-party platforms may be subject to separate licence terms, subscription fees, privacy policies, service limits, uptime commitments, and vendor conditions.
Tekyminds is not responsible for failures, outages, pricing changes, feature changes, limitations, data loss, service interruptions, or security incidents caused by third-party providers.
9. Software Licensing
Unless expressly stated in writing, software licences, subscriptions, hosting, cloud usage charges, third-party tools, domain names, SSL certificates, APIs, plugins, and vendor fees are not included in Tekyminds’ service fees.
The client is responsible for purchasing, maintaining, renewing, and complying with all required software licences and subscriptions.
Tekyminds may assist with advisory, configuration, implementation, or coordination, but final responsibility for licence ownership and compliance remains with the client.
10. Project Timelines
Tekyminds will make reasonable efforts to meet agreed timelines.
However, timelines may be affected by:
* Changes in scope
* Delayed client feedback or approvals
* Delayed access to systems or environments
* Data quality issues
* Third-party platform issues
* Vendor delays
* Technical dependencies
* Resource availability
* Unforeseen complexity
Any timeline provided is an estimate unless expressly stated as a fixed commitment in writing.
11. Change Requests
Any request that falls outside the agreed scope may be treated as a change request.
Change requests may affect cost, timeline, deliverables, resources, support commitments, and project milestones.
Tekyminds may require written approval before proceeding with any additional or changed work.
12. Acceptance of Deliverables
Where applicable, Tekyminds may submit deliverables for review, testing, approval, or sign-off.
The client is responsible for reviewing deliverables within the agreed review period.
If no issues are reported within the agreed review period, or if the client begins using the deliverables in a live or business environment, the deliverables may be treated as accepted unless otherwise agreed in writing.
13. Payments and Invoicing
Payment terms will be defined in the applicable proposal, quotation, invoice, statement of work, or agreement.
Unless otherwise agreed in writing:
* Fees must be paid by the due date stated on the invoice
* Payments must be made in the currency specified in the invoice
* Late payments may result in delayed delivery, suspension of services, or withholding of deliverables
* Any bank charges, transaction fees, taxes, or transfer costs are the responsibility of the client
* Fees paid for completed work are non-refundable unless required by law or agreed in writing
Tekyminds may suspend services if invoices remain unpaid beyond the agreed payment terms.
14. Taxes
Unless stated otherwise, prices may exclude applicable taxes, GST, duties, levies, or government charges.
The client is responsible for paying any applicable taxes or charges related to the services, unless otherwise required by law.
15. Confidentiality
Both parties may receive confidential information during discussions, proposals, projects, support activities, or service delivery.
Confidential information may include business processes, technical information, pricing, credentials, system architecture, client data, project documents, financial information, trade secrets, and other non-public information.
Each party agrees to:
* Keep confidential information secure
* Use confidential information only for the intended business purpose
* Not disclose confidential information to unauthorised third parties
* Take reasonable steps to prevent misuse, loss, or unauthorised access
Confidentiality obligations do not apply to information that is publicly available, already known lawfully, independently developed, or required to be disclosed by law.
16. Data and Privacy
Tekyminds may collect and handle personal information in accordance with its Privacy Policy.
Where Tekyminds processes client data as part of a service engagement, both parties will take reasonable steps to protect such data from unauthorised access, misuse, loss, or disclosure.
The client is responsible for ensuring that any personal information, business data, or third-party data provided to Tekyminds has been collected and shared lawfully.
Tekyminds is not responsible for data quality, accuracy, legality, ownership, or completeness of information supplied by the client.
17. System Access and Credentials
Where system access is required, the client is responsible for providing authorised access through secure and appropriate methods.
The client should avoid sharing personal passwords where possible and should use approved access methods such as user accounts, administrator roles, secure password managers, or temporary access credentials.
Tekyminds will take reasonable care when using client-provided access but is not responsible for issues caused by incorrect access, insufficient permissions, expired credentials, or unauthorised third-party access outside Tekyminds’ control.
18. Backups and Data Protection
Unless expressly included in the agreed scope, Tekyminds is not responsible for maintaining backups of client systems, websites, databases, applications, or business data.
The client is responsible for maintaining appropriate backups, recovery processes, disaster recovery plans, and internal data protection procedures.
Before any major configuration, migration, integration, deployment, or technical change, the client should ensure that appropriate backups are available.
19. Intellectual Property
All intellectual property owned by either party before the engagement remains the property of that party.
Unless otherwise agreed in writing:
* Tekyminds retains ownership of its pre-existing methods, frameworks, templates, tools, know-how, processes, documentation structures, reusable components, and internal intellectual property
* The client retains ownership of client-provided data, content, logos, trademarks, business information, and materials
* Upon full payment, the client receives the agreed rights to use final deliverables created specifically for the client as part of the agreed scope
Tekyminds may reuse general knowledge, skills, ideas, processes, and experience gained during service delivery, provided this does not disclose the client’s confidential information.
20. Client Materials
The client grants Tekyminds a limited right to use client-provided materials, content, data, branding, documents, logos, and system information solely for the purpose of delivering the agreed services.
The client confirms that it has the necessary rights, permissions, and licences to provide such materials to Tekyminds.
Tekyminds is not responsible for claims arising from client-provided materials that infringe third-party rights.
21. Portfolio and Case Studies
Unless the client requests otherwise in writing, Tekyminds may refer to the client’s business name, logo, industry, and general project description in its portfolio, credentials, proposals, or marketing material.
