Legal
These Terms of Service (“Terms”) govern your access to and use of the website at openmalo.com.au (the “Website”) and any services provided by OpenMalo Technologies Pty Ltd (“OpenMalo”, “we”, “us”, “our”).
By accessing our Website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our Website or engage our services.
These Terms are governed by the laws of Victoria, Australia, and the Commonwealth of Australia.
OpenMalo Technologies Pty Ltd is an Australian company with its principal place of business in Melbourne, Victoria. We provide custom software development, mobile application development, AI development, web development, digital marketing, quality assurance, and related technology services to clients across Australia and internationally.
You may access and use the Website for lawful purposes only. You must not:
While we make reasonable efforts to ensure the information on the Website is accurate and up to date, we do not warrant that it is complete, accurate, or error-free. Content on the Website is provided for general information purposes only and does not constitute professional, technical, or legal advice.
All service engagements begin with a formal consultation and are subject to a separately executed Services Agreement or Statement of Work (SOW). No engagement is binding until such agreement is signed by both parties.
We deliver services using agile and iterative methodologies. Timelines, deliverables, and milestones are set out in the applicable Services Agreement. We make reasonable efforts to meet agreed timelines but are not liable for delays caused by: changes in scope requested by the client; failure by the client to provide required information, approvals, or access; third-party dependencies beyond our control; or force majeure events.
Clients are responsible for providing timely feedback, content, access credentials, and approvals necessary for project delivery. Delays caused by the client may affect delivery timelines without penalty to OpenMalo.
Fees for services are set out in the relevant proposal, quote, or Services Agreement. All prices are quoted in Australian Dollars (AUD) and are exclusive of GST unless otherwise stated. GST will be applied where applicable in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Unless otherwise agreed in writing, invoices are due for payment within 14 days of the invoice date. Late payments may attract interest at the rate of 10% per annum, calculated daily on the overdue amount. We reserve the right to suspend work on a project if payment is overdue by more than 30 days.
Refunds are not available for work already completed or time already expended by our team. Specific refund terms may be set out in the applicable Services Agreement.
Upon receipt of full payment, OpenMalo assigns to the client all intellectual property rights in the custom deliverables developed specifically for that client under the applicable Services Agreement, including source code, designs, and documentation (the “Deliverables”).
OpenMalo retains ownership of:
We grant clients a perpetual, royalty-free, non-exclusive licence to use Background IP incorporated into their Deliverables.
All content on the OpenMalo website — including text, graphics, logos, images, and software — is owned by or licensed to OpenMalo Technologies Pty Ltd and is protected by Australian copyright law. You may not reproduce, distribute, or adapt any Website content without our prior written permission.
Both parties may exchange confidential information during an engagement. Each party agrees to keep the other’s confidential information strictly confidential and not to disclose it to third parties without prior written consent, except as required by law.
We will sign a mutual Non-Disclosure Agreement (NDA) upon request before discussing the details of any prospective project.
OpenMalo warrants that services will be provided with due care and skill in accordance with applicable professional standards, and that deliverables will materially conform to the specifications agreed in the relevant Services Agreement.
To the maximum extent permitted by law, the Website and any general information on it is provided “as is” and “as available” without warranty of any kind. We disclaim all warranties not expressly stated in these Terms or in a signed Services Agreement.
Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) that cannot lawfully be excluded or limited. Where such guarantees apply and we are permitted to limit our liability, we limit our liability (at our election) to resupplying the services or paying the cost of having the services resupplied.
To the maximum extent permitted by law:
Either party may terminate a service engagement as set out in the applicable Services Agreement. In the absence of a Services Agreement, either party may terminate on 30 days’ written notice. On termination:
The collection and use of personal information through our Website and in the course of providing services is governed by our Privacy Policy, which is incorporated into these Terms by reference. We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
Our Website may contain links to third-party websites. These links are provided for your convenience only. We have no control over the content of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of them.
These Terms are governed by the laws of Victoria, Australia and the laws of the Commonwealth of Australia applicable therein. Both parties submit to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia.
In the event of a dispute, the parties agree to first attempt resolution through good-faith negotiation. If unresolved within 30 days, the dispute may be referred to mediation before litigation is commenced.
We may update these Terms from time to time. The current version will always be available on this page with the “Last Updated” date. Your continued use of the Website after any change constitutes acceptance of the updated Terms. Material changes affecting active client engagements will be notified by email.
For any questions about these Terms, please contact us:
