Oceanside Analytics Terms and Conditions

1. Introduction

These Terms and Conditions (“Agreement”) govern the provision of services by Oceanside Analytics Pty Ltd (ABN: 63685040555), a Perth-based company (“we,” “us,” or “Oceanside Analytics”), to you, the client (“you” or “Client”). By engaging our services through our website (https://oceansideanalytics.com), application stack (app.oceansideanalytics.com), or otherwise, you agree to be bound by this Agreement. Our services include Reports (e.g., Visibility Snapshot, Digital Deep Dive, Growth Blueprint), Web Development, AI Consulting and Automation, and Other Automations delivered via our platforms, all tailored for small and medium businesses (SMBs).

2. Scope of Services

2.1 Reports:

We provide digital reports to analyze and improve your online presence, including:

• Visibility Snapshot: A quick overview of your website's SEO performance.
• Digital Deep Dive: An in-depth analysis of technical SEO and content availability, scanning up to 15 pages.
• Growth Blueprint: A long-term strategy for digital growth and optimization.

Reports are delivered as PDFs via email within 5 to 30 minutes of purchase (depending on website size & the report type) through our website or application stack. You are responsible for providing accurate website URLs and contact information for delivery.

2.2 Web Development Services:

We provide optimization services for existing websites, including improvements to site speed, mobile-friendliness, navigation, and technical SEO to enhance performance and visibility on traditional and AI-driven search engines. We do not currently offer full website development but may do so in the future, as noted in our service descriptions.

2.3 AI Consulting and Automation Services:

We offer consulting and automation solutions, including automating repetitive tasks (e.g., customer inquiries), providing data insights, and personalizing customer experiences, tailored to your business needs and budget.

2.4 Other Automations:

Through our website and application stack, we provide automated tools and services, such as website audits (e.g., free audits offered via app.oceansideanalytics.com/audit), chatbots for customer support, and workflow optimizations. These automations may be standalone or integrated into broader AI consulting projects. Usage is subject to the terms of service for each tool, which will be provided at the point of access.

2.5 Service Details:

Specific services, deliverables, timelines, and fees for Web Development, AI Consulting, and custom automations will be outlined in a separate proposal or statement of work (“Proposal”) agreed upon by both parties. Timelines are estimates only and not binding unless specified. Reports and automations accessed directly via our platforms are subject to the pricing and delivery terms specified at the point of purchase.

2.6 Client Cooperation:

You agree to provide all necessary materials, data, and access (e.g., website credentials, business information) in a timely manner for Web Development, AI Consulting, or custom automations. For reports and platform-based automations, you must provide accurate information (e.g., website URLs, email addresses). Delays or inaccuracies in providing these may result in project delays or failed deliveries, for which we are not liable.

3. Fees and Payment

3.1 Payment Terms:

• Reports and Platform-Based Automations: Fees are as specified on our website or application stack at the time of purchase (e.g., $175 for a Digital Deep Dive Report). Payment is due in full at the time of purchase via PayPal or Stripe redirection. We do not store your financial data; transactions are processed securely on third-party platforms.
• Web Development and AI Consulting: Fees will be detailed in the Proposal. A 50% deposit is required before work begins, with the remaining 50% due upon completion of the services, subject to the acceptance terms below.
• Custom Automations: Fees for custom automations (e.g., integrated chatbots as part of AI consulting) will be outlined in the Proposal or at the point of purchase on our platform.

3.2 Payment Schedule:

Payments for Web Development, AI Consulting, or custom automations must be made in Australian dollars within 7 days of receiving an invoice unless otherwise agreed in the Proposal. Payments for reports and platform-based automations are processed immediately at purchase.

3.3 Deposits:

For Web Development and AI Consulting, the 50% deposit is non-refundable once work has commenced, except where we fail to deliver the agreed services due to our own fault. Deposits are not applicable to reports or platform-based automations.

3.4 Late Payments:

Overdue payments for Web Development, AI Consulting, or custom automations will incur interest at a rate of 2% above the Reserve Bank of Australia base rate per month, plus a $50 administration fee per month until paid in full. We reserve the right to suspend services until all outstanding amounts are settled.