Tekyminds will not publish confidential project details, sensitive business information, system data, financial information, or private implementation details without permission.
22. Managed Services and Support
Where Tekyminds provides managed services, support, maintenance, or optimisation services, the scope and service levels will be defined in a separate agreement, proposal, or support plan.
Unless expressly stated in writing, support services do not include:
* Unlimited support hours
* Support for issues caused by third-party platforms
* Support for unauthorised changes made by the client or another vendor
* New feature development
* Major upgrades or migrations
* Data correction or cleansing
* Customisation outside the agreed scope
* Emergency support outside agreed support hours
23. Security
Tekyminds takes reasonable steps to deliver services securely and professionally.
However, no system, website, cloud platform, integration, or technology environment can be guaranteed to be completely secure or uninterrupted.
The client is responsible for maintaining appropriate internal security controls, access policies, endpoint protection, user permissions, staff training, and governance procedures.
24. AI, Automation, and Advisory Outputs
Where Tekyminds provides AI, automation, analytics, advisory, or recommendation-based services, outputs should be reviewed by the client before business use.
The client is responsible for validating outputs, decisions, reports, workflows, automations, and recommendations before relying on them for operational, financial, legal, compliance, or strategic purposes.
Tekyminds does not guarantee that AI-generated, automated, or analytical outputs will always be complete, accurate, suitable, or error-free.
25. No Guarantee of Business Results
Tekyminds will provide services with reasonable care and skill.
However, unless expressly agreed in writing, Tekyminds does not guarantee specific business outcomes, revenue growth, cost savings, system performance improvements, search rankings, conversion rates, productivity gains, or financial results.
Business outcomes may depend on many factors outside Tekyminds’ control, including client execution, market conditions, internal processes, user adoption, third-party platforms, data quality, and management decisions.
26. Australian Consumer Law
Nothing in these Terms of Service excludes, restricts, or modifies any rights, remedies, guarantees, warranties, or protections that cannot be excluded under the Australian Consumer Law or any other applicable law.
Where services are supplied to a consumer under the Australian Consumer Law, those services come with guarantees that cannot be excluded, including that the services will be provided with due care and skill, will be fit for a disclosed purpose, and will be supplied within a reasonable time where no time is agreed.
To the maximum extent permitted by law, Tekyminds’ liability for breach of a non-excludable guarantee may be limited to supplying the services again or paying the cost of having the services supplied again.
27. Warranties and Disclaimers
To the maximum extent permitted by law, Tekyminds provides the website and website content on an “as is” and “as available” basis.
Tekyminds does not warrant that:
* The website will always be available, secure, or error-free
* Website content will always be complete, current, or accurate
* Third-party platforms will operate without interruption
* Services will meet requirements that were not clearly disclosed or agreed in writing
* Any specific business, financial, technical, or operational result will be achieved
This section does not limit any rights that cannot be excluded under applicable law.
28. Limitation of Liability
To the maximum extent permitted by law, Tekyminds will not be liable for indirect, incidental, special, consequential, or economic loss, including loss of profit, revenue, business opportunity, goodwill, data, anticipated savings, or business interruption.
To the maximum extent permitted by law, Tekyminds’ total liability in connection with any service engagement will be limited to the amount paid by the client to Tekyminds for the relevant services giving rise to the claim.
This limitation does not apply where liability cannot be limited by law.
29. Indemnity
The client agrees to indemnify Tekyminds against reasonable claims, losses, damages, costs, and expenses arising from:
* Client-provided materials, data, or instructions
* Breach of these Terms of Service by the client
* Unlawful use of Tekyminds’ website or services
* Infringement of third-party rights caused by client materials
* Unauthorised changes made by the client or third parties
* Misuse of systems, deliverables, access credentials, or third-party platforms
30. Suspension or Termination of Services
Tekyminds may suspend or terminate access to services where:
* The client fails to pay invoices on time
* The client breaches these terms or an applicable agreement
* Required access, information, or approvals are not provided
* Continuing the service may create legal, security, operational, or commercial risk
* A third-party platform, vendor, or provider restricts access
* The client uses services unlawfully or inappropriately
Suspension or termination does not affect any rights or obligations that accrued before the suspension or termination date.
31. Force Majeure
Tekyminds will not be liable for delay or failure to perform obligations caused by events beyond its reasonable control.
Such events may include natural disasters, power failures, internet outages, cyber incidents, government restrictions, strikes, pandemics, war, supplier failures, third-party platform outages, or other events outside reasonable control.
32. Links to Third-Party Websites
Our website may include links to third-party websites or platforms.
These links are provided for convenience only. Tekyminds does not control and is not responsible for the content, security, accuracy, availability, or privacy practices of third-party websites.
Use of third-party websites is at your own risk and may be subject to separate terms and policies.
33. Changes to These Terms
Tekyminds may update these Terms of Service from time to time.
The updated version will be published on this page with a revised effective date.
Your continued use of the website or services after changes are published means you accept the updated terms.
34. Governing Law
These Terms of Service are governed by the laws of Victoria, Australia, unless otherwise stated in a separate written agreement.
The parties agree to submit to the courts and tribunals of Victoria, Australia.
If Tekyminds’ registered jurisdiction is different, this section should be updated to reflect the correct state or territory.
35. Contact Us
For questions about these Terms of Service, please contact:
Tekyminds
Email: hello@tekyminds.com.au
Phone: +61(03)70571660