These Terms of Service (this “Agreement”) between Flowcurve, (“we”, “us” or “Flowcurve”) and you (“Client”) govern your access and use of our website design and development platform made available through www.flowcurve.io (this “Site”) and the subscription or other services we provide (the “Services”).  By using our Site and accessing our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement. 

In the case of project work, the Client is entitled to 5 revisions of the work conducted by Flowcurve where a revision refers to an alteration of the agreed upon designs. Any revisions exceeding this amount will be chargeable at a rate of $85 USD per hour. 

In the case of project work, the client may request a refund in the event they are unsatisfied with the final submitted works. The request must be made in good faith, with a detailed explanation as to why the work has not met their expectations. All refunds are at the discretion of the Flowcurve team.

The Client agrees to compensate the fee/s for services offered on Flowcurve website and/or outlined in the project proposal or service agreement. In the case of where payment is collected in instalments the following terms apply:
- The first payment is due immediately unless otherwise specified, and is required for us to begin working on the project. 
- Subsequent payments will be outlined in the project proposal. We will issue an invoice at the agreed upon stages for this/these payments. 
- The final instalment is due upon completing the project and must be paid before final transfer of the site/project/assets from us to the client. We will issue an invoice once the site/project has been completed and approved by the client.

In the case where payment terms are not previously specified, the terms will be included in the invoice.

The Parties agree that in the event that the invoice/s is not paid within seven days of receiving them, we will be entitled to charge a late fee of $49 USD for every day the invoice is overdue. Flowcurve will invoice the Client for the late fees weekly starting seven days from the invoice due date. 

All terms and conditions of this Agreement and any confidential information must be kept confidential unless disclosure is required pursuant to the process of law. 
Disclosing or using this information for any purpose beyond the scope of this Agreement, or beyond the exceptions set forth above, is expressly forbidden without the prior consent of the Parties.
The Parties agree that the confidentiality clause in this Agreement will remain active and in power even upon the termination of this Agreement.

Flowcurve agrees that any intellectual property provided to him/her by the Client will remain the sole property of the Client (and clients of the Client) including, but not limited to, copyrights, patents, trade secret rights, and other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, works of authorship, confidential information or trade secrets.
Flowcurve will refraim from using such intellectual property upon the termination of this Agreement.
All assets produced by Flowcurve during the course of an engagement with the Client will remain the property of Flowcurve until final payment has been received. Flowcurve reserve the right to withhold the transfer of any assets produced during an engagement with the Client until payment is completed in full.

For any agreement/service with an agency, where Flowcurve is delivering work on behalf of the Client (white-labelling), Flowcurve agrees not to engage or pursue those client whilst an active Agreement is in place with the Client, and for 6 months after termination of any Agreement.

Flowcurve may engage a third-party service or sub-contractor to perform some or all of the tasks required under this Agreement.

This Agreement shall be governed by and construed in accordance with the laws of Australia.

The Parties agree that any amendments made to this Agreement must be in writing, where they must be signed by both Parties to this Agreement. Accordingly, any amendments made by the Parties will be applied to this Agreement.

This Agreement contains the entire agreement and understanding among the Parties to it with respect to its subject matter and supersedes all prior agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to its subject matter. The express terms of the Agreement control and supersede any course of performance and/or usage of the trade inconsistent with any of its terms.

The Parties agree and disclose that they are fully authorized to enter this Agreement. Both Parties’ performances and obligations are not to violate the rights of any third party or else violate other if any, agreements made between them and/or any other organization, person, business or law/governmental regulation. 

Flowcurve warrants to complete the Services listed in this Agreement as per the Client’s requirements and specifications. However, Flowcurve does not represent or warrant that such services provided in this Agreement will create additional sales, exposure, brand recognition, profits or other benefits to the Client. In addition to the above, Flowcurve holds no responsibility towards the Client in the event that the delivered work does not lead to the Client’s desired results. 

Under no circumstances will either party be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this Agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other forms of action) in the event that such is not related to the direct result of one of the Parties’ negligence or breach.

In the event that any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, then the remaining provisions will remain in force in accordance with the Parties’ intention.