Terms & Conditions

These Terms & Conditions govern your use of ontrasys.com and any Ontrasys account, community or service that refers to them.

Ontrasys (ABN 86 326 637 689) is an Australian sole-trader business based in Western Australia. “Ontrasys”, “we”, “us” and “our” refer to that business. “You” refers to the person using the website or, where applicable, the client organisation they are authorised to represent.

01 About Ontrasys and acceptance

Ontrasys designs, builds, improves and supports connected online learning, membership, community, client-support and automation systems. It may also provide related technical advice, implementation, maintenance and human-led AI assistance.

By using the website, submitting an enquiry, creating an account, accessing a community area, or accepting a service that incorporates these Terms, you agree to them. If you use Ontrasys for an organisation, you confirm that you have authority to act for that organisation.

You must be at least 18 years old to purchase or enter into a service engagement with Ontrasys.

02 Website use

You may use the public website for lawful information, evaluation and communication. You must not:

• interfere with the website, its security or another person’s access;
• attempt to gain unauthorised access to an account, system or data;
• introduce malware, harmful code, automated abuse or excessive traffic;
• scrape, reproduce or republish substantial website content without permission;
• misrepresent your identity, authority, business or intentions;
• submit unlawful, misleading, infringing, harmful or confidential material without authority; or
• use the website or Ontrasys services to violate another person’s rights or applicable law.

Submitting the Contact form starts a conversation only. It does not create a client relationship, reserve capacity, guarantee a proposal or require either party to proceed.

03 Service agreements take priority

Most Ontrasys client work is defined in an accepted proposal, statement of work, order, invoice, support plan, email confirmation or other written service agreement.

That specific agreement may set the scope, deliverables, timetable, fees, payment schedule, client dependencies, access arrangements, support level, third-party costs, ownership, licence terms, cancellation rights and data-handling requirements.

04 Services and scope

Services may include discovery, strategy, design, development, configuration, migration, integration, hosting coordination, maintenance, troubleshooting, community or membership setup, workflow automation, training, documentation and support.

Only work expressly included in the applicable service agreement is in scope. Estimates and timeframes depend on timely access, decisions, content, approvals and third-party availability. A request, conversation, example or recommendation does not add work to scope unless the parties agree to the change.

Ontrasys may use employees, contractors or specialist providers where reasonably appropriate while remaining responsible for managing the agreed service.

05 Client responsibilities

For a service engagement, the client agrees to:

• provide accurate requirements, timely decisions, content, access and feedback;
• nominate people authorised to give instructions and approvals;
• ensure it has the rights and permissions needed for all content, data, software, domains and accounts it supplies;
• protect credentials and use secure access-sharing methods agreed with Ontrasys;
• review and test deliverables within agreed review periods;
• maintain lawful notices, consents and business practices for its own customers, members, learners and staff;
• pay third-party fees and maintain licences allocated to the client unless the agreement says Ontrasys will manage them; and
• avoid directing Ontrasys to perform unlawful, deceptive, insecure or unauthorised work.

Delays or additional work caused by missing access, late decisions, changed requirements, inaccurate information or third-party restrictions may affect timing and cost.

06 Fees, payment and tax

Fees, currency, billing milestones, due dates and any recurring charges are stated in the relevant proposal, order, invoice or service agreement. Unless that document says otherwise, quoted fees cover only the stated scope and exclude third-party products, licences, transaction charges and expenses.

You agree to provide accurate billing information and pay undisputed amounts by their due date. If an amount is overdue, Ontrasys may pause affected work or access after reasonable notice, subject to applicable law and the specific agreement.

Ontrasys is not currently registered for GST, so GST is not added to fees. If that status changes, applicable tax treatment will be shown on the relevant quote or invoice. You are responsible for any taxes, duties or bank charges that the agreement lawfully allocates to you.

Payment providers, banks and accounting services operate under their own terms. Ontrasys does not store full payment-card details on this website.

07 Changes, cancellation and refunds

Either party may propose a change to scope, timing or deliverables. A material change should be agreed in writing and may require a revised fee, schedule or service arrangement.

Cancellation, notice periods, renewals, credits and refunds are governed by the specific offer or service agreement. If no specific term applies, contact Ontrasys promptly so the parties can assess work completed, committed third-party costs, reserved capacity, materials supplied and services already provided.

Amounts for completed work, consumed services and non-cancellable third-party commitments may remain payable. Nothing in this section limits any refund, cancellation, consumer guarantee or other remedy that cannot lawfully be excluded.

08 Accounts and access

Some Ontrasys areas or services may require an account. You must provide accurate information, protect your login details and notify us if you suspect unauthorised access.

