Terms of Service
These terms govern your use of Musa Software's website and services. Please read them carefully before engaging with us.
These Terms of Service ("Terms") constitute a legal agreement between you and Musa Software (ABN: 78 219 082 263), a company registered in New South Wales, Australia. These Terms apply to all visitors, clients, and users of our website and services.
Acceptance of Terms
Agreement to Terms
By accessing or using the Musa Software website (musasoftware.com) or engaging our services, you confirm that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree, please discontinue use of our website and services.
Capacity to Contract
By using our services, you represent that you are at least 18 years of age and have the legal authority to enter into a binding contract on behalf of yourself or the organisation you represent.
Our Services
Scope of Work
Musa Software provides software development, design, consulting, and managed IT services. The specific deliverables, timelines, and pricing for each engagement are defined in a separate Statement of Work (SOW) or Service Agreement signed by both parties.
Service Changes
We reserve the right to modify, suspend, or discontinue any aspect of our services with reasonable notice. For ongoing engagements, material changes will be communicated in writing with a minimum of 30 days notice.
Third-Party Integrations
Some services may involve third-party platforms or APIs. We are not responsible for the availability, performance, or changes to third-party services that may affect your project.
Intellectual Property
Client Ownership
Upon receipt of full payment, clients receive full ownership of all custom code, designs, and deliverables specifically created for their project, as outlined in the signed agreement.
Musa Software IP
We retain ownership of all pre-existing tools, frameworks, libraries, methodologies, and know-how developed prior to or independent of your project. These may be used in other client engagements.
Website Content
All content on musasoftware.com — including text, graphics, logos, and code — is the property of Musa Software and protected by applicable intellectual property laws. Unauthorised use is prohibited.
Payment & Billing
Payment Terms
Payment terms are specified in each project agreement. Unless otherwise agreed, invoices are due within 14 days of issuance. Late payments may incur interest at 1.5% per month on the outstanding balance.
Refunds
Due to the nature of custom software development, completed work is generally non-refundable. Disputes regarding quality or deliverables must be raised within 14 days of delivery and will be resolved in accordance with the project agreement.
Confidentiality
Mutual Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during the engagement. This obligation survives termination of the agreement for a period of 3 years.
Portfolio Rights
Unless a separate NDA prohibits it, Musa Software reserves the right to reference your company name and the nature of the project in our portfolio, case studies, and marketing materials.
Limitation of Liability
Limitation
To the maximum extent permitted by law, Musa Software s total liability for any claim arising from our services shall not exceed the total fees paid by you in the 3 months preceding the claim.
Exclusions
We are not liable for indirect, incidental, special, or consequential damages, including loss of profits, data, or business opportunities, even if we were advised of the possibility of such damages.
Warranties
We warrant that our services will be performed with reasonable skill and care. However, we do not guarantee that software will be completely error-free or uninterrupted at all times.
Termination
Termination by Client
You may terminate a project engagement with 30 days written notice. You will be invoiced for all work completed and reasonable costs incurred up to the termination date.
Termination by Musa Software
We may suspend or terminate services immediately for non-payment, breach of these terms, or conduct that we determine to be harmful or unlawful.
Governing Law
Jurisdiction
These Terms are governed by the laws of New South Wales, Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts of New South Wales.
Dispute Resolution
Before initiating legal proceedings, both parties agree to attempt to resolve disputes in good faith through direct negotiation or, if necessary, mediation.
Changes to These Terms: We may update these Terms from time to time. Continued use of our services after changes constitutes acceptance of the updated Terms. We recommend checking this page periodically.
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