Terms of Service

These Terms of Service (Terms) set out the basis on which KNYX Pty Ltd (ABN 93 702 128 854) provides modern business services and solutions to our clients. Please read them carefully. They work alongside our Privacy Policy and any quote, proposal or statement of work we issue to you.

1. Agreement to these Terms

These Terms form a binding agreement between you and KNYX Pty Ltd (“KNYX”, “we”, “us” or “our”). They apply whenever you:

• engage us to provide business services or solutions;
• accept a quote, proposal or statement of work issued by us; or
• access or use our website at https://knyx.site.

By doing any of the above, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree, you must not engage our services or use this website.

If you engage us on behalf of a company, partnership or other organisation, you confirm that you are properly authorised to bind that entity to these Terms.

Some engagements may be governed by a separate signed proposal, statement of work or service agreement. Where a signed document conflicts with these Terms, the signed document prevails to the extent of the inconsistency.

2. About KNYX

KNYX Pty Ltd is an Australian proprietary company based in Perth, Western Australia, providing modern business services and solutions to businesses across Western Australia and Australia-wide. Our Australian Business Number is 93 702 128 854 and our website is https://knyx.site.

3. Our Services

We provide a range of business services and solutions, which may include business advisory and administration support, process and workflow improvement, digital and operational solutions, and related professional services.

The particular services we will provide to you, together with any deliverables, timelines, assumptions and exclusions, will be set out in your quote, proposal or statement of work (the Scope).

We will provide the services with reasonable care and skill and in accordance with the agreed Scope. If anything in the Scope is unclear, please raise it with us before work begins — we are always happy to clarify.

4. Quotes and Engagements

• We prepare quotes and proposals free of charge. Unless a quote states otherwise, it remains valid for 30 days from the date it is issued.
• A quote is an invitation to engage us, not a binding offer. An engagement is formed when we confirm your acceptance in writing (including by email), or when we commence work at your request, whichever happens first.
• Any change to the Scope must be agreed in writing (email is sufficient) as a variation. Variations may affect fees, deliverables and timing.

5. Fees, Invoicing and Payment

• All fees are stated in Australian dollars (AUD) and include GST unless the quote or invoice states otherwise.
• Unless your quote states otherwise, we invoice in accordance with the milestones set out in the Scope, and invoices are payable within 14 days of the invoice date.
• If you dispute part of an invoice, please notify us within 7 days of receiving it, setting out the reason. You must pay any undisputed portion by the due date while we work to resolve the dispute promptly and in good faith.
• If an invoice is overdue, we may pause work until the outstanding amount is paid, and we may charge interest on overdue amounts at 2% per annum above the Reserve Bank of Australia cash rate, calculated daily. You may also be responsible for our reasonable costs of recovering overdue amounts.

6. Changes and Cancellations

• You may reschedule or cancel a scheduled engagement with at least 48 hours’ notice. If less notice is given, or work has already been performed, we may charge for time committed or work performed up to the cancellation.
• Cancelling an engagement does not remove your obligation to pay for services performed, and expenses incurred, up to the date of cancellation.
• If we cancel an engagement other than for your breach, we will refund, on a pro-rata basis, any fees you have prepaid for work we have not performed.

7. Your Responsibilities

To help us deliver the services, you agree to:

• provide accurate, complete and timely information and feedback;
• provide reasonable access to the people, systems and materials we need to perform the services;
• obtain any internal approvals or decisions required to keep the engagement moving;
• ensure that you own, or hold a valid licence to use, any materials, data or content you provide to us; and
• comply with all applicable laws in connection with the engagement.

We are not responsible for delays or additional costs caused by circumstances within your control, including late provision of information or approvals.

8. Deliverables and Intellectual Property

• On full payment of the relevant fees, you own (or, where the Scope states, receive a perpetual, royalty-free licence to use) the final deliverables we create for you under the Scope.
• We retain all rights in our pre-existing materials, including our tools, templates, frameworks, methodologies and know-how. Where these are embedded in your deliverables, we grant you a perpetual, royalty-free licence to use them as part of those deliverables for your normal business purposes.
• Third-party software, fonts, images, data or licences included in deliverables remain subject to the relevant third party’s terms.
• You retain all rights in the materials you provide to us, and grant us a limited licence to use those materials solely to provide the services to you.

