Client terms of engagement.

Last updated: October 2026

These terms apply to services provided by Foundry 11 (ABN 87 176 788 968) ("Foundry 11", "we", "us") to you, our client ("you"). Together with the proposal or quote you accept (the "Proposal"), they form our agreement. If anything in the Proposal conflicts with these terms, the Proposal applies.

1. Scope of work

1.1 We'll provide the services, phases and deliverables described in the Proposal.

1.2 Anything not described in the Proposal is outside the scope. If you ask for changes or extra work, we'll confirm the impact on fees and timing in writing before we start it.

2. Fees and payment

2.1 Fees are set out in the Proposal, usually as a fixed fee for each phase. Unless stated otherwise, fees are in Australian dollars and exclude GST.

2.2 We'll invoice in line with the Proposal. Invoices are payable within 7 days of the invoice date.

2.3 If an invoice is overdue, we may pause work until it's paid. Timelines will move accordingly.

2.4 Third-party costs, such as software subscriptions, apps or integration licences, are not included in our fees unless the Proposal says so.

3. HubSpot and other software subscriptions

3.1 If you buy or upgrade a HubSpot subscription through us, the subscription is also subject to HubSpot's own customer terms. The HubSpot account and the data in it remain yours.

3.2 We're not responsible for changes a software provider makes to its products, features, pricing or terms, or for outages on its platform.

4. Your responsibilities

4.1 To keep the project on track, you agree to:

• give us timely access to the systems, accounts and people we need;
• provide accurate information, content and decisions when we ask for them;
• review and approve work within a reasonable time; and
• keep backups of your data and confirm you have the right to give us access to it.

4.2 If delays on your side affect the timeline, we'll agree a revised schedule with you. Significant delays may affect fees.

5. Data and privacy

5.1 While delivering the services we may access personal information you hold. We'll only use it to deliver the services, keep it confidential, and handle it in line with Australian and New Zealand privacy law and our Privacy Policy.

5.2 You remain responsible for your own data, including having a lawful basis to collect and use it, and for your own privacy obligations to your customers.

5.3 Before a data migration or integration goes live, we'll test it with you. You're responsible for confirming the results meet your needs before switching over.

6. Intellectual property

6.1 Once you've paid for them in full, you own the deliverables we create specifically for you, such as your website design, content and HubSpot configuration.

6.2 We keep ownership of our pre-existing tools, methods, templates and know-how, and grant you a licence to use any that form part of your deliverables for your business.

6.3 Third-party software, themes, fonts and images remain subject to their own licences.

7. Confidentiality

Each of us will keep the other's confidential information confidential and only use it for the purposes of this agreement, unless disclosure is required by law.

8. Warranties and liability

8.1 We'll provide the services with due care and skill.

8.2 Nothing in these terms excludes any rights you have under the Australian Consumer Law or New Zealand's Consumer Guarantees Act 1993 that can't be excluded. Where the law allows, our liability for a failure to comply with a consumer guarantee is limited to supplying the services again or paying the cost of having them supplied again.

8.3 To the extent permitted by law, we aren't liable for indirect or consequential loss, including lost profits, revenue or data, and our total liability under this agreement is limited to the fees you've paid us for the phase of work the claim relates to.

9. Ending the agreement

9.1 Either of us may end this agreement with 30 days' written notice.

9.2 Either of us may end it immediately if the other seriously breaches it and doesn't fix the breach within 14 days of being asked to.

9.3 If the agreement ends, you'll pay for work completed up to the end date, and we'll hand over completed deliverables once paid.

10. Disputes

If a dispute arises, we'll both try to resolve it in good faith by talking first. If we can't resolve it within 30 days, either of us may take it further.

11. General

11.1 We may describe the type of work we've done for you in our marketing, without disclosing confidential information. If you'd prefer we didn't, just let us know.

11.2 These terms are governed by the laws of New South Wales, Australia. For New Zealand clients, nothing in these terms limits rights you have under New Zealand law that can't be excluded.

11.3 We may update these terms from time to time. The version in place when you accept a Proposal applies to that Proposal.