Service terms and conditions
Effective date: 18/5/2025
Welcome to Supergood Apps ("we," "our," or "us"). These Service Terms and Conditions ("Terms") govern your engagement with our services: Flexi-Bundles, Full MVP Design, and Complete Product Overhaul (collectively, "Services").
"You" or "the Client" refers to the individual or entity who has engaged Supergood Apps for these Services.
By engaging our Services, the Client agrees to comply with these Terms. If the Client does not agree to these Terms, they must not engage our Services.
1.0 Engagement and service plans
Our service offerings include:
- Flexi-Bundles: Flexible design and product feature enhancements targeting 2 to 3 features/flows.
- Full MVP Design: End-to-end UX/UI design and strategy for investor-ready minimum viable products.
- Complete Product Overhaul: Comprehensive upgrades and design enhancements for scaling products post-MVP.
All work will be governed by a signed Scope of Work or written agreement issued prior to project commencement.
2.0 Payment terms
- All services are billed on a rolling 4-week basis, commencing from the start date of the Service.
- Invoices must be paid on the day of issue.
- Late payments will incur:
- A non-waivable administrative fee of AUD 200, and
- A compounding late payment fee of 2.5% per day on any overdue and unpaid balance not under dispute.
- If payment is not received within 7 days, all work will be paused until the account is brought current.
3.0 Refund policy
All payments are non-refundable, regardless of whether the Client utilizes the full scope of services. There will be no refunds for any reason whatsoever. This includes, but is not limited to, change of mind, project cancellation, dissatisfaction, or any other circumstance.
4.0 Urgent turnaround fee
Requests for urgent delivery outside of the initially agreed timeline will incur additional charges at a rate of +10% of the total project cost per day. This surcharge is calculated per calendar day, starting from the date the request is received in writing by Supergood Apps until the day of final delivery.
Please note:
- Urgent requests must be acknowledged and accepted in writing by Supergood Apps to be valid.
- Public holidays, weekends, or any non-business days falling within the urgent delivery window will still be counted in the per-day surcharge unless otherwise agreed in writing.
- Supergood Apps reserves the right to refuse urgent requests based on scheduling, team availability, or quality assurance concerns.
5.0 Additional services, revisions, third-party assets, and scope changes
Revisions
- Each feature or deliverable includes a maximum of three (3) rounds of revisions.
- Any revisions beyond this limit will be treated as out-of-scope and charged separately.
Third-Party Assets
- Any required third-party assets (e.g., fonts, illustrations, stock imagery, plugins, APIs) are not included in project fees unless explicitly stated.
- The cost of such assets will be invoiced to the Client at cost price or as quoted in writing in advance.
Scope Changes
Any services or deliverables requested by the Client that fall outside the originally agreed scope will:- Be quoted separately;
- Require written approval before work begins; and
- Be invoiced in addition to the standard project cost.
6.0 Intellectual property & portfolio rights
- Final deliverables become the property of the Client upon full and final payment.
- Supergood Apps retains all rights to use, display, and reproduce any and all created work (including drafts, designs, prototypes, and final deliverables) for portfolio, case studies, advertising, awards, and promotional purposes, unless otherwise agreed in writing.
7.0 Warranties
Our services are provided strictly on an "as is" basis. We make no warranties or guarantees, express or implied, including but not limited to merchantability, fitness for a particular purpose, or outcomes from the use of our services.
8.0 Indemnity
The Client agrees to indemnify, defend, and hold harmless Supergood Apps, its directors, officers, employees, agents, contractors, and affiliates from and against any and all liabilities, damages, losses, claims, demands, costs, and expenses (including legal fees on a full indemnity basis) arising directly or indirectly from:
- the Client’s use or misuse of our services;
- any breach of these Terms by the Client;
- any claim by a third party that the Client’s materials or actions infringe intellectual property rights or other proprietary rights;
- the Client’s negligence, misconduct, or violation of any applicable law.
9.0 Limitation of liability
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (ACL) or any other law that cannot be excluded. Where the Client is entitled to a statutory remedy under the ACL, our liability is limited (where permissible) to either:
- re-supplying the services, or
- covering the cost of having the services re-supplied.
To the fullest extent permitted by law, Supergood Apps shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, business interruption, data, goodwill, anticipated savings, or revenue, whether arising under contract, tort (including negligence), equity, statute, or otherwise, even if we have been advised of the possibility of such damages.
Our total liability for any claim arising out of or in connection with our services shall not exceed the total amount paid by the Client to Supergood Apps for the specific services giving rise to the claim.
10.0 Confidentiality and non-solicitation
Both parties agree to maintain strict confidentiality regarding all proprietary, technical, commercial, and financial information disclosed during the engagement. Neither party shall disclose such information to any third party without prior written consent, except as required by law.
The Client also agrees not to solicit or attempt to solicit, either directly or indirectly, any employee, contractor, or consultant of Supergood Apps for employment or engagement in any capacity during the term of the engagement and for a period of 12 months thereafter. with regard to sensitive, proprietary, or non-public information obtained during the course of the engagement.
11.0 Termination
Either party may terminate services by giving 14 days’ written notice. The Client remains responsible for:
- Full payment of any outstanding invoices;
- Pro-rated payment for work completed up to the termination date.
12.0 Governing Law, dispute resolution, and arbitration
These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia.
Any dispute, controversy, or claim arising out of or in connection with these Terms, including any question regarding its existence, breach, validity, or termination, shall be referred to and finally resolved by arbitration administered by the Australian Centre for International Commercial Arbitration (ACICA). The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one, unless otherwise agreed in writing by the parties.
Notwithstanding the foregoing, Supergood Apps reserves the right to pursue injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.