Terms of Engagement & Service

1. Engagement & Application

These Terms of Engagement (“Terms”) govern the provision of professional advisory, systems architecture, automation development, and consulting services by Findertech Australia Pty Ltd (ABN 42 631 675 673), trading as Finder Technologies (“we”, “us”, “our”), to the client named in a Statement of Work, Retainer Agreement, or invoice (“you”, “the Client”).

By booking a discovery audit, engaging our services, or signing an agreement with us, you agree to be bound by these Terms.

2. Services & The Fractional Model

Finder Technologies delivers fractional systems architecture and operational consulting. The specific scope, schedule, and deliverables are detailed in your individual proposal or engagement schedule.

• Fractional Retainers: Monthly retainers typically provide a committed allocation of dedicated advisory days (e.g. 4 days per calendar month) plus ongoing asynchronous system oversight and architecture direction.
• Project Sprints & Day Rates: Discrete integration tasks, system builds, or data migration sprints delivered on a scheduled day-rate or fixed-scope sprint basis.
• Ad-Hoc Advisory: Hourly consulting for troubleshooting, code reviews, or pipeline health checks.

3. Fees, GST, and Invoicing

• Currency & GST: All rates and fees are quoted in Australian Dollars (AUD) and are exclusive of Goods and Services Tax (GST), unless expressly stated otherwise. GST of 10% is charged on all taxable supplies made in Australia.
• Payment Terms: Monthly retainers are invoiced in advance on a monthly cycle. Sprints and ad-hoc services are invoiced upon completion or as agreed. Payment terms are strictly 14 days from invoice date.
• Late Payments: Accounts overdue by more than 14 days may result in the temporary suspension of advisory services, pipeline monitoring, or deployment access until all outstanding balances are settled.

4. Client Responsibilities & Human Approval (HITL)

To enable effective system architecture and delivery, you agree to:

• Provide timely access to relevant platforms, API credentials, documentation, and key operational personnel;
• Maintain primary administrative control over your software accounts and infrastructure;
• Verify & Confirm Outputs: AI-powered tools and automated workflows are designed to draft, triage, classify, and extract data to accelerate human decision-making. You retain sole responsibility for final business, contractual, financial, and operational actions. Human approval is an essential invariant of our architecture.

5. Intellectual Property Rights

• Client IP: You retain all ownership, title, and intellectual property rights in your existing systems, confidential data, proprietary business templates, and client records.
• Developed Work: Upon receipt of full payment, you are granted an exclusive, irrevocable licence to use and modify the specific workflow scripts, automations, and configurations developed solely for your business during the engagement.
• Pre-Existing & Platform IP: Finder Technologies retains all ownership, copyright, and intellectual property rights in its pre-existing code libraries, architectural patterns, tools, and proprietary platforms — including Checbox and Finder GPS. Nothing in these Terms transfers ownership of our core platforms or reusable integration modules.

6. Confidentiality & Data Security

Each party agrees to maintain strict confidentiality regarding all non-public business, financial, operational, and technical information disclosed during the engagement.

We handle all client data in compliance with our Privacy Policy and the Privacy Act 1988 (Cth). We never use your proprietary client data or operational records to train public AI models.

7. Australian Consumer Law & Limitation of Liability

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL) set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

To the extent permitted by law, our total aggregate liability for any loss, claim, or damage arising out of or in connection with the services, whether in contract, tort (including negligence), or otherwise, is strictly limited to the total fees paid by you to Findertech Australia Pty Ltd in the three (3) months immediately preceding the event giving rise to the claim.

Neither party shall be liable for indirect, consequential, special, or punitive damages, or for loss of profits, revenue, or business interruption.

8. Termination

Either party may terminate a monthly fractional retainer by giving 30 days' written notice to the other party. Any work performed up to the date of termination will be invoiced and payable in accordance with these Terms.

9. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws in force in the State of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales and any courts entitled to hear appeals therefrom.

10. Contact Information