Terms of Service

By accessing or using the services provided by Elektris Pty Ltd (“Elektris”, “we”, “us”, “our”), including our website, applications, operational control systems, and any related services (collectively, the “Services”), you agree to be bound by these Terms of Service (“Terms”).

If you are using the Services on behalf of a business or organisation, you represent that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, you must not access or use our Services.

Elektris provides operational control systems, custom business applications, automation solutions, and related consulting services for trades and service businesses. Our Services may include:

• Custom application development and deployment

• Business process automation and workflow configuration

• System integration with third-party platforms (e.g., Xero, Google Workspace, Twilio)

• Ongoing support, maintenance, and optimisation

• Consulting and advisory services

The specific scope, deliverables, and pricing for your engagement will be outlined in a separate service agreement or statement of work. These Terms apply in addition to any such agreement.

When using our Services, you agree to:

• Provide accurate and complete information during onboarding and throughout the engagement

• Maintain the security of your account credentials and notify us immediately of any unauthorised access

• Use the Services only for lawful purposes and in accordance with these Terms

• Not attempt to reverse engineer, decompile, or disassemble any software provided as part of the Services

• Not use the Services to store, transmit, or process any content that is unlawful, harmful, or infringes the rights of others

• Cooperate with reasonable requests for information or access necessary to deliver the Services

• Ensure that your use of the Services complies with all applicable Australian laws and regulations

All intellectual property rights in the Elektris platform, tools, methodologies, templates, and pre-existing materials remain the property of Elektris Pty Ltd.

Unless otherwise specified in your service agreement, custom configurations, workflows, and applications built specifically for your business will be owned by you upon full payment. However, Elektris retains ownership of any underlying frameworks, reusable components, and proprietary tools used in their creation.

You grant Elektris a non-exclusive, royalty-free licence to use anonymised and aggregated data derived from your use of the Services for the purpose of improving our products and services.

Payment terms, fees, and billing schedules are specified in your service agreement or statement of work.

• All prices are in Australian Dollars (AUD) and exclusive of GST unless stated otherwise

• Invoices are due within the timeframe specified in your agreement (typically 14 days)

• Late payments may incur interest at the rate specified in your agreement

• We reserve the right to suspend Services if payment is overdue by more than 30 days

To the maximum extent permitted by law, including the Australian Consumer Law:

• Elektris shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Services

• Our total aggregate liability for any claims arising from or related to the Services shall not exceed the total fees paid by you to Elektris in the twelve (12) months preceding the claim

• We do not warrant that the Services will be uninterrupted, error-free, or completely secure, although we take reasonable steps to ensure reliability and security

Nothing in these Terms excludes or limits any consumer guarantees or rights that cannot be excluded under Australian Consumer Law.

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the engagement. This obligation survives the termination of these Terms and any related service agreement.

Confidential information does not include information that is publicly available, independently developed, or rightfully obtained from a third party without obligation of confidentiality.

Either party may terminate the Services in accordance with the terms of the applicable service agreement.

• We may suspend or terminate your access to the Services immediately if you breach these Terms or if continued provision of Services becomes impractical or unlawful

• Upon termination, we will provide you with a reasonable opportunity to export your data, unless retention is required by law

• Obligations relating to intellectual property, confidentiality, and limitation of liability survive termination

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts of appeal from those courts.

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website with a revised effective date. Your continued use of the Services after such changes constitutes acceptance of the updated Terms.

We encourage you to review these Terms periodically.

If you have any questions about these Terms of Service, please contact us:

Elektris Pty Ltd

Wagga Wagga, NSW 2650

Email: info@elektris.com.au