Who these terms apply to
These terms apply when you engage Dainty Trading ("we," "us") for a paid project — a sprint-based product build, automation retrofit, AI infrastructure work, or SEO/GEO/website engagement — as described on our services page. They don't apply to your use of our own portfolio products (each of those has its own terms on its product page or app).
How engagements work
We work in fixed-scope sprints. Before any paid work starts, we send a written scope: what we're building, the price, and the timeline. Work begins once you accept that scope and pay the deposit (where one applies). If scope changes materially once work is underway, we'll re-quote the affected part rather than silently absorb or bill it.
Typical engagement lengths and starting prices are listed on the services page and its sub-pages — these are indicative "from" prices; your actual quote depends on scope.
Payment
- Fixed-price project work (product builds, retrofits, infrastructure, SEO/GEO setups, website builds): invoiced per the schedule in your written scope — typically a deposit to begin, with the balance due on delivery or at agreed milestones.
- Month-to-month plans (e.g. the SEO/GEO growth plan): billed monthly in advance. Cancel anytime — you're billed for the current month only, with no further charges after cancellation.
- Late payment: if an invoice isn't paid within 14 days of the due date, we may pause work until it's settled. If it remains unpaid more than 30 days past due, we may terminate the engagement — see Term and termination below.
Prices on this site are in USD unless otherwise stated on the specific service page.
Cancellations and refunds
Month-to-month plans can be cancelled at any time with no cancellation fee; you remain responsible for the month already billed. For fixed-price project work, deposits cover scoping and work already committed to your project and are non-refundable once work has started, unless we fail to deliver the agreed scope — in that case, contact us and we'll work out a fair resolution on a case-by-case basis. Nothing in this section limits any right to a refund, repair, or replacement you have under the Australian Consumer Law that cannot lawfully be excluded. Audit fees that are credited toward a subsequent setup engagement (as advertised on the relevant service page) are applied per that page's terms.
Intellectual property
Once an invoice for a deliverable is paid in full, we assign to you all right, title, and interest — including copyright — in the custom code, content, and assets built specifically for your project. This doesn't include:
- Our own pre-existing tools, libraries, internal frameworks, and shared infrastructure (for example, common billing, gateway, or evaluation components we reuse across client and portfolio projects) — we retain ownership of these and grant you a perpetual, royalty-free licence to use them as part of your delivered product.
- Third-party software, open-source components, or paid services (Stripe, hosting providers, model providers, etc.) — these remain governed by their own licences and terms.
Confidentiality
We treat details of your project, business, and any data you share with us as confidential, and won't disclose them to third parties except as needed to deliver the engagement (e.g. to a sub-processor named in your scope) or as required by law. We're happy to sign a mutual NDA before scoping begins if you'd like one in place.
Data and privacy
Where an engagement involves us handling personal information — for example, your customers' data as part of an automation or AI infrastructure build — we handle it in line with the Australian Privacy Act 1988 and the Australian Privacy Principles. We don't use your data to train or improve tools outside your engagement without your written consent, and we retain it only for as long as needed to deliver and support the engagement.
Warranties
We warrant that we'll perform the work described in your written scope with reasonable skill and care. Beyond that, deliverables are provided "as is" — we don't warrant that software will be error-free or uninterrupted, or that any particular business outcome (rankings, conversions, revenue) will result from SEO/GEO or automation work, since those depend on factors outside our control.
Limitation of liability
To the extent permitted by law, our total liability arising from any engagement is limited to the total amount you paid us for that engagement. We're not liable for indirect, consequential, or lost-profit damages. Nothing in these terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Australian Consumer Law or other applicable law that cannot lawfully be excluded — including any right to a refund, repair, or replacement.
Term and termination
Either party may terminate a fixed-price engagement for convenience by giving written notice; you pay for work completed up to that point. We may terminate immediately if an invoice remains unpaid more than 30 days past due. Month-to-month plans terminate per the Cancellations section above.
Governing law
These terms are governed by the laws of Australia. Any dispute not resolved informally will be subject to the exclusive jurisdiction of the courts of Australia.
General
If a dispute arises, we'll first try to resolve it through good-faith negotiation and, if that fails, mediation, before either party commences court proceedings.
Neither party is liable for delay or failure to perform caused by circumstances beyond their reasonable control (for example, natural disasters, outages of third-party infrastructure, or changes in law).
If any provision of these terms is found unenforceable, the remaining provisions continue in full force. You may not assign your rights or obligations under an engagement without our written consent. Formal notices under these terms should be sent to the contact details on our contact page.
Changes to these terms
We may update these terms from time to time. The "Last updated" date at the top of this page reflects the most recent change. For an active engagement, the terms in force at the time your scope was accepted continue to apply to that engagement unless we agree otherwise in writing.
Contact
Questions about these terms: [email protected]