ClyOps Master Services Agreement (AU)
Version 1.0 — effective on acceptance at checkout.
This Master Services Agreement ("MSA") is between ClyOps Group Ltd ("ClyOps", "we", "us") and the client identified at Stripe Checkout ("Client", "you"). It governs all services provided by ClyOps.
1. Scope of Services
Same scope as the UK MSA — see tier selection at checkout for details.
2. Payment Terms
- One-time build fee + first month's subscription charged at checkout via Stripe
- Subscription auto-renews monthly until Client cancels
- All prices in GBP; AUD equivalents calculated at Stripe's prevailing exchange rate
- GST added where applicable under Australian tax law
- Failed payments: Stripe Smart Retries (days 1, 3, 5, 7). After day 8, escalation email. After day 22, site suspended. After day 37, site taken down
3. Cancellation
- Monthly subscription: cancel anytime from Stripe Customer Portal. No refund on current billing period.
- One-time build fee: consumer guarantees under the Australian Consumer Law apply. If the service is not rendered with due care and skill, Client is entitled to a remedy. Full refund available before kickoff (within 14 days of payment). Pro-rated refund within 14 days if cancelled after kickoff. After 14 days: no refund on the one-time fee.
4. Intellectual Property
Same as UK MSA clause 4.
5. Confidentiality
Same as UK MSA clause 5.
6. Subcontractors
Same as UK MSA clause 6.
7. Data Protection
ClyOps handles personal information in accordance with the Australian Privacy Principles under the Privacy Act 1988. ClyOps will:
- Collect only personal information reasonably necessary for service delivery
- Take reasonable steps to protect personal information
- Allow Client to access and correct personal information ClyOps holds about them
- Notify Client of eligible data breaches in accordance with the Notifiable Data Breaches scheme
8. Limitation of Liability
- Where permitted by the Australian Consumer Law, ClyOps' aggregate liability is limited to fees paid by Client in the 12 months preceding the claim
- Nothing in this MSA excludes consumer guarantees that cannot be excluded under the Australian Consumer Law
9. Governing Law
This MSA is governed by the laws of New South Wales, Australia. Disputes are subject to the exclusive jurisdiction of the courts of New South Wales.
Before formal proceedings, both parties agree to attempt resolution through good-faith discussion.
10. Acceptance
Same as UK MSA clause 10.
ClyOps Group Ltd · rajiv@clyops.com · https://clyops.com