These terms of service govern your use of the Dark Ice Interactive website (darkice.co) and general engagement terms. Dark Ice Interactive Pty Ltd (ABN: 90 153 761 276, ACN: 153 761 276) operates from Brisbane, Queensland, Australia.
Use of Site
This website provides general information about our services, portfolio, and capabilities. By accessing and using this site, you agree to:
- Not misuse, interfere with, or attempt to disrupt the site's normal operation.
- Not attempt to gain unauthorised access to any systems or data.
- Use the information provided for lawful purposes only.
Proposals and Pricing
All project scopes, timelines, deliverables, and pricing are defined in individual proposals or statements of work (SOW). Those documents, once signed by both parties, take precedence over these general terms. Estimates provided through our Start a Project form are indicative only and do not constitute a binding agreement.
Intellectual Property
Unless otherwise agreed in a signed statement of work:
- Client deliverables: Upon full payment, you own all custom code, designs, and deliverables created specifically for your project.
- Pre-existing IP: We retain ownership of our pre-existing tools, frameworks, libraries, and proprietary know-how that may be used in delivering your project.
- Website content: All content on this website (text, images, code, design) is owned by Dark Ice Interactive Pty Ltd and may not be reproduced without permission.
Confidentiality
Both parties agree to keep confidential information private and to use it only for the purposes of the engagement. This includes project specifications, business strategies, proprietary information, and any materials shared during the discovery and development process. We are happy to sign a mutual NDA before any detailed discussions.
Payment Terms
Unless otherwise specified in a statement of work:
- A deposit is required before work commences (typically 30-50% of the project value).
- Progress payments are invoiced at agreed milestones.
- Final payment is due upon project completion and delivery.
- All prices are quoted in Australian Dollars (AUD) exclusive of GST unless stated otherwise.
- Invoices are payable within 14 days of issue.
Warranties and Liability
We provide services using reasonable care, skill, and diligence. We offer a 30-day bug fix guarantee on delivered work — any defects in the agreed deliverables will be rectified at no additional cost within 30 days of delivery.
To the maximum extent permitted by Australian Consumer Law, our total liability for any claim arising from or related to our services is limited to the fees paid for the specific services giving rise to the claim. We are not liable for indirect, consequential, or incidental losses.
Termination
Either party may terminate an engagement in accordance with the terms specified in the relevant statement of work. In the absence of specific termination terms:
- Either party may terminate with 14 days written notice.
- Payment is due for all work completed up to the date of termination.
- Obligations incurred before termination (including confidentiality and IP assignment) remain in effect.
Dispute Resolution
In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation. If a resolution cannot be reached within 30 days, the parties agree to mediation before pursuing any legal action.
Governing Law
These terms are governed by the laws of Queensland, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of Queensland.
Changes to These Terms
We may update these terms from time to time. The updated version will be posted on this page with a revised "Last updated" date.
Contact
Questions about these terms can be directed to:
- Email: matt.crombie@darkice.co
- Phone: +61 1300 797 434
- Or via our contact page.