Terms and conditions

1. About these terms

These terms apply to consulting, advisory, project, support, managed, digital and other services, and to hardware, software and other goods, supplied by Bailey Sierra Pty Ltd (ABN 88 143 618 820, ACN 143 618 820) (“we”, “us” or “our”).

Your quote, proposal, order, statement of work or invoice describes what you are purchasing, its price and any additional conditions. If it conflicts with these terms, the specific document applies to that purchase.

If another business in our group supplies a particular service or product, your quote or order will identify that supplier and the terms that apply. Hosting, email and domain services supplied under the HypeID brand are covered by the HypeID Terms and Conditions.

2. Your rights under Australian law

Our goods and services come with rights and guarantees under the Australian Consumer Law and other applicable laws.

Nothing in these terms excludes, restricts or modifies a right, guarantee or remedy that cannot lawfully be excluded, restricted or modified. This includes any entitlement to a repair, replacement, refund, cancellation, compensation or other remedy required by law.

3. Quotes, orders and acceptance

Please check the details of your quote or order, including the scope, quantities, specifications, delivery details and pricing.

A quote or proposal is an invitation to deal until you accept it in writing or by paying or instructing us to proceed. We will state how long a quote remains open, and may withdraw or update it before you accept it.

An order is subject to availability, eligibility requirements and any checks reasonably required to supply it. We will confirm when your order has been accepted and explain any further information or action needed.

If we cannot supply something you have ordered, we will tell you promptly and refund any payment for the part we cannot provide.

4. Prices and payments

Prices are in Australian dollars and include GST unless expressly stated otherwise.

Your quote, order or invoice identifies the price, billing basis and payment due date. Fixed-price work is invoiced as stated in the quote. Time-based work is invoiced for the time recorded at the agreed rate.

Additional work or charges, including expenses and third-party costs, will be explained and agreed before they are incurred.

Where you authorise recurring payments, we may charge your selected payment method for the agreed service and billing period. Any automatic renewal arrangement must be disclosed when you order.

If you believe an invoice is incorrect, contact us promptly so we can investigate.

5. Consulting and professional services

We will provide services with due care and skill, using suitably qualified people.

The scope, deliverables, timing and responsibilities for each engagement are set out in the relevant quote, proposal or statement of work. Dates are estimates unless expressly stated as commitments.

Changes to the scope are agreed in writing before the changed work starts, and may change the price or timing.

You agree to provide the information, access, decisions and people we reasonably need, in good time. Delays or changes on your side may affect timing and price.

Our advice is based on the information you give us and the circumstances at the time. You remain responsible for your business decisions. Unless expressly agreed, we do not provide legal, tax, accounting, financial product or investment advice.

We may use subcontractors and third-party tools to deliver services. We remain responsible to you for the services we agree to supply.

6. Hardware, software and other goods

Goods are supplied as described in your quote or order. Delivery times are estimates unless expressly stated as commitments.

We will arrange delivery or collection as agreed. Delivery and installation costs, where applicable, will be shown before you accept.

Ownership of goods passes to you when we have received full payment. Risk passes to you on delivery or collection, except where the goods are damaged or lost because of our act or omission.

Please inspect goods on delivery and tell us promptly if they are damaged, incomplete or not as described.

Many products carry a manufacturer’s warranty in addition to your rights under Australian law. Where a manufacturer’s warranty applies, we will give you its terms on request and help you make a claim where we reasonably can.

Software is supplied under the licence terms of its owner, which you agree to follow. We do not give you rights in software beyond that licence.

Where a quote includes installation, configuration or training, those services are provided as described in the quote.

7. Support and ongoing services

Unless your quote or agreement states otherwise, ongoing support, maintenance and managed services are supplied on the basis stated in it, including the services included, hours of cover and any response targets.

Unless expressly agreed, support does not include a guaranteed response or resolution time, continuous monitoring or 24-hour availability.

Contact us if you are unsure whether a task is included. We will explain any proposed charge before doing chargeable work.

8. Your responsibilities

You are responsible for:

• Providing accurate contact, billing and project information.
• Keeping passwords and other access credentials secure, and using available security measures such as multi-factor authentication.
• Ensuring you have authority to give us instructions and to provide any content, data or systems access we use.
• Maintaining your own licences, subscriptions and third-party accounts unless we have agreed to manage them.
• Keeping independent backups of important data unless we have agreed to provide them.
• Letting us know promptly about suspected unauthorised access, faults or problems.

We may verify your identity or authority before acting on sensitive requests.

