Terms of service

Last updated: April 2026

These terms of service (the “Terms”) govern your use of the Tysoft website and any engagement under which we provide professional software engineering services (“Services”) to you or your organisation (“Client”). Tysoft Pty Ltd (“we”, “us”) is an independent software engineering practice based in Coffs Harbour, NSW, Australia, ABN 15 681 756 696. By engaging us, you agree to these Terms. Where a written statement of work (“SOW”) is signed between us, the SOW prevails over these Terms in the event of conflict.

1. Services we provide

We provide professional software engineering services, including:

• Embedded engineering on client product teams (time-and-materials).
• Fixed-scope projects, including platform builds, integrations, and feature delivery.
• Architecture reviews, technical advisory, and code review.
• End-to-end SaaS development partnerships.

We do not sell physical goods, downloadable software products, or subscriptions through this website. All Services are delivered under individually negotiated agreements.

2. How an engagement begins

A typical engagement runs as follows: (i) you submit an enquiry; (ii) we hold a free discovery call to understand the scope; (iii) we provide a written proposal and SOW setting out scope, deliverables, fees, timeline, and any assumptions; (iv) once both parties countersign the SOW, work begins. No work is undertaken, and no fees are incurred, until a SOW is signed.

3. Fees, currency, and invoicing

All fees are quoted and payable in Australian Dollars (AUD). Unless stated otherwise in the SOW, prices are exclusive of Goods and Services Tax (GST), which is added at the prevailing Australian rate where applicable.

Invoicing is structured according to the engagement type:

• Time & materials — invoiced fortnightly in arrears for hours actually delivered, supported by a timesheet.
• Fixed scope — invoiced against agreed milestones set out in the SOW. Many fixed-scope engagements involve a deposit (typically 25–50% of the project fee) payable on commencement.
• Retainer — invoiced monthly in advance for the agreed reserved capacity.

Invoices are payable within 14 days of issue unless otherwise agreed in the SOW. Invoices are processed through Stripe and may be paid by card, direct debit, or bank transfer where supported. Overdue invoices may attract interest at the rate set out in the SOW or, if none, at the Reserve Bank of Australia cash rate plus 4% per annum, accruing daily.

4. Cancellation and refund policy

Because the Services are professional engineering work delivered in time, our cancellation and refund terms differ from those of a goods retailer. The following terms apply unless your SOW states otherwise.

4.1 Time & materials engagements

• Either party may end a time-and-materials engagement on 14 days’ written notice.
• Hours already delivered up to the effective end date are non-refundable.
• Any prepaid hours not yet delivered will be refunded in full within 14 days of the engagement ending.

4.2 Fixed-scope engagements

• The SOW sets out milestones and the fees attached to each. Fees for milestones already accepted by the Client are non-refundable.
• If the Client cancels before any milestone is delivered, a refund of the deposit will be made less reasonable costs for any work already performed and any third-party costs already committed by us. Where no work has yet been performed, the deposit is refunded in full.
• If we are unable to deliver a milestone for reasons within our control and cannot agree a remedy with the Client, we will refund the relevant milestone fee.

4.3 Retainers

• Retainers run for a minimum initial term of three months, after which they are month-to-month.
• After the minimum term, either party may end the retainer on 30 days’ written notice.
• Reserved hours within a month do not roll over and are not refundable if unused, unless we have failed to make capacity available to you.

4.4 How to request a refund or cancellation

All cancellation and refund requests should be sent in writing to hello@tysoft.co. We will respond within five business days. Approved refunds are processed back to the original payment method via Stripe and typically appear within 5–10 business days, depending on your bank.

4.5 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Competition and Consumer Act 2010 (Cth) or any other legislation, the exclusion of which would contravene that legislation or cause any part of these Terms to be void.

5. Intellectual property

Subject to full payment of all fees due under the SOW, we assign to the Client all intellectual property rights in the deliverables created specifically for the Client under the engagement. We retain ownership of any pre-existing tools, libraries, methodologies, or know-how used to produce the deliverables, and grant the Client a perpetual, non-exclusive, royalty-free licence to use them as embodied in the deliverables.

6. Confidentiality

Each party will keep the other’s confidential information confidential, will use it only for the purposes of the engagement, and will protect it with at least the same degree of care it uses to protect its own confidential information. This obligation survives termination for five years.

7. Warranties and limitation of liability

We will perform the Services with the due care and skill expected of a senior software engineer. To the maximum extent permitted by law, all other warranties (whether express or implied) are excluded.

To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with an engagement, whether in contract, tort (including negligence), or otherwise, is limited to the fees actually paid by the Client to us under the relevant SOW in the 12 months preceding the event giving rise to the claim. Neither party is liable for indirect, consequential, or special losses, including loss of profit, revenue, or data.

8. Term and termination

Either party may terminate an engagement immediately by written notice if the other party (i) commits a material breach that is not remedied within 14 days of written notice, or (ii) becomes insolvent or enters into external administration. On termination, the Client must pay all fees due for Services performed up to the effective date of termination, and we will deliver any work in progress in its current state.

9. Governing law

These Terms are governed by the laws of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of New South Wales for any dispute arising under or in connection with these Terms.

10. Use of this website

This website is provided for general information about Tysoft Pty Ltd. The information on it does not constitute professional advice. We may modify the website and these Terms at any time. Continued use of the website after changes are posted constitutes acceptance of the revised Terms.

11. Contact

Questions about these Terms can be sent to:
Tysoft Pty Ltd
Email: hello@tysoft.co