Unless otherwise agreed, access is personal to the registered user or authorised staff member. You must not share credentials, bypass access restrictions, resell access or permit unauthorised people to use restricted content or systems.

Access may depend on an active service, valid payment, assigned role or client authorisation. We may adjust permissions where reasonably necessary for security, administration, support or the end of an engagement.

09 Community conduct

If Ontrasys provides a community, discussion or collaborative area, you agree to participate respectfully and responsibly. You must not post or share material that is abusive, discriminatory, defamatory, threatening, deceptive, unlawful, infringing, malicious, spam, or a breach of another person’s privacy or confidence.

Do not copy or share another member’s posts, screenshots, business details, personal stories or private messages outside the relevant area without permission.

Ontrasys may review, moderate, move, restrict or remove content and may limit participation where reasonably necessary to protect members, systems, service quality or legal rights. Moderation does not mean we endorse or pre-approve everything members post.

10 Submitted content

You retain ownership of content you submit. You grant Ontrasys a non-exclusive licence to host, copy, process, display, transmit and adapt that content only as reasonably necessary to operate the relevant website, account, community, support process or agreed service.

You confirm that you have the right to submit the content and that Ontrasys’s authorised use of it will not infringe another person’s rights or law.

Ontrasys will not publish an identifiable testimonial, private feedback or client story for marketing without permission. We may use de-identified operational learnings that do not reveal confidential information or identify a client or person.

11 Client materials and permissions

A client retains its rights in logos, brand material, course content, member information, copy, images, recordings, data and other material it provides.

The client grants Ontrasys and approved service providers permission to access, copy, transform, migrate, test and store those materials to the extent reasonably necessary for the agreed service.

The client is responsible for obtaining licences, consents and permissions from its staff, learners, members, customers and content owners. Ontrasys may pause or refuse use of material that appears unlawful, unsafe, deceptive or unauthorised.

12 Intellectual property

Ontrasys retains ownership of its pre-existing know-how, processes, templates, reusable components, documentation methods, designs, code, automation patterns and other materials developed independently of a client engagement.

Ownership or licensing of project-specific deliverables is governed by the applicable service agreement. Unless that agreement says otherwise, Ontrasys grants the client a non-exclusive licence to use paid deliverables for the client’s own business purposes, subject to third-party licences and these Terms.

Neither party receives ownership of the other party’s names, trademarks or pre-existing materials merely because they are used in a project. Open-source software, stock assets, hosted services and other third-party components remain subject to their own licences.

13 Automation and AI-assisted work

Ontrasys may use human-supervised automation and AI-assisted tools for research, planning, drafting, classification, summarisation, coding assistance, testing, troubleshooting, quality review and workflow support.

Nino remains responsible for directing the engagement and reviewing material work in context. AI-assisted output can contain errors, omissions or unsuitable assumptions and should not be treated as independently authoritative.

Ontrasys will not intentionally deploy an autonomous workflow that sends communications, changes production data, makes purchases, grants access or takes another consequential action for a client unless that capability and its safeguards are expressly agreed.

The client remains responsible for final business, legal, financial, compliance and publication decisions. Any special restrictions on the use of client data with automation or AI services should be recorded in the service agreement before the relevant data is supplied.

14 Third-party services

Websites and connected systems often depend on third-party hosting, domains, plugins, APIs, payment services, email delivery, storage, video, security, analytics and other providers.

Third-party services are governed by their own prices, licences, acceptable-use rules, privacy terms, availability and product decisions. Ontrasys cannot guarantee that a third party will remain available, compatible, secure, unchanged or offered at the same price.

Where a third-party change affects an agreed service, Ontrasys will take reasonable steps to explain the impact and available options. Work required to migrate, replace or adapt to a third-party change may be outside the original scope unless the agreement states otherwise.

Links to external websites are provided for convenience and do not mean Ontrasys controls or endorses their content or practices.

15 Availability and maintenance

We aim to operate the Ontrasys website and provide agreed services with reasonable care and skill. No website, internet connection or third-party platform can be guaranteed uninterrupted or error-free.

Access may be affected by maintenance, updates, security action, provider outages, internet failures, malicious activity or events beyond reasonable control. Where Ontrasys manages an affected service, we will respond according to the applicable support arrangement.

Scheduled maintenance, support hours, response targets and service levels apply only where expressly included in a service agreement.

16 Data, access and backups

Responsibility for production data, backups, exports, retention and account ownership depends on the agreed service and the systems involved.

Unless Ontrasys has expressly agreed to provide a managed backup or retention service, the client remains responsible for maintaining appropriate independent copies of important business content and records. A website backup may not cover every connected provider, mailbox, payment record, video, domain account or external service.

