Please read these Terms of Service ("Terms") carefully before using the Eatelligence website or services. By accessing or using our website or services, you agree to be bound by these Terms. If you do not agree, please do not use our services.
1. Parties
These Terms constitute a legally binding agreement between you ("Client" or "User") and Eatelligence, operated by Salvatore Rincione (sole trader, ABN registered, Sydney NSW, Australia) ("Eatelligence", "we", "us" or "our").
2. Services
Eatelligence provides two primary categories of services:
- SaaS Platform: A subscription-based online ordering and restaurant management platform provided to hospitality businesses in Australia, offered on a white-label basis.
- Digital Agency Services: Bespoke services including web design, eCommerce development, SEO, digital marketing, brand identity, content strategy, app development, and related professional services.
The specific scope of services, deliverables, fees, and timelines for each engagement are set out in a separate Statement of Work ("SOW") or Service Agreement, which forms part of these Terms.
3. Acceptance of Terms
By: (a) using our website; (b) signing a SOW or Service Agreement; (c) making a payment for our services; or (d) accessing our platform — you confirm that you have read, understood, and agree to these Terms and our Privacy Policy.
4. Platform Subscription (SaaS)
4.1 Subscription Plans
Access to the Eatelligence platform is provided under a subscription model. Fees, billing cycles, and inclusions are as described in the applicable plan at the time of subscription. We reserve the right to modify pricing with 30 days' written notice.
4.2 Acceptable Use
You agree not to: misuse the platform; attempt to gain unauthorised access; upload malicious code; violate any applicable law; or use the platform in a way that could damage or impair it.
4.3 Data Ownership
You retain ownership of all customer data and business data you upload to or generate through the platform. We will not use your customer data for purposes other than providing the service.
4.4 Uptime
We aim to maintain 99% platform availability but do not guarantee uninterrupted service. We are not liable for downtime caused by third-party infrastructure, maintenance windows, or events outside our reasonable control.
5. Agency Services
5.1 Scope of Work
All agency project engagements are governed by a signed SOW or Service Agreement. Work outside the agreed scope may require a change order and additional fees.
5.2 Client Responsibilities
You agree to: provide timely feedback and approvals; supply all required materials, content, and access; designate a point of contact; and honour payment terms. Delays caused by the Client may affect delivery timelines.
5.3 Intellectual Property
Upon receipt of full payment, ownership of custom deliverables (designs, code, content) transfers to you, except for: (a) third-party licensed components; (b) our pre-existing tools, frameworks, or methodologies; and (c) any elements explicitly excluded in the SOW.
6. Fees and Payment
- All fees are quoted and payable in Australian Dollars (AUD) and are inclusive of GST where applicable.
- Invoices are due within 14 days unless otherwise specified in the SOW.
- Late payments may attract interest at 10% per annum, calculated daily.
- We reserve the right to suspend services for accounts with overdue balances.
- All payments are non-refundable unless otherwise agreed in writing or required by Australian consumer law.
7. Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the services re-supplied if they fail to be of acceptable quality.
8. Limitation of Liability
To the maximum extent permitted by law, Eatelligence's total liability to you for any claim arising out of or in connection with these Terms or our services is limited to the total fees paid by you in the 3 months preceding the claim. We are not liable for indirect, consequential, incidental, special, or punitive damages, including lost profits or data loss.
9. Confidentiality
Both parties agree to keep confidential any non-public information shared in the course of the engagement. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.
10. Termination
Either party may terminate an engagement by providing 30 days' written notice. We may terminate immediately if you: breach these Terms materially and fail to remedy the breach within 7 days of notice; or become insolvent or subject to insolvency proceedings. Upon termination, you remain liable for fees for work completed to the date of termination.
11. Warranties and Disclaimers
We warrant that services will be performed with reasonable skill and care. We do not warrant that SEO or digital marketing services will achieve specific rankings or results, as outcomes depend on many factors outside our control including search engine algorithm changes.
12. Governing Law and Disputes
These Terms are governed by the laws of New South Wales, Australia. Any dispute arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of New South Wales. We encourage parties to attempt to resolve disputes amicably before commencing legal proceedings.
13. Amendments
We may update these Terms from time to time. Material changes will be notified by email or posted notice at least 14 days before taking effect. Your continued use of our services after the effective date constitutes acceptance of the updated Terms.
14. Entire Agreement
These Terms, together with any applicable SOW, Service Agreement, and our Privacy Policy, constitute the entire agreement between the parties with respect to their subject matter and supersede all prior agreements and understandings.
15. Contact
Questions about these Terms should be directed to:
- Eatelligence (Salvatore Rincione, Sole Trader)
- Email: hello@eatelligence.au
- Phone: +61 410 109 410
- Location: Sydney, NSW, Australia