Terms and Conditions
Last updated: December 28, 2025
1. Agreement to Terms
By accessing and using the services provided by Eminence Digital Solutions ("Company", "we", "our", or "us"), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our services.
2. Services
Eminence Digital Solutions provides software development, web application development, mobile app development, and related technology consulting services. The specific scope of work, deliverables, timelines, and pricing will be outlined in individual project agreements or statements of work.
3. Client Responsibilities
Clients agree to:
- Provide timely feedback and necessary information for project completion
- Designate a primary point of contact for project communications
- Review and approve deliverables within agreed timeframes
- Ensure all content, materials, and information provided do not infringe on third-party rights
- Make payments according to the agreed schedule
4. Payment Terms
Payment terms will be specified in individual project agreements. Generally:
- Project-based work typically requires a deposit before work commences
- Retainer services are billed monthly in advance
- Invoices are due within 14 days of issuance unless otherwise agreed
- Late payments may incur interest charges and project delays
- All prices are in Australian Dollars (AUD) unless otherwise specified
5. Intellectual Property
Upon full payment, clients receive ownership of custom code and deliverables created specifically for their project. However:
- We retain ownership of pre-existing code, frameworks, and tools
- We reserve the right to reuse general knowledge, techniques, and methodologies
- Third-party software, libraries, and APIs remain the property of their respective owners
- We may showcase completed work in our portfolio unless a non-disclosure agreement specifies otherwise
6. Warranty and Support
We provide a 60-day warranty on all delivered software, covering:
- Bug fixes for issues present at the time of delivery
- Corrections to functionality that doesn't meet agreed specifications
- Technical support for issues arising from our code
The warranty does not cover issues arising from client modifications, third-party integrations, hosting environment changes, or new feature requests.
7. Limitation of Liability
To the maximum extent permitted by law, Eminence Digital Solutions shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.
Our total liability for any claim arising from our services shall not exceed the total amount paid by the client for the specific project or service in question.
8. Confidentiality
We respect the confidentiality of client information and will not disclose confidential information without permission, except as required by law. We may use non-disclosure agreements (NDAs) for sensitive projects.
9. Project Changes and Scope
Changes to project scope, features, or requirements may affect timelines and costs. All significant changes will be documented through a change request process, with pricing and timeline adjustments agreed upon before implementation.
10. Termination
Either party may terminate a project agreement with written notice. Upon termination:
- Client is responsible for payment of all work completed up to the termination date
- We will provide all completed deliverables upon full payment
- Any deposits or prepaid amounts for incomplete work may be refunded at our discretion
11. Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, pandemics, government actions, or infrastructure failures.
12. Governing Law
These terms are governed by the laws of New South Wales, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of New South Wales.
13. Changes to Terms
We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting to our website. Continued use of our services constitutes acceptance of modified terms.
14. Refer a Friend
If you refer a friend to Eminence Digital Solutions, the following referral terms apply:
- Referral discount of $250 AUD applies to the referred customer’s first project only
- Minimum project value of $2,000 AUD is required to redeem the referral discount
- Referral codes cannot be combined with other promotional offers
- The referrer will receive a $250 AUD electronic gift card once the referred customer’s project is successfully completed and full payment is received
- Gift cards will be issued within 14 business days and are subject to the issuer’s terms and conditions (including expiry requirements)
- Only one referral reward may be claimed per referred customer; self-referrals are not permitted
- Referral program is available to existing customers and business contacts only
- Fraudulent, misleading, or abusive referrals may result in disqualification
- We reserve the right to modify or terminate the referral program at any time
- Participation in the referral program does not create an agency, partnership, or employment relationship
15. Contact Information
For questions about these Terms and Conditions, please contact us at: