Terms of Service & Disclaimer

Welcome to Arkitas Solutions. These Terms of Service and Website Disclaimer ("Terms") govern your use of the website located at arkitas.com.au (the "Site") and any services provided by James Cowley (ABN 66 117 469 615), trading as Arkitas Solutions.

1. No Professional Advice & Engagement Requirements

1. General Information Only: Information on this Site is for general purposes only and does not constitute personalised Salesforce, Google, or AI consultancy advice.
2. No Relationship & Precedence: An engagement relationship with Arkitas Solutions does NOT exist merely from website use or discovery calls. A relationship is only established upon signed acceptance of a written "Engagement Document" (including but not limited to a Proposal, Scope of Work, Statement of Work, or Services Agreement). In the event of any inconsistency between these Website Terms and a signed Engagement Document, the terms of the signed Engagement Document shall prevail.
3. Scope of Website Terms: These Website Terms govern your use of the Site, access to information, and use of contact features. These Website Terms do NOT govern paid consulting services. Consulting services are governed exclusively by a signed Engagement Document.
4. AI Content Disclaimer: Users acknowledge that AI outputs may be factually incorrect or biased and that Arkitas Solutions provides no warranty regarding the fitness for purpose of any AI-generated content on this Site.
5. AI in Consulting Services: Where Arkitas Solutions uses AI tools to assist in professional deliverables, all outputs are reviewed by a human consultant. However, you acknowledge that AI models have inherent limitations and you are responsible for final validation before implementation in production systems.
6. Website Disclaimer & Free Content: Information, articles, and case studies on this Site are provided "as is". We do not guarantee the accuracy, completeness, currency, or relevance of this content. We do not guarantee uninterrupted access to this Site and are not liable for temporary outages or technical errors. Before acting on any website content, you should independently verify all information and obtain professional advice tailored to your circumstances.
7. Educational Videos & YouTube Content: Educational and tutorial videos published on the Arkitas Solutions YouTube channel are educational materials only and are subject to Section 1.1 (General Information Only). The methods demonstrated are performed in controlled demonstration environments (such as Sandboxes, developer tenants, or non-production accounts), and may not be suitable for your specific system configuration.
   
   Condition of Use: By viewing our educational content, you agree that you will NOT implement any code, flow, or configuration changes directly into a production environment or any environment that could impact business operations, staff, or third parties without prior testing. You agree to (a) test thoroughly in a Sandbox or isolated test environment first; (b) back up all data; and (c) consult a certified professional if uncertain. Arkitas Solutions expressly disclaims all liability for damage, data loss, business interruption, or unforeseen errors resulting from your reliance on our educational content, to the maximum extent permitted by law.

2. Services and AI Tools

Arkitas Solutions provides consulting services involving third-party platforms such as Salesforce, Google, and various Artificial Intelligence (AI) tools. You acknowledge that:

• These platforms are owned and operated by third parties.
• Arkitas Solutions is not liable for changes, outages, or errors caused by these platforms.
• You are responsible for complying with the specific terms and policies of these third-party providers.

3. Intellectual Property

1. Arkitas Solutions Content: Original website content is owned by Arkitas Solutions.
2. Client Data: You retain ownership of your data. You grant Arkitas Solutions a limited license to use such data solely for the provision of the agreed services. Upon termination of services, Client data stored in third-party platforms (Salesforce, Google Workspace) remains Client property. Arkitas Solutions will not retain copies unless separately agreed in writing, and you are responsible for exporting your data before termination.

4. User Obligations & Indemnity

You agree not to use the Site for unlawful purposes or interfere with its security. To the extent permitted by law, you agree to indemnify Arkitas Solutions against direct and foreseeable losses arising from your breach of these Terms or your unlawful conduct.

5. Limitation of Liability & Consumer Guarantees

1. Consumer Guarantees: The Australian Consumer Law (ACL) provides non-excludable guarantees that our services will be provided with due care and skill. Nothing in these Terms excludes these rights.
2. Liability Caps - Order of Precedence: Our liability for any claim arising from our services is subject to the following hierarchy:
   1. Primary (Signed Agreement): If you have signed an Engagement Document (e.g., Proposal, Scope of Work), the liability cap specified in that document shall apply exclusively and overrides this section.
   2. Default (No Signed Agreement): If you have NOT signed an Engagement Document, our total liability for paid consulting services shall not exceed the greater of:
      • The total amount paid by you to us in the 12 months preceding the claim; or
      • $10,000 AUD.

      Example: If you paid us $500 for a small consult, our liability cap is $10,000 (the greater amount). If you paid us $50,000 over 12 months, our liability cap is $50,000 (the greater amount). This ensures fair protection for both parties.

   3. Free Website Content: For claims arising from free website content or browsing (not paid consulting services), our liability is limited to the cost of re-providing the information or correcting inaccurate information at no charge.
3. Exceptions - Where Liability Caps Do NOT Apply:

   To the extent permitted by law, these limitations do not apply to:

   • Fraud
   • Willful misconduct
   • Gross negligence

6. Third-Party Links

Our Site may contain links to third-party websites. Your use of third-party links is at your sole risk.

7. Governing Law

These Terms are governed by the laws of the Australian Capital Territory (ACT). You irrevocably submit to the exclusive jurisdiction of the courts in the ACT.

8. Changes to Terms

We reserve the right to modify these Terms at any time. For material changes (such as liability caps, indemnity clauses, or dispute resolution), we will provide reasonable notice via email (if you have provided one) or prominent Site notice. Continued use after notice constitutes acceptance of the new Terms.

9. Refund and Remedy Policy

We are committed to compliance with the Competition and Consumer Act 2010 (Cth).

If we fail to meet a Consumer Guarantee under the ACL, you are entitled to a remedy:

• For Minor Failures: We will rectify the failure (e.g., by fixing the issue or re-performing the service) within a reasonable time and at no charge to you.
• For Major Failures: You are entitled to cancel the service and receive a refund for the unused portion, or compensation for the reduced value of the service.

To request a remedy, contact our Founder at james@arkitas.com.au within a reasonable time of discovering the issue. We will respond within 14 calendar days.

10. Dispute Resolution

If unsatisfied with our response, you may escalate your complaint to the Australian Competition and Consumer Commission (ACCC) or the ACT Office of Fair Trading.

11. Severability

If any provision of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remainder of the Terms shall remain in full force and effect.

12. Force Majeure

Neither party shall be liable for failure or delay in performance due to causes beyond reasonable control, including but not limited to: natural disasters, pandemics, acts of government, telecommunications failures, third-party platform outages (Salesforce, Google, AI services), or infrastructure failures. This does not excuse payment obligations already due.

13. Entire Agreement

• If you have signed an Engagement Document: That document (together with our Privacy Policy) constitutes the entire agreement between you and Arkitas Solutions and supersedes these Website Terms to the extent of any conflict.
• If you have NOT signed an Engagement Document: These Website Terms (together with our Privacy Policy) constitute the entire agreement between you and Arkitas Solutions.

No prior or contemporaneous communications, whether electronic, oral, or written, shall modify this agreement unless agreed in writing by both parties.

14. Privacy & Data Collection

Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which uses the Australian Privacy Principles (APPs) as a best-practice framework. By using this Site, you consent to such processing in accordance with our Privacy Policy.

15. Contact Information

For questions about these Terms or our Website Disclaimer, contact us: