Terms of Service
1. Overview
These Terms of Service ("Terms") govern your access to and use of the harmonicr Data & Analytics Consultancy website and services. By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.
2. Services
harmonicr provides data analytics, statistical modelling, data visualisation, reproducible analytics, data engineering, and training services. The specific scope, deliverables, timelines, and fees for each engagement will be set out in a separate proposal or service agreement.
We reserve the right to decline any engagement or to modify the scope of services with mutual agreement.
3. Client Responsibilities
To ensure successful delivery, clients agree to:
- Provide accurate, complete, and timely information and data as requested
- Designate a single point of contact for the engagement
- Review and provide feedback within agreed timeframes
- Ensure they have the legal right to share any data provided to harmonicr
- Comply with all applicable laws and regulations in providing data and information
4. Fees and Payment
4.1 Fees will be quoted in advance and set out in a proposal or engagement letter.
4.2 Unless otherwise agreed, invoices are payable within 14 days of the invoice date.
4.3 We reserve the right to suspend services if payment is overdue by more than 30 days.
4.4 All fees are exclusive of GST, which will be added where applicable.
4.5 Travel expenses, if applicable, will be quoted in advance and billed at cost.
5. Intellectual Property
5.1 Upon full payment, clients are granted a non-exclusive, perpetual licence to use the deliverables created specifically for their engagement, including reports, visualisations, models, and code.
5.2 harmonicr retains ownership of its methodologies, tools, frameworks, and pre-existing intellectual property used in the engagement.
5.3 harmonicr may use anonymised results and learnings from engagements for marketing, case studies, and professional development purposes, provided no confidential or identifying client information is disclosed.
5.4 All work is delivered using open-source tools (R, Quarto, Shiny) to ensure long-term reproducibility and client ownership.
6. Confidentiality
harmonicr agrees to treat all client information as confidential and will not disclose it to third parties without prior consent, except as required by law. We take reasonable measures to protect client data, including secure handling, encrypted transmission, and restricted access.
7. Warranties and Disclaimers
7.1 We warrant that our services will be performed with reasonable care and skill in accordance with industry standards.
7.2 While we strive for accuracy, we do not guarantee that our analyses, models, or visualisations will be error-free. Clients are encouraged to review and validate outputs independently.
7.3 harmonicr disclaims any warranty that the services will meet all of your specific requirements or that they will be uninterrupted or error-free.
8. Limitation of Liability
harmonicr's total liability for any claim arising from these Terms or our services shall not exceed the fees paid by the client for the specific engagement giving rise to the claim. We are not liable for any indirect, consequential, or incidental damages, including loss of data, profit, or business opportunity.
9. Data and Privacy
Our collection, use, and disclosure of personal information is governed by our Privacy Policy. By engaging our services, you consent to our handling of your personal information in accordance with that policy and the Australian Privacy Principles under the Privacy Act 1988 (Cth).
10. Termination
Either party may terminate an engagement with written notice. Upon termination:
- The client will pay for all work completed up to the termination date
- harmonicr will deliver any completed work in progress, subject to payment
- Both parties will return or destroy each other's confidential information as reasonably requested
11. Force Majeure
Neither party shall be liable for any failure or delay in performance beyond their reasonable control, including natural disasters, pandemics, government actions, or failures of third-party service providers.
12. Governing Law
These Terms are governed by the laws of the Australian Capital Territory. Any disputes shall be resolved in the courts of the Australian Capital Territory or through mediation before commencing formal proceedings.
13. Changes to These Terms
We may update these Terms of Service from time to time. Material changes will be communicated via the website or direct notice. Continued use of our website or services after changes constitutes acceptance of the new Terms.
14. Contact
If you have any questions about these Terms of Service, please contact us:
- Email: contact@harmonicr.com
- Location: Melbourne, Australia