TERMS & CONDITIONS

My Digital Solutions
Operated by: Sehdev Corporation Pty Ltd
ABN: 55 652 774 180
Address: 34 Commercial Road, Caroline Springs, Victoria 3023, Australia
Effective Date: 12/09/2021

These Terms & Conditions govern the provision of services by My Digital Solutions (“Company”) to any individual or entity (“Client”) engaging the Company’s services.

Nothing in these Terms excludes, restricts, or modifies any rights under the Australian Consumer Law that cannot be excluded.

1. Acceptance of Terms

By accepting a quote, paying an invoice, signing a proposal, or using any services provided by the Company, the Client agrees to be legally bound by these Terms & Conditions.

2. Services

The Company provides services including but not limited to:

  • Website design and development

  • Software development

  • Software-as-a-Service (SaaS) platforms

  • Hosting and domain management

  • Digital marketing services

  • Maintenance and support services

  • IT consulting and technology solutions

3. Fees and Payment

3.1 All invoices are payable within the timeframe specified on the invoice unless otherwise agreed in writing.

3.2 Failure to pay by the due date constitutes a material breach of this agreement.

3.3 The Company reserves the right to:

  • Charge interest on overdue amounts at 10% per annum calculated daily.

  • Recover reasonable debt collection costs, including legal fees.

  • Suspend or terminate services in accordance with these Terms.

3.4 All fees are exclusive of GST unless otherwise stated.

4. Late Payment, Suspension and Reactivation

4.1 If payment remains outstanding for 14 days after the due date, the Company may suspend services without further notice.

Suspension may result in:

  • Website being taken offline

  • Email services being disabled

  • Restricted access to hosting or software systems

  • Pausing of digital marketing campaigns

4.2 A reactivation fee of $120 AUD + GST will apply before services are restored.

5. Backup and Migration

5.1 If the Client requests website files, database exports, email data, or backups for migration purposes, a $150 AUD + GST administration fee applies.

5.2 The Company does not guarantee compatibility of backups with third-party providers.

6. Termination for Non-Payment

6.1 If payment remains unpaid for 30 days or more, the Company may terminate the Client’s account without further notice.

6.2 Upon termination:

  • All services will permanently cease.

  • Hosting, website, and email services will be disabled.

  • Data may be permanently deleted.

  • Recovery of data is not guaranteed.

6.3 The Company is not liable for any business loss, data loss, or consequential damages arising from termination due to non-payment.

7. Intellectual Property

7.1 For custom development projects (non-SaaS), ownership of final deliverables transfers only after full payment of all outstanding invoices unless otherwise agreed in writing.

7.2 For Software-as-a-Service (SaaS), hosted platforms, subscription systems, CRM systems, proprietary frameworks, or cloud-based software:

  • The Company retains full ownership of all software, source code, systems, databases, and intellectual property.

  • The Client is granted a limited, non-exclusive, non-transferable, revocable licence to use the software strictly during the active subscription or service period.

  • No ownership rights, source code rights, or intellectual property rights are transferred to the Client under any circumstances.

  • The Client must not copy, reverse engineer, modify, resell, sublicense, or distribute the software without prior written consent.

7.3 All licences granted immediately cease upon suspension or termination.

8. Client Responsibilities

The Client agrees to:

  • Provide accurate and complete information.

  • Maintain independent backups of important data.

  • Use services in compliance with all applicable laws.

  • Not use services for unlawful, harmful, or malicious purposes.

9. Data and Security

The Company takes reasonable care in hosting and protecting data but does not guarantee uninterrupted service or absolute data security.

The Client remains responsible for maintaining independent backups of all critical data.

10. Limitation of Liability

To the maximum extent permitted by law, the Company’s liability is limited to:

  • Re-supply of the services; or

  • Refund of the fees paid for the affected service.

The Company is not liable for:

  • Indirect or consequential loss

  • Loss of profits

  • Business interruption

  • Loss of goodwill

Nothing in these Terms excludes rights under the Australian Consumer Law.

11. Dispute Resolution

The parties agree to attempt to resolve any dispute through good faith negotiation before commencing legal proceedings.

These Terms are governed by the laws of Victoria, Australia.

12. Amendments

The Company may update these Terms & Conditions at any time. Continued use of services after changes are published constitutes acceptance of the updated Terms.