These Terms and Conditions govern your use of the Ozzie Spark Services website and the general basis on which Ozzie Spark Services offers digital services.
By using this website, you agree to these Terms.
Any specific project, quote, proposal, statement of work, subscription, support arrangement or other written agreement may contain additional or different terms. Where there is an inconsistency relating to a specific project, the agreed project-specific terms will apply to that project.
1. About Ozzie Spark Services
Ozzie Spark Services is operated by:
Frederik Rynaard Muller trading as Ozzie Spark
ABN: 11 317 453 573
Middle Ridge, Queensland 4350, Australia
Email: infoozziespark@gmail.com
We provide services that may include:
- websites and landing pages;
- web apps and internal tools;
- online ordering and booking systems;
- workflow and business systems;
- AI-assisted solutions;
- automation;
- portals and dashboards;
- operational tracking systems;
- integrations;
- improvements to existing digital systems; and
- related digital consulting, setup, hosting and support.
We are based in Australia and may work with clients internationally.
2. It costs nothing to ask
You are welcome to contact us about an idea, problem or possible project without obligation.
An initial enquiry or conversation does not create a binding obligation for either party to proceed with a project.
We may:
- confirm that we can help;
- request more information;
- recommend an existing platform or alternative solution;
- suggest a different approach;
- refer you elsewhere where appropriate; or
- advise honestly that we are unable to assist.
Unless otherwise expressly agreed, no charge applies merely for submitting an enquiry or having an initial discussion about whether we may be able to help.
3. Quotes and project agreements
Before paid project work begins, we may provide a written quote, proposal, scope or other project agreement describing matters such as:
- the work to be performed;
- expected deliverables;
- price or pricing method;
- deposits or milestones;
- estimated timing;
- hosting or ongoing support;
- third-party costs;
- client responsibilities; and
- any project-specific conditions.
A project becomes binding when the relevant proposal or agreement is accepted in the manner specified.
If there is a conflict between these general Terms and a specific written project agreement, the project agreement takes priority for that project.
4. Project scope
We will provide the work described in the agreed scope.
Requests outside that scope may:
- require additional time;
- result in an additional fee;
- affect delivery estimates; or
- require a revised quote or scope.
We will endeavour to identify material scope changes before carrying out additional chargeable work.
5. Client responsibilities
To allow us to perform the work effectively, you agree to provide reasonably required:
- information;
- instructions;
- content;
- approvals;
- access;
- accounts;
- credentials through appropriate secure methods;
- feedback; and
- decisions.
You are responsible for ensuring that information and materials you provide to us are accurate and that you have the right to use and provide them.
Delays in receiving required information, access, content or approvals may affect project timing.
6. Fees and payment
Project fees will be set out in the applicable quote, proposal or agreement.
Depending on the project, charges may include:
- a one-off build or setup fee;
- an upfront deposit;
- staged or milestone payments;
- recurring hosting or support fees;
- usage-based costs; and
- third-party platform or service charges.
Unless stated otherwise, prices quoted by Ozzie Spark Services are in Australian dollars.
Where GST applies, it will be handled in accordance with applicable Australian tax requirements.
Invoices must be paid by the due date stated on the invoice or project agreement.
7. Third-party costs and services
Many digital projects use third-party services, which may include:
- domain registrars;
- hosting providers;
- payment processors;
- email providers;
- AI providers;
- database or cloud providers;
- booking platforms;
- point-of-sale systems;
- software subscriptions; and
- APIs.
Where practical, we will explain significant third-party costs before implementation.
Third-party services are subject to their own pricing, terms, availability and policies and may change independently of Ozzie Spark Services.
Unless expressly included in our fee, third-party charges are the client's responsibility.
We are not responsible for outages, price changes, policy changes, service discontinuation or other acts of an independent third-party provider that are outside our reasonable control.
8. Hosting and ongoing support
Some projects may require ongoing hosting, maintenance, monitoring or support.
Where applicable, the relevant:
- fee;
- included support;
- service period;
- cancellation arrangements; and
- third-party costs
will be explained separately.
Unless expressly agreed otherwise, the original build price does not create an unlimited or lifetime support obligation.
Support does not mean continuous 24-hour monitoring unless that level of service is specifically agreed.
9. Changes and additional work
After work has begun, you may request changes.
Where a requested change is outside the agreed scope, we may provide:
- an additional quote;
- an hourly or fixed additional fee;
- a revised timeline; or
- a recommendation to defer the change to a later stage.
Minor adjustments may sometimes be completed without additional charge at our discretion, but doing so does not create an obligation to provide future out-of-scope work free of charge.
10. Delivery and timing
Any delivery date or timeframe is an estimate unless specifically agreed in writing as a firm deadline.
Project timing may be affected by:
- client feedback or approval;
- changes in scope;
- third-party providers;
- technical issues;
- external dependencies;
- availability of information or content; or
- events outside our reasonable control.
We will aim to communicate material delays that become known to us.
11. Testing and acceptance
We will take reasonable steps appropriate to the project to test work before delivery or launch.
Clients are responsible for reviewing delivered work and notifying us within a reasonable period of any apparent problem or material difference from the agreed scope.
Where a genuine defect falls within the agreed project scope, we will work with you to determine an appropriate solution, subject to applicable law and the project agreement.
12. Artificial intelligence and assisted development
Ozzie Spark Services uses modern development and AI-assisted tools as part of its workflow.
