Terms of Service

Last Updated: 3 September 2026

Welcome to Passion Computing ("we", "our", "us"). These Terms of Service ("Terms") govern your use of our website, products, services, software, hosting solutions, consulting services, and any related offerings (collectively, the "Services").

By accessing our website or engaging our Services, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use our Services.

1. About Passion Computing

Passion Computing provides information technology services, including but not limited to:

Website design and development
E-commerce solutions
Web application development
Software development
Hosting and managed services
Cloud infrastructure and deployment
Technical consulting and support
Digital strategy and business technology solutions
Maintenance and support services

2. Eligibility

By using our Services, you confirm that:

You are at least 18 years of age or have legal authority to enter into contracts.
You have the authority to act on behalf of any organisation you represent.
All information you provide to us is accurate and current.

3. Scope of Services

Services provided by Passion Computing are governed by:

These Terms;
Any written proposal, quotation, statement of work, project agreement, or service agreement; and
Any additional terms communicated and accepted in writing.

Where there is any inconsistency, the specific project agreement or service contract shall take precedence over these Terms.

4. Quotes and Proposals

Unless otherwise stated:

Quotes are valid for 30 days.
Work will not commence until a quote or proposal has been accepted.
Acceptance may occur through written confirmation, payment of an invoice, electronic acceptance, or instruction to proceed.
Any changes beyond the agreed scope may incur additional charges.

5. Client Responsibilities

To enable us to provide Services efficiently, you agree to:

Supply requested information promptly.
Provide access to systems, hosting environments, accounts, and resources where required.
Ensure you have the right to use any materials supplied to us.
Review and approve work within reasonable timeframes.
Maintain backups of important data unless backup services are expressly provided by us.

Delays in providing information or approvals may affect project schedules and deadlines.

6. Intellectual Property

Client Content

You retain ownership of content you provide to us, including:

Text
Images
Logos
Videos
Documents
Databases
Other proprietary materials

You grant us a non-exclusive licence to use such materials for the purposes of delivering the Services.

Developed Work

Subject to payment of all applicable fees:

Custom-developed deliverables created specifically for the client become the client's property unless otherwise agreed.
We retain ownership of our methodologies, frameworks, templates, libraries, tools, and pre-existing intellectual property.
Third-party components remain subject to their respective licences.

Portfolio Rights

Unless otherwise agreed in writing, we may display completed non-confidential work in our portfolio, website, marketing materials, and case studies.

7. Third-Party Services

Our Services may incorporate or rely upon third-party products and platforms, including:

Domain registrars
Hosting providers
Payment gateways
Content delivery networks
Email delivery services
Cloud platforms
Open-source software

We do not control these services and are not responsible for:

Outages
Service interruptions
Pricing changes
Policy changes
Security incidents affecting third-party systems

Your use of third-party services may also be governed by their own terms and policies.

8. Hosting Services

Where hosting or managed infrastructure is provided:

Reasonable usage policies apply.
Services may be suspended if they threaten system stability, security, or performance.
We may undertake maintenance, updates, patches, or infrastructure changes.
Scheduled maintenance may cause temporary interruptions.

We do not guarantee uninterrupted service availability.

9. Acceptable Use

You must not use our Services to:

Violate any law or regulation;
Transmit malicious code or malware;
Engage in unauthorised access or security breaches;
Distribute spam or unsolicited communications;
Infringe intellectual property rights;
Host unlawful, defamatory, harmful, fraudulent, or offensive material;
Conduct activities that negatively impact system performance or security.

We reserve the right to suspend or terminate Services for breaches of this section.

10. Payment Terms

Unless otherwise agreed:

Invoices are payable within the period stated on the invoice.
Deposits may be required before work commences.
Milestone payments may apply to larger projects.
Ongoing services may be billed monthly, quarterly, or annually.

Failure to pay invoices by the due date may result in:

Suspension of Services;
Delayed project delivery;
Cancellation of support arrangements;
Recovery proceedings where necessary.

You remain responsible for all fees incurred prior to suspension or termination.

11. Refunds

Due to the nature of professional services:

Fees for completed work are generally non-refundable.
Refund eligibility is assessed on a case-by-case basis.
Third-party costs, licences, subscriptions, domains, and hosting fees may not be refundable.

Nothing in these Terms limits any rights available under applicable consumer protection laws.

12. Project Timelines

Estimated completion dates are provided in good faith.

Project timelines may be affected by:

Changes in scope;
Delayed feedback;
Third-party dependencies;
Technical complexities;
Client availability.

We are not liable for delays beyond our reasonable control.

13. Support and Maintenance

Support services are only provided where:

A support agreement exists;
A maintenance plan is active; or
Support services are purchased separately.

Support does not automatically include:

New feature development;
Major redesigns;
Third-party software issues;
Training services unless explicitly included.

14. Data Security

We take reasonable measures to protect information entrusted to us.

However, no technology system can guarantee absolute security.

You acknowledge that:

Internet communications may not be entirely secure;
Cybersecurity threats continually evolve;
We cannot guarantee the prevention of all security incidents.

We recommend maintaining independent backups and security controls for critical systems and data.

15. Confidentiality

Both parties agree to keep confidential information private and to use such information only for purposes related to the Services.

Confidential information does not include information that:

Is publicly available;
Was already known before disclosure;
Is independently developed;
Must be disclosed by law.

16. Privacy

Our collection and use of personal information is governed by our Privacy Policy.

By using our Services, you consent to the handling of personal information as described in that policy.

17. Service Availability

While we strive to provide reliable Services, we do not warrant that:

Services will always be uninterrupted;
Services will always be error-free;
All defects can be corrected immediately.

Availability may be affected by maintenance, upgrades, failures, network interruptions, or third-party service providers.

18. Limitation of Liability

To the fullest extent permitted by law:

Passion Computing shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to:

Loss of profits;
Loss of revenue;
Loss of business opportunities;
Loss of data;
Business interruption.

Where liability cannot be excluded, our total liability shall be limited to the amount paid by you for the relevant Services during the preceding 12 months.

19. Indemnity

You agree to indemnify and hold harmless Passion Computing, its directors, employees, contractors, and representatives from claims, losses, damages, liabilities, and expenses arising from:

Your misuse of the Services;
Your breach of these Terms;
Content provided by you;
Your violation of third-party rights.

20. Termination

Either party may terminate Services where:

A material breach remains unresolved after reasonable notice;
Required payments remain unpaid;
Continued service would be unlawful or impractical.

Upon termination:

Outstanding fees become payable;
Access to Services may cease;
Data retention periods may be limited;
Certain obligations survive termination.

21. Force Majeure

We shall not be liable for failures or delays resulting from circumstances beyond our reasonable control, including:

Natural disasters;
Telecommunications failures;
Internet outages;
Government actions;
Labour disputes;
Cybersecurity incidents;
Third-party service disruptions.

22. Changes to These Terms

We may update these Terms from time to time.

Updated versions will be published on our website and become effective upon publication unless otherwise stated.

Continued use of our Services constitutes acceptance of the updated Terms.

23. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any rights or remedies available under the Australian Consumer Law or other applicable legislation where such rights cannot lawfully be excluded.

24. Governing Law

These Terms are governed by the laws of Victoria, Australia.

Any disputes arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

25. Contact Information

Passion Computing

Website: https://www.passioncomputing.com.au

Email: hello@passioncomputing.com.au

For questions regarding these Terms, please contact us using the details above.