Services agreement

1. The agreement

This agreement is between Callfoods (“Callfoods”, “we”) and the person or company named on the offer (“you”). It takes effect when you accept an offer in your portal and set up the subscription in Stripe. The offer sets out the specific scope and price; this document sets out the terms that apply to every offer. If they conflict, the offer wins.

2. The services

We provide the design, engineering and operations work listed in your offer: for example brand and website work, web and mobile apps, deployment and running of your infrastructure, and AI integration. We decide how the work is done and who on our side does it, and we keep you informed with regular check-ins. We work as an independent contractor, not as your employee, and we may work for other clients.

3. Your part

• Give us timely feedback, decisions, content and access so the work can move. Delays on your side move our dates accordingly.
• Create and hold the accounts the work depends on (domains, hosting, app stores, SaaS tools) in your own name, and give us the access we need. Where we set up accounts for you, they are opened in your name from the start.
• Make sure the material you give us does not infringe anyone’s rights, and that you may lawfully share any personal information it contains.

4. Fees and billing

• The subscription price in your offer is charged in Australian dollars, monthly in advance, to the card you set up in Stripe. GST is included where it applies.
• Third-party costs (hosting, domains, SaaS, app store fees, AI usage) are paid by you directly through your own accounts unless the offer says they are included.
• If a payment fails, Stripe retries it. If it is still unpaid after 7 days we may pause work until it clears. Prices do not change during a paid period; we give at least 30 days’ notice before any price change.
• Receipts come from Stripe. Invoices and billing details are available through the billing page in your portal.

5. Changes to scope

Small adjustments are part of working together. If you want something materially outside the offer, we will say so and agree the change in writing, either as an update to the offer or as a new one, before we do it.

6. Term and cancellation

• The subscription runs month to month and renews until cancelled.
• You can cancel at any time from your portal. The plan stays active until the end of the period you have paid for; there are no refunds for partial periods, and you are not charged again.
• We may end the agreement with 30 days’ written notice, or immediately if payment is more than 14 days overdue or you seriously breach this agreement.
• On ending, we hand over any work in progress and any credentials or material still with us, and remove our own access to your accounts within 14 days.

7. Ownership

• You own the deliverables we create for you (designs, source code, content, configurations) once the period in which they were delivered has been paid for. Code lives in repositories and accounts in your name from the start.
• We keep ownership of our pre-existing tools, templates, know-how and general techniques. Where they are included in your deliverables you have a perpetual, royalty-free licence to use them as part of your product.
• Open-source components stay under their own licences. We will not include components whose licences are incompatible with a commercial product without telling you.
• With your permission, which you can withdraw at any time, we may name you as a client and show the work in our portfolio.

8. Confidentiality and data

Each of us keeps the other’s non-public information confidential and uses it only for this agreement, during the agreement and for three years after. Where we handle personal information about your customers or staff, we do so only on your instructions, keep it secure, and delete or return it when the work ends. Our own handling of your personal information is described in the Privacy policy.

9. Warranties and liability

• We perform the services with due care and skill and fix defects in our work that you report within 30 days of delivery, at no extra charge.
• Software and infrastructure depend on third parties we do not control; we do not guarantee uninterrupted operation, specific outcomes, rankings or revenue.
• To the extent permitted by law, neither of us is liable to the other for indirect or consequential loss, including lost profit or data, and our total liability under this agreement is limited to the fees you paid in the three months before the event giving rise to the claim.
• Nothing in this agreement excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law or other law that cannot be excluded.

10. General

This agreement and the accepted offer are the entire agreement between us and replace earlier discussions. Neither of us may assign it without the other’s consent, except that we may use contractors under our supervision. Notices are sent by email to the addresses on the offer and in your portal. If part of this agreement is unenforceable the rest still applies. It is governed by the laws of New South Wales, Australia, and the courts there have non-exclusive jurisdiction. Related: Terms of use. Questions: hello@callfoods.com.