Terms and Conditions

1. About Arqon

This website is operated by Westvale Holdings Pty Ltd (ABN 23 695 449 793), trading as Arqon. In these Terms, “Arqon”, “we”, “us”, and “our” refer to Arqon, and “you” refers to the person or organisation accessing this website or engaging our services.

Arqon provides operations consulting, systems architecture, process automation, technology stack architecture, and advisory services for service businesses.

2. Website use

You may use this website for lawful business information, enquiry, scheduling, and engagement purposes only. You must not misuse the website, interfere with its operation, attempt unauthorised access, submit malicious code, scrape content at scale, or use the website in a way that breaches applicable law or the rights of another person.

3. Website information is general

The content on this website is provided for general information only. It is not legal, financial, accounting, security, or business advice tailored to your circumstances. You should obtain appropriate professional advice before relying on information for significant decisions.

4. Engagement structure

Client services are usually documented in a written Statement of Work or onboarding documentation that describes the services, deliverables, timeline, fees, assumptions, exclusions, and client responsibilities for the engagement.

By signing a Statement of Work or proceeding with an engagement, the client agrees to the applicable written terms. If a Statement of Work and these Terms conflict, the Statement of Work prevails to the extent of the conflict.

5. Services and deliverables

Arqon will provide agreed services with reasonable care and skill. Services may include operations and systems audits, process and automation setup, tech stack architecture, and fractional technology leadership, as confirmed in the applicable Statement of Work.

Timelines are estimates unless expressly stated otherwise and depend on the client providing timely access, information, feedback, and approvals. Arqon may refine its methodology, tools, and processes provided the agreed scope or quality of deliverables is not materially reduced.

6. Client responsibilities

The quality and timeliness of Arqon’s services depend on active client participation and cooperation.

• Provide timely access to relevant personnel, systems, data, documentation, and tools.
• Nominate a primary point of contact with authority to provide instructions and approvals.
• Respond to information, feedback, and approval requests within agreed timeframes, or within five business days where no timeframe is specified.
• Ensure information provided to Arqon is accurate and complete to the best of the client’s knowledge.
• Maintain appropriate backups and ensure Arqon’s access to systems and data complies with relevant laws, licences, and platform terms.

7. Access to systems and third-party platforms

Where services require access to client systems, databases, software platforms, or third-party tools, the client must ensure it has the right to provide that access. Arqon will access those systems only to the extent necessary to perform the services and will not retain access credentials beyond the engagement unless expressly agreed in writing.

Some services involve third-party platforms, automation tools, integrations, hosting, analytics, CRM, scheduling, or other software. Arqon does not control the availability, performance, pricing, security, or policies of third-party platforms and is not responsible for changes, outages, or limitations imposed by those providers.

8. Fees and payment

Fees, payment schedule, deposits, retainers, expenses, and GST treatment are set out in the applicable Statement of Work, invoice, or written proposal. Unless otherwise agreed in writing, invoices are due within 14 days of the invoice date.

If an invoice is overdue, Arqon may charge interest on the outstanding amount at 10% per annum calculated daily and may suspend services until outstanding amounts are paid. Good-faith invoice disputes must be notified in writing within seven days of the invoice date; undisputed amounts remain payable by the due date.

9. Scope changes

Work requested outside the agreed scope is a change request. Arqon may assess the request and provide a revised scope, timeline, and additional fees. Arqon is not required to commence out-of-scope work unless the parties agree in writing.

10. Intellectual property

Each party retains ownership of intellectual property it owned or developed independently before the engagement. Arqon’s methodologies, frameworks, templates, tools, processes, and know-how remain Arqon’s property.

Subject to full payment of all applicable fees, Arqon assigns to the client ownership of project intellectual property created specifically and exclusively for the client as part of the agreed deliverables. To the extent deliverables incorporate Arqon intellectual property, Arqon grants the client a non-exclusive, non-transferable, royalty-free licence to use that intellectual property solely for the client’s internal business operations.

