These Terms & Conditions govern the provision of services by FLX (“we”, “our”, “us”) to you (“the Client”, “you”). By accepting a quotation, engaging our services, or using our website, you agree to be bound by these Terms & Conditions.
These Terms & Conditions apply to all services provided by FLX unless otherwise agreed in writing.
By accepting a quotation, proposal, or by engaging FLX to provide services, you acknowledge that you have read, understood, and agreed to these Terms & Conditions.
2. Definitions
Business Day – a day other than Saturday, Sunday, or public holidays in the relevant jurisdiction.
Client – the individual or organisation engaging FLX to provide services.
Loss – includes loss, liability, cost, expense, damage, charge, penalty, or payment.
Price – the fees stated in the accepted quotation or proposal.
Quotation – a written offer issued by FLX outlining the scope, price, and delivery of services.
Services – design, development, consulting, digital, or related services supplied by FLX as described in the quotation or proposal.
3. Fees and Payment
All fees are payable in accordance with the accepted quotation.
Unless otherwise stated, prices are exclusive of taxes, duties, or third-party costs.
FLX may require a deposit prior to commencement of services.
Final payment is due upon delivery or completion of the services, unless otherwise agreed in writing.
Late payments may result in suspension of services.
4. Variations and Cancellations
FLX reserves the right to vary the Price where:
the scope of services changes;
additional work is requested;
unforeseen technical or operational requirements arise.
Any variation will be communicated and agreed upon before work continues.
If the Client cancels a project after commencement, FLX reserves the right to charge for work completed up to the cancellation date.
5. Service Effectiveness
FLX will provide services with reasonable care, skill, and professionalism.
Outcomes may depend on factors outside FLX’s control, including third-party platforms, hosting providers, or client-supplied materials.
FLX does not guarantee specific business, financial, or performance outcomes unless expressly stated in writing.
6. Warranty Conditions
FLX warrants that services will be delivered in accordance with the agreed scope.
Any defects or issues must be reported within a reasonable timeframe after delivery.
This warranty does not apply where issues arise due to:
misuse or modification by the Client or third parties;
failure to follow provided recommendations or instructions.
7. Advice and Recommendations
FLX may provide advice, recommendations, or documentation as part of the services.
The Client is responsible for deciding whether to implement such advice.
FLX is not responsible for outcomes resulting from the Client’s failure to follow recommendations.
8. Access and Cooperation
The Client must provide timely access to required systems, content, and information necessary for FLX to deliver the services.
Delays caused by lack of access or information may affect timelines and delivery.
9. Client Responsibilities
The Client warrants that all materials, content, and instructions provided do not infringe third-party rights.
The Client is responsible for reviewing and approving deliverables within agreed timeframes.
FLX is not liable for delays caused by delayed approvals or feedback.
10. Confidentiality
FLX will treat all Client information as confidential unless disclosure is required by law.
Confidential information will not be shared with third parties without consent, except as required to deliver the services.
11. Intellectual Property
Unless otherwise agreed, all intellectual property remains the property of FLX until full payment is received.
Upon full payment, ownership or usage rights will transfer to the Client as specified in the quotation or agreement.
FLX reserves the right to showcase completed work for portfolio and promotional purposes unless otherwise agreed.
12. Disclaimer
To the maximum extent permitted by law, FLX is not liable for indirect, incidental, or consequential losses.
FLX’s total liability is limited to the amount paid by the Client for the relevant services.
These Terms & Conditions and the accepted quotation constitute the entire agreement between the parties and supersede all prior communications.
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