These Terms and Conditions ("Terms") govern your use of the EG Solutions website at egsolutions.com.au (the "Website") and the digital services provided by EG Solutions, a trading name of IT Inspire Pty Ltd (ABN 21 624 449 510), a company registered in New South Wales, Australia ("EG Solutions", "we", "us", or "our").
By accessing this Website or engaging EG Solutions for any service, you ("you", "your", or the "Client") agree to be bound by these Terms. If you do not accept these Terms, you must not use the Website or engage our services.
These Terms should be read together with our Privacy Policy, which forms part of these Terms.
EG Solutions is a Sydney CBD-based digital agency operating since September 2009. We were originally established as a sole trader and were formally incorporated in February 2018 as IT Inspire Pty Ltd, trading as EG Solutions Sydney. Our registered office is:
IT Inspire Pty Ltd t/a EG Solutions Sydney
ABN 21 624 449 510
Suite 5/48-50 George Street
Parramatta NSW 2150, Australia
Phone: 02 8041 3111 · Email: info@egsolutions.com.au
2.1 The content on this Website is provided for general information purposes only. It is subject to change without notice and does not constitute professional advice or an offer to enter into a contract.
2.2 You agree to use the Website lawfully and only for purposes that do not infringe the rights of any third party or restrict any third party's use of the Website. Prohibited use includes, but is not limited to:
2.3 We may suspend or terminate your access to the Website at any time, without notice and without liability, if we reasonably believe you are in breach of these Terms.
3.1 All content on this Website — including text, design, layout, graphics, logos, images, photographs, source code, and software — is owned by or licensed to EG Solutions and is protected by Australian and international copyright, trademark, and other intellectual property laws.
3.2 You may view and print pages from the Website for your own personal, non-commercial use. You must not otherwise reproduce, modify, distribute, or republish any Website content without our prior written consent.
3.3 The "EG Solutions" name and logo are trademarks of IT Inspire Pty Ltd. Other trademarks, service marks, and logos appearing on the Website are the property of their respective owners.
4.1 Quotes, proposals, packages, and pricing displayed on the Website are indicative only and do not constitute an offer. A binding contract is formed only when:
4.2 Where a written proposal exists, the terms of that proposal apply in addition to these Terms. If there is any conflict between a signed proposal and these Terms, the signed proposal prevails to the extent of the inconsistency.
4.3 We reserve the right to decline any project at our sole discretion.
5.1 Unless otherwise agreed in writing, EG Solutions invoices according to the following standard payment structure:
5.2 All prices quoted are in Australian Dollars (AUD) and exclude GST unless otherwise stated. GST will be added to invoices at the prevailing rate.
5.3 Invoices are payable within seven (7) days of issue unless otherwise specified. Acceptable payment methods are bank transfer (EFT), credit card, and direct debit.
5.4 If an invoice remains unpaid after the due date:
5.5 Refunds are at EG Solutions' sole discretion. Deposits are non-refundable once project work has commenced. For monthly retainers, no refunds are issued for partial months.
6.1 Project timelines provided in proposals are estimates and depend on timely client feedback, approvals, and content delivery. Delays caused by the Client (including failure to provide content, feedback, or approvals within reasonable timeframes) may extend the timeline and incur additional fees.
6.2 Each project includes the number of revision rounds specified in the proposal (typically three rounds for design and development). Additional revision rounds beyond the agreed scope are billable at our then-current hourly rate.
6.3 Scope changes requested after project commencement are handled by written variation. We will provide a quote for any out-of-scope work before commencing it. We do not perform out-of-scope work without written approval.
6.4 You are deemed to have accepted deliverables when:
7.1 On full payment of all fees relating to a project, ownership of the final deliverables (including custom code, custom designs, written content, and graphics created specifically for the Client) transfers to the Client.
7.2 EG Solutions retains ownership of:
7.3 EG Solutions reserves the right to display completed work in our portfolio, case studies, and marketing materials, and to identify the Client by name and logo, unless the Client has requested confidentiality in writing before project commencement.
7.4 You warrant that any content, images, copy, or other materials you provide to EG Solutions for use in the project do not infringe any third party's intellectual property rights. You indemnify EG Solutions against any claim arising from materials you supply.
8.1 Where you host your website with EG Solutions, our hosting service includes the items specified in your selected hosting plan. We do not guarantee 100% uptime; our service level commitment is 99.9% monthly uptime, measured as set out in the hosting plan.
8.2 If you host your website with EG Solutions but have not subscribed to a maintenance plan, we are not responsible for: WordPress core updates, theme or plugin updates, security monitoring, malware removal, performance optimisation, or content changes. These remain the Client's responsibility.
8.3 Maintenance plans are month-to-month with no minimum term. You may cancel with thirty (30) days' written notice. We may cancel or revise plan terms with sixty (60) days' written notice.