Clients should maintain ownership or recoverable administrative access to essential domains, provider accounts and business data. Ontrasys may retain project records and working copies as described in the Privacy Policy and applicable agreement, but those records are not a substitute for the client’s own legal or operational records.

17 Information and outcomes

Website content, conversations, examples and recommendations provide general technical and business information. They are not legal, tax, accounting, medical, financial or regulatory advice.

Ontrasys does not guarantee a particular revenue result, audience size, enrolment rate, conversion rate, search ranking, platform approval, compliance outcome or business success. Outcomes depend on the client’s offer, content, decisions, implementation, audience, market, third parties and circumstances outside Ontrasys’s control.

Clients should obtain appropriately qualified advice for legal, privacy, tax, accessibility, employment, financial, health, safety or industry-specific requirements.

18 Australian Consumer Law

Goods and services supplied by Ontrasys may come with consumer guarantees, rights or remedies under the Australian Consumer Law or other legislation that cannot be excluded, restricted or modified.

Nothing in these Terms excludes, restricts or modifies a guarantee, right, remedy or liability to the extent it cannot lawfully be excluded, restricted or modified.

Where the law permits liability for a failure to comply with a consumer guarantee to be limited, Ontrasys may limit its liability to supplying the relevant services again or paying the cost of having them supplied again.

19 Liability

To the maximum extent permitted by law, neither party is liable to the other for indirect, incidental, special or consequential loss, or loss of profit, revenue, opportunity, anticipated savings, goodwill or data, arising from these Terms or a service.

To the maximum extent permitted by law and unless a specific service agreement provides a different limit, Ontrasys’s aggregate liability arising from an affected service is limited to the fees paid or payable to Ontrasys for that affected service during the 12 months before the event giving rise to the claim.

The limits in this section do not apply where liability cannot lawfully be limited and do not excuse either party’s fraud, wilful misconduct, unlawful use of intellectual property, or breach of obligations that the law does not permit to be limited.

20 Suspension and termination

Either party may end a service as allowed by its specific agreement. Ontrasys may suspend access or work where reasonably necessary because of non-payment, security risk, unlawful instructions, serious misuse, repeated breach or risk to another person or system.

Where practical, Ontrasys will give notice and an opportunity to remedy a breach before termination. Immediate action may be necessary for serious security, legal, safety or misconduct concerns.

On termination, accrued fees and obligations remain due. Access, handover, export, deletion, transition assistance and continued third-party services are handled according to the applicable agreement, law and Privacy Policy.

21 Confidentiality

Each party must take reasonable care of confidential information received from the other and use it only for the relevant enquiry, service or lawful business relationship.

This obligation does not apply to information that is public through no breach, was already lawfully known, is independently developed, is received lawfully from another source, or must be disclosed by law. A party required to disclose confidential information should, where lawful and practical, notify the other first.

More specific confidentiality or data-processing terms in a service agreement take priority.

22 Privacy

Ontrasys handles personal information as described in the Privacy Policy. Clients remain responsible for their own privacy notices, legal bases, consents, user requests and data practices unless Ontrasys has expressly agreed to perform a particular responsibility.

If a project involves Ontrasys processing personal information solely on a client’s instructions, the parties may agree additional data-handling terms appropriate to the project.

23 Events outside our control

Neither party is responsible for delay or failure caused by events beyond its reasonable control, including natural disaster, widespread outage, government action, war, civil disruption, labour interruption, serious illness, cyberattack or failure of an essential third-party network or service.

The affected party must take reasonable steps to reduce the impact and resume performance. This section does not remove an obligation to pay for services already properly supplied.

24 Changes to these Terms

We may update these Terms to reflect changes to the website, services, business model, law or risk controls. The current version will be published at ontrasys.com/terms with its effective date.

Changes apply prospectively. Material changes affecting an active service will be communicated where reasonably appropriate and will not silently override a specific signed or accepted service agreement.

25 Disputes

If a concern arises, each party should first give the other a reasonable written description of the issue and an opportunity to respond.

The parties will try in good faith to resolve the issue through direct discussion before starting court proceedings, except where urgent injunctive relief, debt recovery, a statutory deadline or immediate protection of rights makes that impractical.

Nothing in this section prevents a person from contacting a regulator, consumer-protection body or dispute-resolution service where they are entitled to do so.

26 Governing law and contact

These Terms are governed by the laws of Western Australia and applicable laws of Australia. The parties submit to the courts with jurisdiction in Western Australia, subject to any rights that require a different forum.

If any part of these Terms is invalid or unenforceable, it is to be read down or severed to the minimum extent necessary without affecting the remaining terms. A delay in exercising a right is not a waiver of that right.

Questions or notices about these Terms can be sent through the Ontrasys Contact page.