Terms & Conditions of Service
These terms govern services supplied by Travis Saron trading as XTen (ABN 59 213 935 411) ("XTen", "we", "us") to the client named in an accepted proposal or specification ("you"). A signed requirements specification or accepted written proposal forms the contract, together with these terms.
1. Services and tiers
We supply software development and support services on the XTen.Stack platform in three forms: Deploy Complete (fixed-price build to a signed specification), Deploy Modules (fixed-price functional deliverables from a costed specification), and Stack Support / Care Plans (support and maintenance subscriptions, governed also by the Service Level Agreement).
2. Specifications and change control
All fixed-price work proceeds from a written requirements specification you have signed. Anything not in the specification is out of scope. Changes are welcome and are quoted as new specification items or modules — we do not bill surprise hours. The specification fee ($450) is credited against your first purchased module or build.
3. Price, deposits and payment
Fixed prices are stated in AUD and exclusive of GST until we are registered, at which point GST applies. Builds require a 50% deposit before work begins, with the balance due on milestone acceptance. Invoices are payable within 7 days. Support and care plans are prepaid monthly by card. Work may pause if an invoice is 14 or more days overdue; late payments may attract interest at 1.5% per month. Source code is handed over on final payment.
4. Your responsibilities
You will provide timely access to the information, decisions, content and systems reasonably required; ensure you have rights to material you supply; nominate a decision-maker for acceptance; and use delivered software lawfully, in accordance with the Acceptable Use Policy.
5. Delivery, acceptance and warranty
Deliverables are accepted against the acceptance criteria in the specification. You have 10 business days from delivery to test each milestone; it is deemed accepted if no material non-conformity is reported. We will fix, at no charge, defects (failures against the specification) reported within 90 days of launch. This warranty excludes issues caused by changes made by others, misuse, or third-party services.
6. Intellectual property
On final payment: you own the bespoke code, configuration and content created specifically for your project. The XTen.Stack platform itself remains available to you under its open-source licence — this is what guarantees you are never locked in. We retain the right to reuse general skills, techniques and non-client-specific components. You grant us a licence to use your name and logo in our portfolio unless you opt out in the specification.
7. AI-augmented development
We openly use AI tools (including Anthropic's Claude) in design, coding, testing and documentation. Every deliverable is reviewed and owned by a responsible human developer. We do not submit your confidential material to AI services except under terms that prevent the provider training on it.
8. Subcontractors
We may engage vetted freelancers and contractors to deliver parts of the work. We remain fully responsible to you for all work delivered, and subcontractors are bound by equivalent confidentiality obligations.
9. Confidentiality
Each party will keep the other's confidential information secret and use it only for this engagement, except where disclosure is required by law. This clause survives termination.
10. Data
As between us, your data is yours. Where we host or support your application, we access data only as needed to perform the services. Our Privacy Policy and Data Security practices apply.
11. Liability
Nothing in these terms excludes rights under the Australian Consumer Law. Where liability cannot be excluded but can be limited, our liability is limited to resupplying the services or paying the cost of resupply. Otherwise, each party's total liability under an engagement is capped at the fees paid or payable for that engagement in the 12 months before the claim, and neither party is liable for indirect or consequential loss. You are responsible for maintaining backups where you self-host.
12. Termination
Either party may end an engagement for material breach unremedied 14 days after written notice. You may cancel a build at any time; you pay for work completed to date plus committed third-party costs, and we hand over work in progress. Support plans may be cancelled with one month's notice.
13. General
These terms are governed by the law of Western Australia. Disputes go first to good-faith negotiation, then mediation in Perth, before any court proceedings (excluding urgent injunctive relief). If any clause is unenforceable it is severed; the rest stand. These terms may be updated for future engagements; the version you signed applies to yours.
Contact
info@xten.au · XTen, Perth WA · ABN 59 213 935 411
Last updated: 11 August 2026