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Terms of Service
These Terms of Service apply when you use powderos.app or engage Powder OS to provide website, design, development, hosting, maintenance or related services. In these terms, Powder OS means the service provider identified in the proposal, order form or service agreement for your project. By accepting a proposal, paying an invoice that refers to these terms, or continuing to use the services after receiving them, you agree to the Agreement described below.
1. The Agreement
The Agreement consists of the documents accepted by both parties, including any proposal, order form, statement of work or service agreement, these Terms of Service, and any policy expressly incorporated into those documents.
If the documents conflict, the more specific signed or accepted commercial document takes priority over these terms. A description on this website is general information only and does not become a commitment unless it is included in your Agreement.
Using this website does not by itself appoint Powder OS or create a client relationship.
2. Business customers and authority
Our services are primarily designed for businesses. If you accept an Agreement for an organisation, you confirm that you have authority to bind that organisation. You must be at least 18 years old to enter an Agreement in your own name.
3. Scope and delivery
We will provide the services and deliverables described in the Agreement. The Agreement should identify the project scope, launch fee, subscription plan, included pages or features, revision rounds, ongoing allowances, third-party services, target timing and any customer dependencies.
Dates are estimates unless the Agreement expressly states that a date is fixed. Delivery depends on timely access to content, credentials, feedback, approvals and other items we reasonably request. Customer delays may move the delivery schedule.
Work outside the agreed scope requires written approval and may be quoted separately. This includes major redesigns, new page families, custom applications, extensive content production, filming, photography, complex integrations, additional locations and production beyond an included allowance.
4. Subscription term and renewal
Unless the Agreement says otherwise, each plan begins with a 12-month initial term. Monthly billing changes the payment schedule, not the length of that commitment.
An eligible customer may accept a longer term in writing in exchange for a reduced launch fee. A longer term is never automatic.
After the initial term, the subscription continues month-to-month unless the Agreement states another renewal arrangement. Either party may end a month-to-month subscription by giving at least 30 days' written notice.
5. Fees and payment
Fees are charged in Australian dollars unless the Agreement states otherwise. The applicable tax treatment will be shown in the Agreement or invoice.
The launch fee covers the agreed strategy, content organisation, design, development, configuration, testing and launch work. Subscription fees cover the ongoing services and allowances described in your plan.
If an annual-payment option is offered and accepted, the 20% annual discount applies only to the subscription component paid upfront. It does not apply to launch work, third-party charges, add-ons, usage charges or separately quoted production unless stated in writing.
You must pay invoices by their due date. If an undisputed amount is overdue, we may pause work or suspend affected services after giving written notice and any cure period required by the Agreement or applicable law. Suspension does not remove payment obligations that have already accrued.
Third-party usage charges, paid media, premium assets, transaction fees, messaging costs and external platform subscriptions are excluded unless expressly listed in your proposal or included in your plan allowance.
6. Your responsibilities
You must:
- provide accurate, complete and timely instructions, content, access and approvals
- make decisions and nominate an authorised contact for the project
- ensure that material you provide is lawful, accurate and not misleading
- hold the rights, licences and permissions needed for content, trademarks, photographs, video, data and other materials you supply
- review deliverables and report material errors within a reasonable time
- use the services in accordance with the Acceptable Use Policy and applicable law
- maintain appropriate internal controls for your accounts, staff access and exported data.
You remain responsible for your business decisions, customer communications, legal notices, claims, prices and regulatory obligations. We may help implement approved material, but we do not become your legal, financial, tax, insurance, safety or repair adviser.
7. Revisions, support and allowances
Included revisions, updates, support and usage allowances are defined in the Agreement. Unless the Agreement says otherwise, unused monthly time does not roll over and requests should be provided as consolidated instructions.
Fixing a defect in the agreed implementation is not treated as a discretionary content update. New features, changed requirements and work outside the agreed scope may require a separate quote.
Support is provided under the Service Level and Support Policy and any service levels expressly stated in the Agreement. We do not promise uninterrupted availability or a particular response time unless that promise is written into the Agreement.