These tools may assist with:
- planning;
- coding;
- debugging;
- design;
- drafting;
- analysis;
- testing; and
- other development tasks.
AI-generated or AI-assisted output may require review, correction or further development.
We do not guarantee that an AI system or generated output will always be accurate, complete, error-free or suitable for every purpose.
We remain responsible for the services we have agreed to provide, subject to these Terms, the project agreement and applicable law.
13. Client review of regulated or specialist content
Unless expressly agreed otherwise, Ozzie Spark Services does not provide:
- legal advice;
- financial advice;
- medical advice;
- professional engineering advice;
- regulatory certification; or
- other licensed professional advice.
Where a digital product involves legal, regulatory, compliance, health, financial, safety or specialist subject matter, the client remains responsible for obtaining appropriate professional review and ensuring the system is suitable for their actual obligations.
A digital system can assist with processes and records but does not automatically make a business compliant with a law, standard or certification scheme.
14. Intellectual property
Ownership and licensing of custom project deliverables will be determined by the applicable project agreement, quote or proposal.
Unless specifically transferred in writing, Ozzie Spark Services retains ownership of:
- the Ozzie Spark name and branding;
- Ozzie Spark-owned products;
- pre-existing intellectual property;
- reusable tools, components, methods and know-how developed independently of a particular client's proprietary material; and
- materials expressly identified as licensed rather than transferred.
Clients retain ownership of their own content, trademarks, data and other materials they provide to us.
Third-party components remain subject to their applicable licences and terms.
15. Portfolio and case studies
We may wish to refer to completed work as an example of our services.
We will not intentionally publish private client data, credentials or confidential information.
Where a project involves client names, logos, private screenshots, confidential systems or sensitive information, publication should only occur where we have an appropriate basis or permission to do so.
A client may tell us if a project or particular information must remain confidential.
16. Confidentiality
Each party should take reasonable steps to protect confidential information received from the other in connection with a project.
Confidential information does not include information that:
- is already public through no breach of an obligation;
- was lawfully known before disclosure;
- is lawfully received from another source; or
- must be disclosed by law.
More detailed confidentiality requirements may be agreed for individual projects where appropriate.
17. Accounts and credentials
Where a project uses third-party accounts, we may recommend that accounts be created in the client's name or transferred to the client where practical.
Clients are responsible for safeguarding passwords, API keys and account credentials under their control.
Credentials should not be sent through insecure channels where a secure alternative is available.
18. Backups and client data
Where ongoing hosting or storage forms part of a project, backup and retention arrangements depend on the particular service and infrastructure used.
Unless expressly agreed otherwise, clients should retain their own copies of important source material, business records and content.
Specific backup, retention, recovery or data-residency requirements should be agreed before relying on them.
19. External websites and products
This website may link to:
- Ozzie Spark;
- KitchenCheck;
- other Ozzie Spark products;
- client projects; and
- third-party websites or services.
Ozzie Spark-owned SaaS products may have their own Terms, Privacy Policies, subscription arrangements and user conditions.
Those product-specific terms apply when you use the relevant product.
A link from Ozzie Spark Services does not mean these general service Terms replace the terms applicable to another website or platform.
20. Website information
We aim to keep information on this website accurate and useful.
However, general website content is provided for information and does not constitute a binding project quote, guarantee or professional advice.
Services, technologies, product stages, third-party providers and project availability may change over time.
Specific commitments will be set out in the relevant project agreement.
21. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any right, guarantee, remedy or other protection that cannot lawfully be excluded under the Australian Consumer Law or other applicable law.
Where Australian Consumer Law consumer guarantees apply to our services, those rights apply in addition to these Terms.
22. Liability
To the maximum extent permitted by law, Ozzie Spark Services is not liable for indirect, incidental, special or consequential loss arising from circumstances outside our reasonable control.
Nothing in these Terms excludes or limits liability where doing so would be unlawful.
Any limitations contained in a specific project agreement are also subject to rights and remedies that cannot lawfully be excluded.
23. Suspension or termination of work
A project may be paused or terminated in accordance with its specific agreement.
We may also suspend work where reasonably necessary because of:
- overdue payment;
- failure to provide required information or access;
- unlawful or unsafe instructions;
- misuse of systems or services;
- a material breach of an agreement; or
- circumstances that make continued performance impractical or unlawful.
Fees for work already properly performed and committed third-party costs remain payable to the extent permitted by law and the applicable agreement.
24. Acceptable use
You must not use this website, our services or systems we provide to knowingly:
- break the law;
- infringe another person's intellectual property or privacy rights;
- distribute malware;
- gain unauthorised access to systems;
- conduct fraud;
- harass or harm others; or
- interfere with the security or operation of our infrastructure.
We may refuse work that we reasonably believe would be unlawful, unsafe or inappropriate.
25. Changes to these Terms
We may update these Terms from time to time as the business or services change.
The current version will be published on this website with its updated date.
Changes will not retrospectively alter an already accepted project agreement unless agreed or required by law.
26. Governing law
These Terms are governed by the laws of Queensland, Australia.
Subject to any rights that cannot lawfully be excluded, disputes relating to these Terms are subject to the jurisdiction of the courts and tribunals of Queensland and any courts entitled to hear appeals from them.
27. Contact
Questions about these Terms or Ozzie Spark Services may be sent to:
Ozzie Spark Services
Frederik Rynaard Muller trading as Ozzie Spark
ABN 11 317 453 573
Middle Ridge, Queensland 4350, Australia
infoozziespark@gmail.com