Terms & Conditions

These Terms & Conditions ("Terms") govern your use of the Phnix Tech website and the provision of services by Phnix Tech, a unit of Edutisement Consultancy Services Pvt Ltd. ("Phnix Tech", "we", "our", or "us").

By accessing our website or engaging us for services, you agree to these Terms.

Where a separate written proposal, quotation, statement of work or service agreement is signed between Phnix Tech and a client, that document will govern the specific project and will take precedence over these general website Terms to the extent of any inconsistency.

1. Our Services

Phnix Tech provides digital services including:

Website design and development
Ecommerce website development
Mobile application development
SEO services
Digital marketing
Google Ads and online advertising
Social media marketing
Website maintenance and support
API and third-party integrations
Related digital technology services

The specific services provided to a client will be set out in the applicable quotation, proposal or service agreement.

2. Quotations and Proposals

All quotations are based on the requirements known to us at the time of preparation.

A quotation may include:

Project scope
Features and functionality
Technology/platform
Estimated timeline
Number of pages
Revisions
Payment terms
Third-party costs
Other project-specific conditions

Unless otherwise stated, a quotation does not include additional functionality or requirements introduced after approval of the scope.

Additional work may be quoted separately.

3. Project Approval

A project will generally commence once the required proposal/agreement has been accepted and the applicable initial payment has been received.

We may delay commencement where required information, approvals, content, access credentials or payments have not been provided.

4. Client Responsibilities

The client is responsible for providing accurate and timely:

Business information
Website content
Images and media
Product information
Branding assets
Login credentials where required
Approvals and feedback
Legal or regulatory information relating to the client's business

Delays in receiving required information or approvals may affect the project timeline.

5. Website Content

Unless specifically included in the quotation, the client is responsible for supplying final website content.

Where Phnix Tech provides content, copywriting, images or other creative material as part of the agreed scope, the applicable quotation or agreement will determine the extent of those deliverables.

6. Design and Revisions

Design concepts and revisions will be provided according to the agreed project scope.

Requests outside the agreed number of revisions or material changes to an approved design may result in additional charges.

7. Third-Party Services

A website or application may require third-party services, including:

Domain registration
Hosting
SSL certificates
Payment gateways
Plugins
APIs
Software subscriptions
Email services
Google services
Advertising platforms
Shopify, WooCommerce or other third-party platforms

Third-party fees are generally separate from our development charges unless expressly included in the quotation.

Third-party services are subject to the relevant provider's own terms and conditions.

8. SEO and Digital Marketing

SEO and digital marketing involve factors outside our direct control, including search-engine algorithms, competitor activity, advertising platforms, market conditions and user behaviour.

Accordingly, we do not guarantee a specific Google ranking, traffic level, lead volume, sales volume or return on investment unless expressly agreed in writing.

9. Intellectual Property

Unless otherwise specified in the project agreement:

Upon receipt of all amounts due for the completed project, the client will receive the agreed rights to use the final website/application deliverables created specifically for the client.

Third-party software, plugins, libraries, stock images, fonts, APIs and other licensed materials remain subject to their respective licences.

Phnix Tech retains ownership of its pre-existing tools, frameworks, reusable code, methodologies, processes and proprietary technology.

10. Client-Supplied Materials

The client represents that it has the necessary rights, licences and permissions to provide content, images, trademarks, documents, software or other materials supplied to Phnix Tech.

The client remains responsible for claims arising from materials supplied by the client where those materials infringe third-party rights.

11. Payments

Payment schedules will be specified in the relevant quotation, invoice or service agreement.

Where a payment becomes overdue, Phnix Tech may suspend work or services until outstanding amounts are resolved, subject to applicable law and the relevant agreement.

12. Website Launch

A website will generally be launched following:

Completion of agreed development
Client review and approval
Completion of agreed revisions
Receipt of applicable outstanding payments
Availability of required domain, hosting and third-party services

13. Warranties and Consumer Rights

Our services are provided subject to applicable Australian Consumer Law and other mandatory legal rights.

Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot legally be excluded.

Australian Consumer Law provides consumer guarantees for services in applicable circumstances.

14. Limitation of Liability

To the extent permitted by law, Phnix Tech will not be responsible for indirect, incidental, special or consequential losses arising from circumstances outside our reasonable control.

Nothing in these Terms excludes liability that cannot legally be excluded, including rights and remedies available under applicable consumer protection legislation.

15. Website Availability

We do not guarantee that our website or third-party services will always be available, uninterrupted or error-free.

Temporary interruptions may occur due to maintenance, hosting issues, technical failures, cyber incidents, third-party outages or circumstances beyond our reasonable control.

16. Website Use

You must not:

Use our website for unlawful purposes
Attempt to gain unauthorised access to systems
Introduce malicious software
Copy or reproduce website content without permission
Interfere with website functionality
Use the website to distribute spam or harmful content

17. Confidentiality

Both parties may receive confidential business, technical or commercial information during a project.

Each party agrees to take reasonable steps to protect confidential information and use it only for the purposes of the relevant business relationship.

Where a separate confidentiality agreement or NDA exists, that agreement will apply.

18. Termination

Either party may terminate a project in accordance with the applicable service agreement or quotation.

Upon termination, the client remains responsible for payment for work completed and approved third-party expenses incurred up to the effective termination date, subject always to applicable consumer rights.

19. Force Majeure

We will not be responsible for delays caused by circumstances reasonably outside our control, including natural disasters, major technology failures, internet outages, third-party platform failures, government actions, cyber incidents, labour disruptions or other extraordinary circumstances.

20. Changes to These Terms

We may update these Terms from time to time.

The updated version will be published on this website with the revised date.

21. Contact

For questions regarding these Terms:

Phnix Tech
A unit of Edutisement Consultancy Services Pvt Ltd.
Email: info@phnixtech.com.au
Website: https://www.phnixtech.com.au/