Legal

Terms of Service

Bury Digital · ABN 31 850 554 300 · Last updated: August 2026

1. Agreement to terms

These Terms of Service ("Terms") form a legal agreement between Bury Digital ("Bury Digital", "we", "us", "our") and the business or individual who engages us to design and build an automation system ("Client", "you", "your").

By engaging us for a Project — whether by accepting a written quote, paying a deposit, or instructing us to begin — you agree to these Terms. Where a written proposal or quote conflicts with these Terms, the proposal prevails for that Project.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

2. Definitions

  • "Project" means a fixed-scope build we agree to deliver, as described in the quote or proposal for that engagement.
  • "Deliverables" means the automations, workflows, dashboards, configurations, documentation, and related materials we build and hand over for a Project.
  • "Retainer" means an optional ongoing arrangement for monitoring and small changes after a Project is delivered.
  • "Client Data" means data you provide to us, or that we access in your own accounts, to build and test the Deliverables.
  • "Client Accounts" means the third-party tools and platforms (for example your CRM, email, or automation platform) in which the Deliverables are built and run.

3. Scope of work

We design, build, and hand over automation systems across categories including lead intake, CRM and data operations, dashboards and reporting, and AI content and operations workflows. The exact scope, price, and timeline for each Project are set out in the quote or proposal you accept.

Work outside the agreed scope ("change requests") is quoted and agreed separately before it begins. We are not obligated to perform work beyond the agreed scope at the agreed price.

4. Eligibility

To engage us you must be at least 18 years old, operate a legitimate business (in Australia, or elsewhere by written agreement), and provide accurate information. Where a Project is built in Client Accounts, you are responsible for providing the necessary access and for the costs of any third-party tools or subscriptions those accounts require.

5. Fees and payment

Each Project is a fixed price agreed in writing before work starts. Unless your quote states otherwise:

  • Entry builds are payable 100% upfront.
  • Core builds are payable 50% on acceptance (deposit) and 50% on delivery.
  • Complex builds are payable in staged instalments by milestone, as set out in the proposal.
  • Retainers are billed monthly in advance and may be cancelled by either party with 30 days' notice.

All prices are in Australian dollars and exclude GST unless stated otherwise; GST is added where applicable. Invoices are due within 7 days unless agreed otherwise. Deposits are non-refundable once work has begun, except as required by the Australian Consumer Law. We may pause work on a Project if an invoice is overdue.

6. Delivery, acceptance, and defects

We deliver each Project into your nominated Client Accounts, together with documentation and a walkthrough. On delivery, you should review the Deliverables against the agreed scope.

We include a 7-day defect-fix window from delivery: if a Deliverable does not work as described in the agreed scope, we will fix it at no additional charge. This window covers defects in our work — it does not cover new features, scope changes, or issues caused by changes you or third parties make to the Client Accounts after handover. Ongoing support beyond this window is available under a Retainer.

7. Ownership and intellectual property

On full payment for a Project, you own the Deliverables built for you, and — because they are built in your own Client Accounts wherever possible — they remain yours to run, change, or hand to another provider. There is no vendor lock-in.

We retain ownership of our pre-existing know-how, methods, templates, and general tools that we may reuse across clients. Nothing in a Project transfers ownership of those underlying methods, but your use of your Deliverables is not restricted by this.

8. Your responsibilities and acceptable use

You are responsible for how the Deliverables are used once handed over. You agree that you will not use, and will not configure us to build, anything that:

  • Breaches any applicable law, including the Spam Act 2003 (Cth), the Privacy Act 1988 (Cth), and the Australian Consumer Law;
  • Sends commercial electronic messages to people without a lawful basis or consent, or continues messaging someone who has opted out;
  • Harasses, defames, defrauds, or impersonates any person, or sends unlawful, deceptive, or malicious content;
  • Infringes a third party's intellectual property or confidentiality; or
  • Collects or processes personal information you have no lawful basis to collect.

Where a build sends messages or contacts people on your behalf, you are responsible for ensuring you have a lawful basis to do so. We may decline or stop work on any Project we reasonably believe is unlawful or unsafe.

9. Client Data and access

You retain all rights in Client Data. You grant us a limited licence to access and process Client Data solely to build, test, and deliver the Project, and (if you take a Retainer) to maintain it. We access Client Accounts only as needed to deliver the work, and we return or stop accessing them on completion. Handling of personal information is described in our Privacy Policy, and our security practices at bury-digital.com/security.html.

You represent that you have the rights and consents necessary to give us access to Client Data and Client Accounts for the purposes of the Project.

10. AI-assisted builds

Some Deliverables use AI to process or generate content. You acknowledge that AI outputs are generated automatically and may contain errors, and that you are responsible for reviewing outputs before relying on them for material decisions. We do not use your Client Data to train AI models.

11. Confidentiality

Each party agrees to keep the other's confidential information in confidence and not disclose it without consent, except as required by law or to perform under these Terms. Confidential information includes Client Data, business plans, pricing, and technical details.

12. Warranties and disclaimers

We will perform each Project with reasonable care and skill. Beyond the defect-fix window in clause 6, and to the maximum extent permitted by law, the Deliverables are provided "as is". We do not warrant that a Deliverable will be uninterrupted or error-free, or that third-party tools the Deliverables depend on will remain available or unchanged.

Nothing in these Terms excludes any guarantee, warranty, condition, or right that cannot lawfully be excluded under the Australian Consumer Law. Where a non-excludable guarantee applies, our liability for breach is limited (where permitted) to re-supplying the affected services or paying the cost of re-supply.

13. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, special, incidental, or consequential loss, including loss of profits, revenue, goodwill, or data. Our total aggregate liability in connection with a Project will not exceed the fees you paid us for that Project. This limitation does not apply to liability that cannot lawfully be excluded.

14. Indemnity

You agree to indemnify Bury Digital against any claim, loss, or expense (including reasonable legal costs) arising from your use of the Deliverables in breach of these Terms or any law, or from any claim that the way you operate the Deliverables (for example, messaging people without a lawful basis) infringed a third party's rights.

15. Termination

Either party may terminate an engagement if the other materially breaches these Terms and fails to cure within 14 days of written notice. If you terminate a Project part-way through for convenience, you remain liable for work performed up to that point and any non-refundable deposit. On termination we will hand over any completed work and stop accessing your Client Accounts.

16. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date reflects the most recent change. The Terms that applied when you accepted a Project's quote govern that Project.

17. Governing law and disputes

These Terms are governed by the laws of Victoria, Australia, and the parties submit to the exclusive jurisdiction of its courts. Before commencing proceedings (other than for urgent relief), the parties will attempt in good faith to resolve disputes by negotiation.

18. General

  • Assignment. You may not assign these Terms without our written consent. We may assign in connection with a sale of our business.
  • No waiver. Failure to enforce a provision is not a waiver of it.
  • Severability. If any provision is unenforceable, the rest remain in effect.
  • Entire agreement. These Terms, together with the accepted quote or proposal and the Privacy Policy, are the entire agreement between the parties for a Project.
  • Notices. Notices to us should be sent to oscar@bury.com.au.

19. Contact

Bury Digital
ABN 31 850 554 300
Email: oscar@bury.com.au