These terms govern your use of TripleGem IT Solutions' services. Please read them carefully before engaging with our services to understand your rights and obligations.
Here's what you need to know in plain language:
We provide professional IT services including web development, mobile apps, and digital solutions.
You retain ownership of your content; we retain ownership of our code and proprietary tools.
Payment is due according to the agreed schedule in your project contract.
By accessing or using the services provided by TripleGem IT Solutions ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access or use our services.
These Terms apply to all visitors, users, clients, and others who access or use our services. By using our services, you represent that you are at least 18 years old and have the legal capacity to enter into binding contracts.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
TripleGem IT Solutions provides professional IT and digital services including but not limited to:
The specific scope of services will be defined in individual project agreements or statements of work entered into between you and TripleGem IT Solutions.
We strive to maintain high availability of our services but do not guarantee uninterrupted access. We reserve the right to modify, suspend, or discontinue any service at any time with reasonable notice to affected clients.
To access certain features of our services, you may be required to create an account. When creating an account, you agree to:
All information you provide must be truthful, accurate, current, and complete.
You are responsible for safeguarding your account credentials and for any activities under your account.
You must promptly update your account information if any changes occur.
You must immediately notify us of any unauthorized access or security breach.
We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for extended periods.
All content, features, and functionality of our services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are owned by TripleGem IT Solutions or our licensors and are protected by intellectual property laws.
Unless otherwise specified in a project agreement, we retain ownership of all pre-existing intellectual property, proprietary tools, frameworks, and methodologies used in delivering our services.
You retain all rights to your pre-existing intellectual property, including trademarks, content, data, and materials you provide to us for use in your project.
Upon full payment, you will receive ownership or license rights to the deliverables as specified in your project agreement. Custom code developed specifically for your project typically transfers to you upon full payment, subject to the terms of your specific agreement.
Unless otherwise agreed in writing, we reserve the right to display completed work in our portfolio, case studies, and marketing materials for the purpose of showcasing our capabilities to prospective clients. We will not disclose confidential information without your consent.
Payment terms are established in individual project agreements. Our standard payment policies include:
A deposit (typically 30-50%) is required before work commences on most projects.
For larger projects, payments may be structured around agreed-upon milestones.
Invoices are due within 15 days of receipt unless otherwise specified.
Late payments may incur interest at 1.5% per month and may result in work suspension.
Important: Full payment must be received before final deliverables, source code, or access credentials are transferred. Work in progress may be paused if payments are overdue by more than 15 days.
Both parties agree to keep confidential any proprietary or sensitive information shared during the course of our business relationship. Confidential information includes, but is not limited to:
This confidentiality obligation survives the termination of our business relationship. For projects requiring additional confidentiality protections, we are happy to enter into separate Non-Disclosure Agreements (NDAs).
We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. For custom development projects, we provide a warranty period (typically 30-90 days after delivery) during which we will fix defects at no additional charge.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that our services will be uninterrupted, error-free, or completely secure. We do not warrant that any specific results will be achieved from using our services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRIPLEGEM IT SOLUTIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
Our total liability for any claims arising from or related to our services shall not exceed the total amount paid by you to us in the twelve (12) months preceding the claim.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.
You agree to indemnify, defend, and hold harmless TripleGem IT Solutions and our officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
Either party may terminate the service agreement under the following conditions:
Either party may terminate with 30 days written notice. Client remains responsible for payment of work completed through the termination date.
Either party may terminate immediately if the other party materially breaches these Terms and fails to cure such breach within 15 days of written notice.
Upon termination, you must pay for all services rendered. We will provide any completed deliverables and assist with reasonable transition activities.
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
Any disputes arising out of or relating to these Terms or our services shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in Osborne Park, Western Australia.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.
We reserve the right to modify these Terms at any time. When we make changes, we will update the "Effective Date" at the top of this page and, for material changes, provide additional notice such as adding a statement to our website or sending you an email.
Your continued use of our services after any changes become effective constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
If you have any questions about these Terms of Service, please contact us:
TripleGem IT Solutions
Legal Department
123 Innovation Drive
175 Main Street, Osborne Park, WA 6017