These terms govern your use of the Kova Systems website at kovasystems.com.au and the services we offer. By using the website or engaging us for services, you agree to these terms.
1. Acceptance
By accessing this website or engaging Kova Systems (ABN 91 950 795 357, "we", "us", "our") for design, development, or ongoing services, you agree to be bound by these terms. If you do not agree, please do not use the site or engage our services.
2. Scope of Service
Kova Systems provides website design, development, hosting coordination, SEO, and related digital services to Australian small businesses. Information on this website is general in nature and does not constitute professional, legal, or financial advice.
3. Client Engagements
Individual client engagements (website builds, ongoing care plans, add-ons) are governed by a separate written proposal, statement of work, or service agreement ("Engagement Agreement"). In the event of conflict between these terms and an Engagement Agreement, the Engagement Agreement prevails for that engagement.
Submitting the contact form does not create a binding contract. A contract exists only once we have issued a proposal and both parties have signed or otherwise accepted it in writing.
4. Fees & Payment
Fees are set out in the applicable Engagement Agreement. Unless otherwise agreed in writing:
- Prices quoted on this website are in Australian dollars (AUD) and exclusive of GST
- New projects require a deposit before work commences
- Invoices are payable within 7 days of issue
- Overdue amounts may incur interest at the RBA cash rate plus 2% per annum
5. Intellectual Property
All content on this website — including text, graphics, logos, images, and code — is owned by Kova Systems or its licensors and is protected by Australian and international copyright law. You may not reproduce, distribute, or create derivative works without our written permission.
For client projects, ownership of the delivered website is typically transferred to the client on full payment, as specified in the Engagement Agreement. Kova Systems retains the right to display completed work in its portfolio and marketing materials unless otherwise agreed.
6. Client Content
Clients retain ownership of any content they supply to us (text, images, logos, brand assets). By providing content, the client grants Kova Systems a non-exclusive licence to use, modify, and incorporate that content into their website and related deliverables. Clients warrant that they have the rights to any content they supply.
7. Warranties & Disclaimers
We take reasonable care to ensure information on this website is accurate and up to date. However the website is provided "as is" without warranties of any kind, except as required by law. We do not warrant that the site will be uninterrupted, error-free, or free from viruses or other harmful components.
For client deliverables, specific warranties are set out in the Engagement Agreement.
8. Limitation of Liability
To the maximum extent permitted by law, our total liability to you for any claim arising out of your use of the website or our services is limited to the amount you have paid us in the 12 months preceding the claim, or AUD $100 if no fees have been paid.
We are not liable for indirect, incidental, consequential, or special damages, including loss of profits, revenue, data, or business opportunities.
9. Australian Consumer Law
If you are a "consumer" under the Australian Consumer Law, you have statutory guarantees that operate alongside these terms. The limitations in section 8 apply only to the extent permitted by law.
10. Termination
We reserve the right to suspend or terminate access to the website at any time, with or without notice, for any reason. Termination of a client engagement is governed by the applicable Engagement Agreement.
11. Acceptable Use
You agree not to:
- Use the site for any unlawful purpose or in breach of any applicable law
- Attempt to gain unauthorised access to any part of the site, its server, or connected systems
- Interfere with the proper operation of the site, including introducing malware or excessive automated requests
- Scrape, harvest, or extract data from the site without our prior written consent
- Misrepresent your identity or affiliation when contacting us
12. Third-Party Services
The website and our services integrate with third-party providers, including Coolify / VPS infrastructure (hosting), useSend / Amazon SES (email), Google (analytics), Microsoft (analytics), and others. Their services are governed by their own terms and privacy policies. We are not responsible for the acts or omissions of third-party providers, but we select reputable providers and monitor their performance on your behalf.
13. Governing Law
These terms are governed by the laws of New South Wales, Australia. Any dispute will be subject to the exclusive jurisdiction of the courts of New South Wales.
14. Changes
We may update these terms from time to time. Changes will be reflected by updating the "Last updated" date at the top of this page. Continued use of the site after changes constitutes acceptance of the revised terms.
15. Contact
Kova Systems
ABN: 91 950 795 357
Email: [email protected]
Phone: 02 5760 7931
Location: Sydney, NSW, Australia