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Terms of Service

Last updated: 3 November 2025

1. Introduction

Welcome to EB Pearls.

By using our website, submitting an enquiry, or engaging our services, you agree to these Terms of Service and Conditions (“Terms”) and our Privacy Policy.

If you do not agree to these Terms, please do not use our website or services.

Presence and Accessibility:
This page serves as EB Pearls’ publicly accessible Terms of Service / Terms & Conditions, outlining how our website and client services operate. It ensures transparency and accountability for all visitors, clients, and partners.

2. About EB Pearls

EB Pearls is an Australian digital agency that designs and builds web, mobile, and AI-powered software solutions.
Registered as Electronic Business Pearls Australia Pty Ltd (ACN 133 406 881), our head office is located at Level 1, 410 Elizabeth Street, Surry Hills, NSW 2010.

3. Use of This Website

You may browse our website freely for informational purposes.
You agree not to:

  • misuse or disrupt the website or its systems,

  • attempt unauthorised access, or

  • use any automated methods to collect data without permission.

We may update content or restrict access without prior notice.

4. Proposals, Projects, and Client Agreements

When you request a quote, consultation, or project engagement with EB Pearls:

  • We will issue a formal written proposal or agreement detailing scope, cost, and terms.

  • That signed agreement will override this General Terms page.

  • All proposals are valid for 365 days unless otherwise specified.

5. Intellectual Property

All website content (text, visuals, videos, designs, code) is owned or licensed by EB Pearls.
You may not reproduce, distribute, or adapt any material without prior written consent.

For project work:

  • Intellectual Property (IP) in the delivered product transfers to the client upon full payment.

  • EB Pearls retains ownership of pre-existing tools, frameworks, and source code used to deliver the project, licensed to clients for use within their solution.

  • Third-party assets (such as fonts, APIs, or stock images) remain subject to their respective licences.

6. Payments and Fees

All invoices are payable according to the agreed schedule in the project proposal or contract.
Late or missed payments may result in:

  • work suspension,

  • delayed delivery timelines, and/or

  • late fees or collection costs where applicable.

7. Maintenance and Hosting SLA (Service Level Agreement)

EB Pearls offers ongoing Maintenance and Hosting as an optional managed service after project handover.

7.1. Standard SLA Coverage

  • Response time: Within 1 business day for critical issues, within 3 business days for standard requests.

  • Resolution target: Within 3–5 business days for most issues, depending on complexity.

  • Business hours: 9:00am – 5:00pm (AEST) on NSW business days.

7.2. Maintenance Scope

Covers:

  • Bug fixes and technical defects post-launch (as per agreed warranty period)

  • Server uptime monitoring and updates (where hosted with EB Pearls)

  • CMS and dependency updates within the scope of the agreed maintenance plan

Excludes:

  • Major redesigns, new feature builds, and third-party platform failures not caused by EB Pearls.
    These are billed separately under a change request or new agreement.

8. Confidentiality and Privacy

EB Pearls respects the confidentiality of all client data.
Any personal or business information shared with us is protected in line with the Privacy Policy and Data Protection Statement.

9. Limitation of Liability

To the extent permitted by law:

  • EB Pearls is not liable for indirect or consequential loss, including loss of profits, data, or opportunity.

  • Our total liability for any claim is limited to the total amount paid for the relevant service.

  • Nothing in these Terms limits your rights under the Australian Consumer Law.

10. Termination

Either party may terminate a service agreement in accordance with the terms of the specific project contract.
EB Pearls may suspend or terminate services if:

  • payments are overdue,

  • the client breaches material obligations, or

  • continued work would pose legal, ethical, or reputational risk.

11. Third-Party Links and Tools

Our website may link to external sites or use third-party integrations.
EB Pearls is not responsible for their content, availability, or data practices.

12. Governing Law

These Terms are governed by the laws of New South Wales, Australia, and subject to the exclusive jurisdiction of its courts.

13. Contact Us

For questions about these Terms or our service standards, contact:

Contact Us