1. About Data Angler Pty Ltd
Data Angler Pty Ltd is an Australian proprietary limited company registered in Victoria. From our base in Melbourne VIC we provide professional business and consulting services to clients across Australia, including data strategy, analytics and reporting support. References to you or your are to any individual or organisation that uses the Site or engages our services.
2. Using This Site
We grant you a limited, non-exclusive, non-transferable licence to access and view the Site for personal or internal business purposes. You must not:
- use the Site in a way that breaches any applicable law or regulation;
- copy, reproduce or republish any part of the Site without our prior written consent, other than for your own reasonable internal use;
- attempt to interfere with the operation, security or availability of the Site; or
- use the Site to transmit spam, malware or other harmful content.
Content on the Site is general in nature. It is provided for information only and does not constitute financial, legal, tax or other professional advice. You should obtain advice specific to your circumstances before acting on any content on the Site.
3. Quotes and Engagements
Any quotation we provide is an invitation to engage our services and is valid for 30 days from the date of issue unless the quotation states otherwise. A binding engagement arises only when:
- we confirm the scope of work in writing (including by email); and
- any deposit, retainer or first invoice has been paid as set out in that confirmation.
Work performed outside the agreed scope will be quoted separately and will not commence until you approve it in writing.
4. Fees, Invoices and GST
- Fees are stated and payable in Australian dollars.
- Fees are exclusive of goods and services tax (GST). Where GST applies, it is payable in addition to the quoted fees.
- Unless otherwise agreed in writing, invoices are payable within 14 days of the date of issue.
- We may charge interest on overdue amounts at the rate specified in the Penalty Interest Rates Act 1983 (Vic).
- We may suspend delivery of services while an invoice remains overdue, and we may require payment of reasonable costs of recovering overdue amounts.
5. Client Responsibilities
To enable us to deliver services, you agree to:
- provide accurate, complete and timely information and access to systems reasonably required for the work;
- ensure you have the right to share any data, records or materials you provide to us;
- respond to reasonable requests for feedback or approvals in a timely manner; and
- use deliverables only for lawful purposes connected with your business.
We are not responsible for delays, errors or additional costs caused by information or access not being provided as agreed.
6. Intellectual Property
All content on the Site, and all pre-existing materials, tools, methods and templates we use in delivering services, remain the property of Data Angler Pty Ltd or its licensors. Subject to full payment of fees, you receive a perpetual, non-exclusive licence to use the final deliverables prepared for your engagement for your own business purposes. We may reuse general knowledge, skills and experience gained during an engagement, provided we do not disclose your confidential information.
7. Confidentiality
Each party will keep confidential the other party's non-public business information and will not disclose it to third parties except where required to do so by law, or where the information is independently developed, publicly available or already known to the receiving party without restriction. This obligation survives the end of an engagement.
8. Australian Consumer Law and Limitation of Liability
Nothing in these Terms excludes, restricts or modifies any rights you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded. Our services come with guarantees that cannot be excluded under the Australian Consumer Law, including guarantees that services will be rendered with due care and skill, will be fit for purpose, and will be supplied within a reasonable time.
Where the Australian Consumer Law applies and permits our liability for a failure to comply with a consumer guarantee to be limited, our liability is limited (at our election) to supplying the services again or paying the cost of having the services supplied again.
To the fullest extent permitted by law, and except as set out above, we are not liable for any indirect, special or consequential loss, or for loss of profit, revenue, data or goodwill, arising from the Site or our services. Our total aggregate liability arising out of or in connection with an engagement is limited to the fees paid by you for that engagement. You should keep your own backups of data you provide to us.
9. Third-Party Links and Tools
The Site may link to third-party websites, software or services. These links are provided for convenience only. We do not control and are not responsible for third-party content, availability, privacy practices or terms, and a link does not imply endorsement.
10. Privacy
We handle personal information in accordance with the Australian Privacy Principles and our Privacy Policy, available at privacy.html. How we collect, use and store information is described in that policy.
11. Suspension and Termination
Either party may terminate an engagement by giving written notice if the other party materially breaches these Terms and does not remedy the breach within 14 days of notice. We may also suspend or terminate access to the Site immediately if you breach clause 2. On termination, you must pay for services delivered up to the date of termination, and clauses 6, 7, 8 and 15 continue to apply.
12. Changes to These Terms
We may update these Terms from time to time. The current version will always be published on this page with a revised last-updated date. Continued use of the Site after changes are published constitutes acceptance of the updated Terms. Material changes affecting an existing engagement will be communicated to you in writing.
13. Governing Law and Disputes
These Terms are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from them. Before commencing proceedings, the parties agree to attempt in good faith to resolve any dispute by discussion between authorised representatives.
14. Contact Us
Questions about these Terms, or notices required under them, may be sent to Data Angler Pty Ltd by email at ceo@dataanglerau.space. We will aim to acknowledge correspondence within two business days.
Data Angler Pty Ltd · ABN 63 703 525 106 · Melbourne VIC, Australia.