9. Confidentiality

Each party must keep the other party’s confidential information confidential, use it only for the purposes of the engagement, and protect it with reasonable care. This obligation does not apply to information that is or becomes public through no breach of these Terms, is required to be disclosed by law or a competent authority, or was already lawfully known to the receiving party without an obligation of confidence.

These confidentiality obligations continue during the engagement and after it ends.

10. Third-Party Products and Services

We may recommend, procure or work with third-party software, platforms and service providers (for example, cloud, hosting, email or subscription services) as part of delivering the services. Those products and services are supplied under the third party’s own terms, and in some cases fees may be payable by you directly to the third party.

We take care to recommend suitable options, but we are not responsible for third-party products or services. Where issues arise, we will assist you reasonably in resolving them with the provider.

11. Warranties and the Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any rights you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable Australian law that cannot lawfully be excluded.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law, including that the services will be provided with due care and skill, will be reasonably fit for any purpose you made known to us, and will be supplied within a reasonable time. You may be entitled to a remedy — such as the re-supply of the services or a refund — if the services do not meet those guarantees.

Subject to the above, and to the maximum extent permitted by law, we exclude all other warranties, conditions and representations in relation to the services, whether express or implied.

12. Limitation of Liability

To the maximum extent permitted by law:

• we are not liable to you for indirect, incidental, special or consequential loss, or for loss of profit, revenue, goodwill or data, however caused;
• our total aggregate liability arising out of or in connection with an engagement is limited to the fees you actually paid to us for the services giving rise to the claim during the three (3) months immediately before the claim arose; and
• where the Australian Consumer Law permits liability to be limited for a failure to comply with a consumer guarantee, our liability may be limited (as permitted by that law) to the re-supply of the services or the cost of re-supplying them.

Nothing in this clause limits or excludes liability that cannot lawfully be limited or excluded.

13. Privacy

We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). Our Privacy Policy explains what information we collect, how we use and protect it, and how you can request access to or correction of your personal information.

14. Suspension and Termination

Either party may end an engagement:

• by giving 14 days’ written notice to the other party;
• immediately, if the other party materially breaches these Terms and fails to remedy the breach within 7 days of written notice; or
• immediately, if the other party becomes insolvent, or enters into administration, liquidation or any similar arrangement with its creditors.

On termination or expiry of an engagement, you must pay for all services performed and expenses incurred up to the date of termination, and we will deliver or make available to you any work you have paid for. Clauses that are intended to survive termination — including intellectual property, confidentiality, limitation of liability and governing law — continue to apply.

We may also suspend work under an engagement if fees are overdue or if you have not provided information we reasonably need to proceed. We will notify you before doing so where practicable.

15. General Provisions

• Governing law: These Terms are governed by the laws of Western Australia and the laws of the Commonwealth of Australia applicable in Western Australia. You and we submit to the non-exclusive jurisdiction of the courts of Western Australia.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force.
• Entire agreement: These Terms, together with the applicable Scope and our Privacy Policy, form the entire agreement between you and us in relation to the services, and supersede any prior discussions or representations.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to a related entity or in connection with a genuine restructure of our business, with notice to you.
• Notices: Notices under these Terms must be in writing and sent by email — to ceo@knyx.site for notices to us, or to the email address you nominate for notices to you.
• Force majeure: Neither party is liable for delays or failures to perform (other than payment obligations) caused by events beyond that party’s reasonable control, provided the affected party notifies the other and takes reasonable steps to mitigate.
• Waiver: A party’s failure or delay in exercising a right under these Terms is not a waiver of that right, and any waiver must be in writing.

16. Updates to These Terms

We may update these Terms from time to time by publishing the updated version on this page with a new “last updated” date. For significant changes that affect an active engagement, we will also notify you by email. Your continued use of our website, or engagement of our services, after an update takes effect means you accept the updated Terms. If you do not accept an update, please contact us before continuing the affected engagement.

17. Contact Us

If you have any questions about these Terms, or would like a copy in another format, please contact us:

• Email: ceo@knyx.site
• Location: Perth, Western Australia, Australia — serving clients Australia-wide
• ABN: 93 702 128 854

We aim to respond to all enquiries within two business days. For details on how we handle your personal information, see our Privacy Policy.