3.5 Disputes:

Any invoice disputes must be raised in writing within 14 days of the invoice date. Undisputed portions remain payable within the original timeframe.

3.6 Additional Costs:

Out-of-scope work (not specified in the Proposal) or expenses (e.g., third-party software licenses, additional report scans beyond agreed limits) will incur additional charges, which will be communicated and agreed upon in advance.

3.7 Refunds for Reports and Automations:

• Reports are non-refundable once delivered, except in cases of significant errors attributable to us (e.g., incorrect website analyzed due to our error). Refund requests must be made within 7 days of delivery.
• Platform-based automations (e.g., free audits) are provided as-is, with no refunds applicable unless otherwise specified at the point of purchase.

4. Acceptance of Work

4.1 Acceptance Process:

• For Web Development, AI Consulting, and custom automations, the acceptance criteria, including review periods and revision processes, will be detailed in the Proposal agreed upon by both parties. If no feedback is received within the timeframe specified in the Proposal, the work may be deemed accepted, subject to the terms outlined therein.
• Reports and platform-based automations are deemed accepted upon delivery or access, as these are automated, one-time deliverables.

4.2 Revisions for Errors:

Reports and platform-based automations are provided as-is, with no revisions unless significant errors are attributable to us (e.g., incorrect data in a report due to our error). In such cases, we will correct the error at no additional cost, provided you notify us within 7 days of delivery or access.

4.3 Completion:

For Web Development, AI Consulting, and custom automations, services are considered complete once accepted or deemed accepted as per the Proposal, and final payment becomes due. This does not affect your rights under the Australian Consumer Law (see Clause 8.4).

5. Intellectual Property

5.1 Client Materials:

You retain ownership of all materials, data, and intellectual property (IP) you provide to us for the project, including for reports and automations. You grant us a non-exclusive, royalty-free license to use these materials solely to perform the services (e.g., analyzing your website for a report).

5.2 Deliverables:

Upon full payment, we assign to you all rights, title, and interest in the deliverables created specifically for you, including:

• Reports (e.g., Visibility Snapshot PDFs).
• Web Development outputs (e.g., optimized website code).
• AI Consulting outputs (e.g., automation setups, data insights).
• Platform-based automations (e.g., audit results, chatbot configurations).

This assignment excludes pre-existing IP or third-party tools.

5.3 Pre-Existing IP:

We retain ownership of any pre-existing IP, tools, or methodologies used in providing the services, including those embedded in reports, automations, or application stack functionalities (e.g., our proprietary analytics algorithms). You are granted a non-exclusive, perpetual license to use such IP solely for the intended purpose of the deliverables.

5.4 Third-Party IP:

Any third-party tools, software, or content used (e.g., plugins, APIs, analytics platforms) remain subject to their respective licenses, and you are responsible for complying with those terms.

5.5 AI Outputs and Reports:

For AI Consulting services and reports, outputs generated by AI tools (e.g., data insights, automated workflows, report analyses) are assigned to you upon full payment, subject to any limitations under Australian copyright law (e.g., AI cannot be an "author" under the Copyright Act 1968). We are not liable for third-party IP infringement claims arising from AI-generated outputs or report content based on your provided data.

5.6 Usage Restrictions:

Reports and automations are for your internal business use only. You may not resell, distribute, or otherwise commercialize them without our prior written consent.

6. Confidentiality

6.1 Confidential Information:

Both parties agree not to disclose any confidential information (e.g., business data, project details, report findings) shared during the engagement, except as required to perform the services or by law.

6.2 Exceptions:

Confidentiality obligations do not apply to information that is publicly known, received from a third party without restriction, or independently developed without using confidential information.

6.3 Duration:

Confidentiality obligations survive for 2 years after the termination of this Agreement.

