Terms of Service

Last updated: 1 July 2025

1. About these terms

These Terms of Service (“Terms”) govern the provision of technology advisory services by Vicbyte Advisory Pty. Ltd. (ABN 75 702 515 964), trading as Vicbyte Advisory, of Perth, Western Australia (“Vicbyte Advisory”, “we”, “us” or “our”) to you (“Client” or “you”). By engaging us, accepting a quote, or using our website at https://vicbyteadvisory.site, you agree to be bound by these Terms.

These Terms apply together with, and are subject to, any signed engagement letter, statement of work or written proposal agreed between us. Where a signed engagement document conflicts with these Terms, the engagement document prevails to the extent of the inconsistency.

2. Our services

Vicbyte Advisory provides independent technology advisory services, which may include digital strategy and roadmapping, cloud adoption guidance, cybersecurity posture reviews, vendor and licence advisory, systems and process assessment, and general technology consulting. The precise scope of services for each engagement will be set out in the applicable quote, proposal or statement of work.

Our services are advisory in nature. We do not provide legal, accounting, financial product or licensed financial advice, and our deliverables should not be relied upon as a substitute for such professional advice. Where matters require those disciplines, we recommend you engage an appropriately qualified adviser.

3. Quotes and engagement

Unless otherwise stated in writing, quotes provided by Vicbyte Advisory remain valid for thirty (30) days from the date of issue. A quote is an invitation to engage our services and does not constitute an offer capable of immediate acceptance that binds us until we confirm the engagement.

An engagement commences when we confirm acceptance of your instructions in writing (including by email). We may reasonably decline or condition any engagement, including where we consider a conflict of interest, capacity limitation or scope concern exists.

4. Fees, invoicing and payment

Fees will be as stated in the applicable quote or engagement document and are expressed in Australian dollars (AUD). Unless otherwise agreed in writing, invoices are payable within fourteen (14) days of the invoice date.

You are responsible for any reasonable, pre-approved disbursements and travel costs incurred in delivering the agreed scope. We may charge reasonable fees for out-of-scope work requested by you. Where amounts remain overdue, we may suspend services and recover our reasonable costs of collection, subject always to your rights under the Australian Consumer Law.

5. Your obligations

To enable us to deliver our services effectively, you agree to:

• provide timely, accurate and complete information reasonably required for the engagement;
• ensure you have the right to share with us any data, systems and third-party materials you provide;
• nominate a contact person authorised to make decisions and provide approvals;
• comply with all applicable laws, including the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth), in your use of any deliverables we produce; and
• promptly notify us of any change to your requirements, environment or contact details.

Delays caused by unavailability of information, systems or personnel may affect timelines, and we will not be responsible for delays arising from such causes beyond our reasonable control.

6. Intellectual property

All pre-existing intellectual property owned by either party remains the property of that party. Upon full payment of our fees, you are granted a perpetual, irrevocable, royalty-free licence to use the deliverables we create specifically for you for your internal business purposes.

We retain ownership of our methodologies, frameworks, templates, know-how and tools. Where deliverables incorporate our pre-existing materials, we grant you a non-exclusive, non-transferable licence to use those materials to the extent embedded in the deliverables.

7. Confidentiality

Each party will keep confidential all non-public information received from the other party in connection with an engagement, and will use it only for the purposes of the engagement, unless disclosure is required by law or the information is publicly available through no breach of these Terms. This obligation survives the completion or termination of an engagement.

8. Warranties and Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded.

To the fullest extent permitted by law, and except for those non-excludable guarantees, all other conditions and warranties, whether express or implied by statute, common law or trade usage, are excluded. Our services are provided with reasonable care and skill and in accordance with the agreed scope.

9. Limitation of liability

To the extent permitted by law, and subject to clause 8:

• we are not liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, goodwill, data or business opportunity;
• our total aggregate liability arising out of or in connection with an engagement is limited to the fees paid by you for the specific engagement giving rise to the claim; and
• advice and deliverables are based on the information available to us at the time of preparation and on the scope agreed; we are not responsible for outcomes arising from reliance on deliverables outside their intended scope or purpose.

If the Australian Consumer Law applies and our liability for a failure to comply with a consumer guarantee cannot be excluded but can be limited, our liability is limited, at our option, to the re-supply of the services or the payment of the cost of having the services re-supplied.

10. Third-party products and providers

Our advice may reference third-party software, cloud platforms, hardware or service providers. We are not an agent, partner or reseller of such providers unless expressly agreed in writing, and we make no warranty as to third-party products or services. Any arrangement you enter into with a third party is solely between you and that provider.

11. Termination

Either party may terminate an engagement by providing written notice. Upon termination, you remain liable for fees for work performed and reasonable costs incurred up to the effective date of termination. Clauses relating to intellectual property, confidentiality, liability, governing law and payment for work performed survive termination.

12. Force majeure

We will not be liable for delay or failure to perform our obligations where that delay or failure is caused by an event beyond our reasonable control, including natural disasters, industrial action, power or communications failures, cyber incidents affecting critical infrastructure, or changes in law. We will notify you promptly and take reasonable steps to mitigate the impact.

13. Privacy

We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy, which forms part of these Terms.

14. Changes to these Terms

We may update these Terms from time to time. The current version published on this website applies to engagements accepted after the date of publication. Material changes affecting an active engagement will be communicated to you before they take effect.

15. Governing law

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia and the courts competent to hear appeals from those courts.

16. Contact us

Questions about these Terms, or notices requiring delivery to us, may be sent by email to ceo@vicbyteadvisory.site. We aim to respond to written enquiries within two business days.

Vicbyte Advisory Pty. Ltd. — ABN 75 702 515 964 — Perth, WA.