Third-party software, platforms, libraries, and tools remain subject to their own licence terms. Client data, content, and materials remain the client’s property and are licensed to Arqon only as needed to perform the services.

11. Confidentiality

Each party must keep the other party’s non-public confidential information strictly confidential and use it only for the relevant website enquiry, proposed relationship, or engagement. Confidential information may be disclosed to employees, contractors, officers, advisers, or agents on a need-to-know basis where they are bound by confidentiality obligations no less protective than those agreed with Arqon.

Confidentiality obligations do not apply to information that is public through no fault of the receiving party, already known, independently developed without reference to the confidential information, lawfully received from a third party, or required to be disclosed by law, court order, or regulator. Confidentiality obligations generally survive termination or expiry for three years unless a signed agreement states otherwise.

12. Privacy and data handling

Each party must comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles to the extent applicable. Arqon handles personal information in accordance with its Privacy Policy and any signed engagement terms.

Where Arqon handles personal information on a client’s behalf, Arqon will use and disclose it only as necessary to perform the services, implement reasonable technical and organisational protections, require relevant personnel and contractors to maintain confidentiality, and cooperate with eligible data breach assessment and notification obligations.

13. Outcomes and warranties

Arqon will use reasonable care and skill, but business, revenue, cost saving, operational, or system performance outcomes depend on the client’s implementation, participation, decision-making, operational context, team adoption, third-party platforms, and other factors outside Arqon’s control.

To the maximum extent permitted by law, services and deliverables are provided on an “as is” and “as available” basis except as expressly stated in a signed agreement. Arqon does not guarantee specific business outcomes, revenue improvements, cost savings, uninterrupted system performance, or fitness for a particular purpose.

14. Limitation of liability

To the maximum extent permitted by law, Arqon excludes liability for indirect, consequential, special, or incidental loss or damage, including loss of profits, revenue, data, business opportunity, or business interruption arising out of or in connection with the website, services, or deliverables.

Nothing in these Terms excludes, restricts, or modifies any right or remedy that cannot lawfully be excluded, including rights under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law. Where permitted, Arqon’s liability for failure to comply with a consumer guarantee is limited to resupply of services or the cost of resupply.

15. Client indemnity

The client is responsible for its data, content, materials, platform access, legal compliance, and use or modification of deliverables after completion. To the extent permitted by law, the client indemnifies Arqon and its personnel against claims, losses, liabilities, damages, and expenses arising from those matters or from the client’s breach of third-party licence terms, platform terms, applicable laws, or agreed responsibilities.

16. Termination and offboarding

Termination rights and consequences are set out in the applicable Statement of Work or written agreement. Unless otherwise agreed, either party may terminate an engagement on 30 days’ written notice, and either party may terminate for unremedied material breach, insolvency, or cessation of business.

On termination or completion, the client must pay for services properly performed up to the effective date. Arqon will provide reasonable offboarding support as agreed, including completed deliverables, relevant handover information, and return or deletion of client confidential information and data where required by the engagement terms.

17. Portfolio references

Arqon may include a client name in a general client list unless the client objects in writing. Arqon will obtain prior written consent before publishing a detailed case study, testimonial, specific engagement description, outcomes, logo, trade mark, or branding. Approved references may be withdrawn on 30 days’ written notice, after which Arqon will remove the relevant content within a reasonable time.

18. Dispute resolution

The parties agree to attempt in good faith to resolve disputes through direct negotiation before commencing formal proceedings. If a dispute is not resolved within the timeframe in the applicable agreement, either party may refer the dispute to mediation administered by the Australian Disputes Centre or a mutually agreed mediator. Nothing prevents a party from seeking urgent injunctive or interlocutory relief.

19. Governing law

These Terms are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.

20. Contact

Questions about these Terms can be sent to hello@arqon.au or by post to 30 Shepherd Street, Liverpool NSW 2170, Australia.