7. Privacy and Data

7.1 Compliance:

We comply with the Australian Privacy Principles under the Privacy Act 1988. Any personal information you provide (e.g., email for report delivery, business data for AI consulting) will be used solely to perform the services and will not be shared with third parties except as necessary (e.g., with subcontractors, analytics platforms) or required by law.

7.2 Client Responsibility:

You are responsible for ensuring that any personal information or data you provide complies with privacy laws and that you have the right to share it with us.

7.3 AI and Automation Data Use:

For AI Consulting, reports, and platform-based automations, you acknowledge that AI tools and analytics platforms may process your data to generate outputs. We will take reasonable steps to ensure data security but are not liable for breaches caused by third-party platforms (e.g., PayPal, Stripe, analytics providers).

8. Limitation of Liability

8.1 Exclusion:

To the extent permitted by law, we exclude all implied warranties, conditions, or representations except those expressly stated in this Agreement.

8.2 Liability Cap:

Our total liability for any claim arising from this Agreement, including for negligence, is limited to the total fees paid by you for the services in question (e.g., the cost of a report, Web Development project, or AI consulting engagement).

8.3 Consequential Loss:

We are not liable for any indirect, consequential, or incidental losses (e.g., loss of profits, data, or business opportunities) arising from our services, including inaccuracies in reports or automations.

8.4 Consumer Guarantees:

Nothing in this Agreement excludes or limits your rights under the Australian Consumer Law (ACL). If the ACL applies, our liability is limited, at our option, to resupplying the services (e.g., re-running a report) or paying the cost of resupplying the services.

8.5 Third-Party Tools and Data Accuracy:

We are not liable for issues arising from third-party tools, software, or content used in delivering the services (e.g., browser compatibility, AI platform errors, inaccuracies in analytics data). Reports and automations are provided as-is, and while we strive for accuracy, we do not guarantee that they will be error-free or meet all your expectations.

9. Termination

9.1 By Either Party:

Either party may terminate this Agreement with 14 days' written notice if the other party materially breaches this Agreement and fails to remedy the breach within 7 days of notice. This applies to Web Development, AI Consulting, and custom automations.

9.2 Platform-Based Services:

For reports and platform-based automations, there is no ongoing engagement to terminate; usage is on a per-service basis.

9.3 Immediate Termination:

We may terminate immediately if you fail to make payments within 30 days of the due date or if you engage in conduct that harms our reputation or operations.

9.4 Effect of Termination:

Upon termination of Web Development, AI Consulting, or custom automations, you must pay for all services rendered up to the termination date. We will provide a handover package (e.g., deliverables, account credentials) within 5 business days, subject to full payment.

9.5 Survival:

Clauses related to confidentiality, intellectual property, liability, and governing law survive termination.

10. Subcontracting

We reserve the right to subcontract any services to third parties as we see fit, provided they adhere to the same confidentiality and quality standards outlined in this Agreement. This includes third-party platforms used for reports and automations (e.g., analytics providers). We remain responsible for the overall delivery of the services.

11. Governing Law and Dispute Resolution

11.1 Governing Law:

This Agreement is governed by the laws of Western Australia, and both parties submit to the non-exclusive jurisdiction of the courts of Western Australia.

11.2 Dispute Resolution:

Any disputes arising under this Agreement will first be attempted to be resolved through good-faith negotiations. If unresolved within 30 days, the dispute may be referred to mediation before proceeding to court.

12. General Provisions

12.1 Entire Agreement:

This Agreement, together with the Proposal (where applicable), constitutes the entire agreement between the parties and supersedes all prior agreements or understandings.

12.2 Amendments:

This Agreement may only be amended in writing signed by both parties.

12.3 Force Majeure:

Neither party is liable for delays or failures to perform due to events beyond their reasonable control (e.g., natural disasters, internet outages), except for payment obligations. This includes delays in report delivery due to platform downtime.

12.4 Notices:

All notices must be in writing and sent via email to the contact details provided (for us: info@oceansideanalytics.com; for you: as specified in the Proposal or at purchase).

12.5 No Partnership:

This Agreement does not create a partnership, joint venture, or employment relationship between the parties.