9. Acceptable use

You must not use our services or goods for unlawful activity, infringement of others’ rights, malware, unauthorised access, unsolicited bulk messaging or other activity that materially threatens systems or people.

If a problem occurs, we will normally contact you and provide a reasonable opportunity to address it. We may restrict affected services immediately where reasonably necessary to respond to an urgent security threat, unlawful activity or a binding legal requirement, and we will explain the reason and the steps needed to restore service as soon as reasonably practicable.

10. Availability and third-party services

We use third-party suppliers, platforms and infrastructure to deliver some goods and services.

Maintenance, network faults and other incidents can interrupt services provided by us or by third parties. We will take reasonable care and provide information about material interruptions where practicable.

Unless your agreement includes a specific service-level commitment, we do not promise uninterrupted or error-free operation.

Using a third-party supplier does not remove our responsibilities to you under your agreement or applicable law.

11. Confidentiality

Each party will keep the other’s confidential information confidential and use it only for the purpose of the engagement, except where disclosure is required by law, is to professional advisers or subcontractors who need it and are bound to keep it confidential, or the information is or becomes public other than through a breach.

12. Intellectual property

You retain your rights in the content, data and materials you provide to us.

You give us permission to store, copy, transmit and otherwise handle that material only as reasonably needed to supply the agreed goods or services, follow your instructions and meet legal obligations.

Unless your quote or agreement says otherwise, we retain ownership of our existing tools, methods, templates, branding and know-how. Once you have paid for them, you may use the deliverables we create for you for your own business purposes. Third-party material remains subject to its owner’s licence.

13. Liability

Subject to your rights under the Australian Consumer Law and other laws that cannot be excluded, we are not liable for indirect or consequential loss, or for loss of profit, revenue, data or opportunity, to the extent the law allows.

To the extent the law allows, where our liability for a failure to meet a consumer guarantee can be limited, we limit it to supplying the services again or paying the cost of having them supplied again, or, for goods, repairing or replacing them or paying the cost of doing so.

Nothing in these terms limits liability for death, personal injury, fraud or any other liability that cannot lawfully be limited.

14. Cancellation, returns and refunds

You may ask to cancel or change an order or engagement by contacting us. We will confirm the affected goods or services, the cancellation date and any amounts payable for work done or costs already incurred.

Any minimum term, cancellation fee, restocking fee or change-of-mind return conditions must be disclosed before purchase. We will not impose an undisclosed cancellation fee.

Where goods or services have a major problem, you are entitled to a replacement or refund, and to compensation for other reasonably foreseeable loss. Where a problem is not major, we will repair, replace or re-supply within a reasonable time. This does not limit any other remedy available under the Australian Consumer Law.

Special-order goods and custom work may not be returnable for change of mind unless disclosed otherwise. This does not limit your rights where the goods or services are faulty or not as described.

15. Overdue accounts and ending services

If payment is overdue, we will contact you and normally provide reasonable notice and an opportunity to pay or discuss the issue before suspending work or services.

If a genuine billing dispute is raised promptly, we will investigate it and discuss how the affected work will be handled while it is reviewed.

We may end an engagement for a material breach that is not remedied after reasonable notice, or where continued supply would be unlawful or create an urgent and serious risk.

If we discontinue an ongoing service for business reasons, we will provide reasonable notice, reasonable cooperation with a transfer and a refund of unused prepaid fees for the service we will no longer supply.

16. Privacy

We handle personal information in accordance with our Privacy Policy and applicable law.

Supplying goods and services may require us to share relevant information with suppliers, payment processors, couriers, subcontractors and other service providers. The Privacy Policy explains our handling practices and how to contact us about privacy matters.

17. Problems and complaints

Please contact us first if something is wrong. Include enough information for us to identify your order or engagement and understand the issue.

We will investigate, explain the outcome and discuss an appropriate remedy where required.

You may also seek assistance from a relevant consumer protection body. Nothing in these terms prevents you from exercising those rights.

18. Changes to these terms

We may update these terms to reflect changes to our goods, services, business operations or legal requirements.

The version agreed when you purchase continues to govern that purchase, subject to any changes lawfully made under your agreement. We will provide reasonable advance notice of material changes affecting an ongoing service and explain your options.

19. Governing law

These terms are governed by the laws of New South Wales, Australia.

Nothing in this clause restricts a right you have to bring a matter before a court or tribunal with jurisdiction under applicable law.

20. Contact us

Bailey Sierra Pty Ltd
ABN 88 143 618 820
Contact: use our contact page
Post: PO Box 168, Panania NSW 2213

Last updated 11 October 2026.