Flare Industries Terms and conditions

Who operates this website

This website is operated by Kobi Peter Morris trading as Flare Industries (ABN 46 957 575 336), referred to in these terms as “Flare Industries”, “we”, “us” or “our”. You can contact us at contact@flareindustries.com.au.

When these terms apply

These terms govern access to and use of this website, including its guided project brief and contact forms. By using the website, you agree to these terms. If you do not agree, please stop using it.

These are website terms only. They do not amend, replace or override a proposal, statement of work, services agreement or other written agreement already accepted by you and Flare Industries. If there is an inconsistency, the signed or otherwise accepted project agreement applies to that project. A later update to these website terms does not retrospectively change an existing project agreement.

Lawful use

You must use the website lawfully and must not interfere with its operation, security or availability. You must not attempt unauthorised access, introduce malicious code, circumvent protective measures, submit unlawful or misleading material, use the forms to send spam, or scrape the website in a way that disrupts the service or unreasonably burdens its infrastructure.

Enquiries are not engagements

Sending an enquiry, completing the guided brief, requesting a quote or receiving an initial reply does not by itself engage Flare Industries or require either party to proceed. Our usual process is for both parties to agree the scope, price and commercial terms in writing before work begins. This describes our intended process and does not exclude any contract or obligation that arises under applicable law.

Unless we separately agree in writing, an enquiry is not confidential. Do not submit trade secrets, passwords, payment card details, health information or other sensitive or security-critical material through the website. If confidential information may be needed to assess a project, contact us first so appropriate arrangements can be considered.

Material you provide

You must have the authority and all necessary permissions to provide any text, files, names, contact details, logos, trade marks, images, links, data or other material submitted through or in connection with an enquiry, including material later sent by email. You must not provide material that infringes another person’s rights, breaches confidence or privacy, is unlawful, or contains malicious code.

You retain ownership of your material. You permit Flare Industries to access, copy and use it only as reasonably necessary to assess and respond to the enquiry, prepare a proposed next step or quote, and retain records required for security, dispute management or law. This permission does not allow us to publish your material or use it for unrelated marketing.

Information, examples and pricing

Website content helps you understand our services and plan a possible project. Prices marked with “~” mean approximately. These figures, calculator results, ranges and “starting from” amounts are indicative estimates based on the scope and assumptions shown, not binding quotes or an agreement to begin work. Your final quoted price may differ once we understand your requirements.

All estimates are in AUD. Flare Industries is not currently registered for GST and does not charge GST.

Our usual process is to provide a written proposal or quote before you decide to proceed. It confirms the agreed scope, final project price, delivery timing, payment terms, assumptions, exclusions, validity period and acceptance process. It also identifies required third-party services, their known or estimated costs, and whether you pay those providers directly. We may decline an enquiry if we are unavailable or not the right fit.

Website pricing distinguishes a managed build from Full Handover. A managed build has an upfront build price plus a paid support plan with a minimum term. Full Handover has a higher one-off build price and does not require an ongoing Flare support plan. The applicable build price, support charges and minimum total commitment are disclosed before you agree to either arrangement.

For a recurring support plan, the agreed scope identifies the monthly charge, included services or hours, minimum term, minimum total plan cost, and the arrangements for renewal or cancellation. Optional support is agreed separately; where a displayed managed-build price requires support, that condition forms part of the managed offer.

Software Discovery is normally a separate paid engagement to investigate requirements and define a proposed build. Its fee does not automatically include the subsequent build or become a credit against that build unless we expressly agree this in writing.

An accepted project agreement governs that project. A later website price or estimate does not change its agreed price or terms. If additional or changed work is requested, we agree the revised scope, cost and timing in writing before carrying out that variation.

Our content and client work

The Flare Industries name, branding, website design, text, graphics, code and original website content are owned by or licensed to us. You may view the website and share links to it for ordinary business purposes, but you may not reproduce, republish, modify or commercially exploit our content without prior written permission.

Client names, brands, trade marks and project material remain the property of their respective owners. We display client brands and work only where we have appropriate permission or other lawful authority, and only for the permitted portfolio or promotional purpose. Please contact us if you believe material has been displayed without authority.

Availability, security and third parties

We take reasonable steps to keep the website available, accurate and secure, but do not promise uninterrupted access, error-free operation or protection from every malicious event. Maintenance, internet failures, provider outages, software defects and events outside our reasonable control may affect the website.

The website relies on third-party infrastructure and may link to client websites, app stores or other external services. Those services are controlled by their operators and may change or become unavailable. Their own terms and privacy practices apply. We are not responsible for third-party content or conduct that we do not control, but this does not limit responsibility that the law does not permit us to exclude.

Liability and Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded or limited, including any applicable rights under the Australian Consumer Law.

Any stated 30-day defect-correction period is an additional service commitment and does not limit rights or remedies that apply under law after that period. Purchasing a support plan is not a condition of exercising those rights.

Subject to those non-excludable rights, each party remains responsible for loss that was reasonably foreseeable and directly caused by its breach of these website terms, negligence or unlawful conduct. To the extent permitted by law, Flare Industries is not responsible for indirect or consequential loss caused only by reliance on general website information, unauthorised use of the website, or a third-party service outside our control. This section is not a blanket exclusion of liability.

Privacy

Our Privacy Policy explains how information connected with website visits and enquiries is handled. Each form also includes a short collection notice at the point where information is submitted.

Changes to these terms

We may update these terms prospectively when the website, our services or applicable requirements change. The effective date above identifies the version that applies to website use from that date. Updates do not retrospectively alter an enquiry already submitted or any existing project agreement.

Governing law and severability

These website terms are governed by the laws of Victoria, Australia. You and Flare Industries submit to the non-exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from them.

If a provision is unlawful, invalid or unenforceable, it is to be read down to the extent necessary or, if that is not possible, severed. The remaining provisions continue to apply.

Contact

Questions about these terms can be sent to Kobi Peter Morris trading as Flare Industries at contact@flareindustries.com.au.