8.4 Domain names registered by EG Solutions on behalf of the Client are registered in the Client's name (where registry rules permit) and managed by EG Solutions during the engagement. Domain renewal is the Client's responsibility unless explicitly included in a maintenance plan.
9.1 EG Solutions may use, integrate, or recommend third-party services (e.g., WordPress plugins, payment gateways, email platforms, hosting providers, analytics tools) as part of project delivery. These third-party services are subject to their own terms and conditions, which the Client must comply with.
9.2 EG Solutions is not liable for changes to third-party services, including pricing changes, feature changes, deprecation, outages, or service termination. Where a third-party service materially changes and affects deliverables, we will work with the Client to identify a replacement, with any associated work invoiced as a variation.
10.1 Both parties agree to keep confidential any non-public information disclosed by the other party during the engagement, including business plans, financial information, customer data, and proprietary processes.
10.2 Confidentiality obligations survive the end of the engagement and continue indefinitely.
10.3 Confidentiality does not apply to information that: (a) is or becomes publicly available through no breach of these Terms; (b) was already known to the receiving party before disclosure; (c) is independently developed without reference to the other party's information; or (d) is required to be disclosed by law.
10.4 Where the engagement requires a separate Non-Disclosure Agreement, EG Solutions will sign a mutually acceptable NDA on request.
11.1 EG Solutions warrants that services will be provided with due care and skill, in accordance with industry standards, and as described in the relevant proposal.
11.2 To the extent permitted by law, EG Solutions excludes all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
11.3 The Website and its content are provided "as is" without warranty as to accuracy, completeness, timeliness, or suitability for any particular purpose. Your use of Website content is at your own risk.
11.4 To the maximum extent permitted by law, EG Solutions' total aggregate liability arising out of or in connection with these Terms or any project (whether in contract, tort, statute, or otherwise) is limited to the total amount paid by the Client to EG Solutions under the relevant project or service in the twelve (12) months preceding the event giving rise to the liability.
11.5 EG Solutions is not liable for any indirect, consequential, special, or punitive damages, including loss of profit, loss of revenue, loss of business opportunity, loss of data, or loss of goodwill, even if advised of the possibility of such damages.
11.6 Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot lawfully be excluded. Where our liability cannot be excluded but can be limited, our liability is limited (at our option) to: (a) the resupply of services; or (b) payment of the cost of having services resupplied.
12.1 You indemnify EG Solutions, its directors, employees, and contractors against all claims, damages, losses, costs, and expenses (including reasonable legal costs) arising from:
13.1 Either party may terminate a project engagement by written notice if the other party:
13.2 Monthly retainers (hosting, maintenance, SEO, marketing) may be terminated by either party with thirty (30) days' written notice without cause.
13.3 On termination:
14.1 The Website may contain links to third-party websites for your convenience. We do not endorse, control, or accept responsibility for the content, privacy practices, or availability of any linked website.
14.2 You may not link to this Website from another website without our prior written consent. Where consent is granted, links must not misrepresent the relationship between us or imply endorsement.
15.1 Your use of the Website and our services is also governed by our Privacy Policy, which sets out how we collect, use, and protect personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
16.1 Neither party is liable for any failure or delay in performing obligations under these Terms (other than payment obligations) caused by events beyond reasonable control, including natural disasters, pandemics, government actions, internet or utility outages, cyber-attacks, or third-party service failures.
17.1 We may amend these Terms at any time. The current version, with the effective date, will be published on this page. Continued use of the Website or our services after changes constitutes acceptance of the updated Terms.
17.2 For active client engagements, material changes to these Terms will be notified by email and will only apply to that engagement with the Client's written agreement.
18.1 These Terms are governed by the laws of New South Wales, Australia.
18.2 Both parties submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia for any dispute arising under or in connection with these Terms.
18.3 Before commencing any court proceedings, the parties agree to attempt to resolve the dispute through good-faith negotiation, including (where appropriate) mediation through the Resolution Institute or a similar Australian mediation body.
19.1 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force and effect.
19.2 Entire agreement: These Terms, together with any signed proposal and our Privacy Policy, constitute the entire agreement between the parties and supersede all prior representations or agreements.
19.3 Waiver: A failure or delay in exercising a right under these Terms does not constitute a waiver of that right.
19.4 Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to a related entity or a successor in business without your consent.
19.5 Notices: Notices under these Terms must be in writing and sent to the email address on file or by post to the registered office shown above.
If you have any questions about these Terms, please contact us:
EG Solutions
IT Inspire Pty Ltd · ABN 21 624 449 510
Suite 5/48-50 George Street Parramatta NSW 2150
Email: info@egsolutions.com.au
Phone: 02 8041 3111