8. Intellectual property
You retain ownership of your domain, brand assets, original content, photographs, video, customer information, submitted leads and other materials you provide. You grant us a limited licence to use those materials as reasonably necessary to deliver, maintain and support the services.
Powder OS retains ownership of its pre-existing and reusable intellectual property, including its platform, software, components, templates, design and animation systems, internal tools, processes and know-how. Your Agreement gives you the right to use the delivered service for the agreed purpose and term; it does not transfer our reusable platform or underlying systems.
Ownership of any project-specific deliverable not covered above is determined by the Agreement. Third-party software, fonts, media and services remain subject to their own licence terms.
Where required, a transfer, buyout, migration, static export or content-export pathway must be agreed in writing. Its scope, timing, technical limits and price should be recorded before work begins or in a later written variation.
9. Confidentiality and data
Each party must protect the other party's confidential information and use it only for the Agreement, except where disclosure is authorised, required to deliver the services, or required by law.
Our handling of personal information is described in the Privacy Policy. Where we handle information on your behalf in a client website or connected workflow, the Agreement may allocate additional privacy, security, retention and incident-response responsibilities. You are responsible for ensuring that your own customer-facing privacy notices and collection practices match the deployed service and applicable law.
10. Third-party services and integrations
Third-party services are subject to provider availability, pricing, terms, technical limits and changes outside our control. An integration is not committed until access, permissions, supported data flows, security, feasibility and scope have been confirmed.
We are not responsible for a third-party outage or change that we did not cause, but we will provide the support included in your Agreement to help diagnose and manage its effect.
11. AI-assisted features
AI-assisted features are supplied only when included in the Agreement and are also governed by the AI Services Policy. Outputs can be incomplete or inaccurate and require appropriate human review.
An AI photo pre-assessment is an indicative first look only. It is not a formal quote, physical inspection, diagnosis, repair decision or safety-critical assessment.
12. Cancellation and termination
Cancellation, early termination, downgrade and add-on rules are set out in the Agreement and the Refund and Cancellation Policy. We do not promise that an add-on or fixed-term subscription can be cancelled at any time.
Either party may terminate for a material breach that is not remedied within a reasonable written cure period. A party may act immediately where necessary to address unlawful activity, a serious security risk, insolvency or a breach that cannot reasonably be remedied.
On termination, you must pay amounts properly due for services already provided and any other amount expressly payable under the Agreement, subject to applicable law. Access, export, transition, retention and deletion will be handled in accordance with the Agreement and applicable law.
13. Service standards and outcomes
We will provide the services with due care and skill. We do not guarantee search rankings, enquiry volumes, revenue, business outcomes, uninterrupted availability or compatibility with every future device or third-party service.
Nothing in the Agreement excludes, restricts or modifies a consumer guarantee, right or remedy that cannot lawfully be excluded, including any rights available under the Australian Consumer Law.
To the extent permitted by law, neither party is liable to the other for indirect or consequential loss that was not reasonably foreseeable when the Agreement was made. Any further agreed liability limits must be stated in the Agreement and operate only to the extent permitted by law.
14. Events outside reasonable control
Neither party is responsible for delay or failure caused by an event outside its reasonable control, including a widespread network failure, utility outage, natural disaster, government action or third-party platform incident. The affected party must take reasonable steps to reduce the impact and resume performance.
15. Changes to these terms
We may update these terms to reflect changes to the services, law or business operations. Updated terms apply prospectively from the date published. A change does not rewrite an existing fixed-term Agreement unless that Agreement permits the change or both parties agree to it.
16. Disputes and governing law
If a dispute arises, each party should first give the other written details and allow a reasonable opportunity to resolve it in good faith. This does not prevent either party from seeking urgent relief or using a right or remedy available under law.
The Agreement is governed by the laws of New South Wales, Australia. The parties submit to the courts of New South Wales and courts entitled to hear appeals from them.
17. Contact
Notices and service enquiries should be sent using the contact details in your proposal, Agreement or latest correspondence with Powder OS. A notice is effective when received through an agreed contact channel.