Terms & Conditions

1. About These Terms

These Terms and Conditions ("Terms") govern your use of services provided by Nison & Co ("we", "us", "our"), operated as a sole trader based in Melbourne, Victoria, Australia. By engaging our services or using our website, you agree to be bound by these Terms.

These Terms are governed by the laws of the State of Victoria and the Commonwealth of Australia, including the Australian Consumer Law (ACL).

2. Our Services

Nison & Co provides the following services:

• Maths Academy: tutoring, group classes, exam preparation, online courses, and educational resources
• Application Development: custom web and mobile app development, MVP prototyping, AI integration, and website development
• Project Management Consulting: project planning, Agile coaching, risk management, and project oversight

3. Maths Academy — Tutoring Terms

3.1 Booking & Scheduling

• Sessions are booked by mutual agreement between the tutor and parent/student
• Regular weekly sessions are encouraged for best results
• Session times are confirmed via email, messaging, or our booking system
• We will make reasonable efforts to accommodate scheduling preferences

3.2 Cancellation Policy

• 24-hour notice: cancellations made more than 24 hours before the session are free of charge
• Less than 24 hours: the full session fee will be charged
• No-shows: if a student does not attend without prior notice, the full session fee applies
• Tutor cancellation: if we cancel a session, it will be rescheduled at no cost, or you will receive a full refund
• Emergencies: genuine emergencies will be handled on a case-by-case basis

3.3 Payment Terms

• Fees are as quoted at the time of booking
• Payment is due before or at the time of each session, unless otherwise agreed
• For term-based packages, payment is due at the start of the term
• We accept bank transfer, card payments, and other agreed methods
• Invoices are issued via email and are payable within 7 days unless otherwise stated
• Late payments may incur a suspension of services until the account is settled

3.4 Student Welfare & Safety

• We are committed to the safety and wellbeing of all students
• We hold a valid Working with Children Check (WWCC) as required by Victorian law
• In-person sessions should be conducted in an appropriate environment (e.g., library, student's home with a parent present, community space)
• Online sessions are conducted via secure platforms (Zoom) with password-protected meeting links
• We do not record sessions without explicit written consent from the parent/guardian and student
• Parents/guardians are welcome to be present during sessions at any time

3.5 Academic Honesty

• We provide tutoring and guidance only — we do not complete assignments, homework, or exams on behalf of students
• We encourage independent thinking and problem-solving skills
• We will not assist with any form of academic dishonesty, cheating, or plagiarism

3.6 Results & Guarantees

• We do not guarantee specific exam results, ATAR scores, or scholarship outcomes
• Student results depend on many factors including attendance, effort, practice, and individual ability
• We commit to providing high-quality teaching and resources to support each student's improvement

4. Application Development — Service Terms

4.1 Project Scope & Proposals

• All app development work begins with a written proposal or scope document
• The proposal outlines deliverables, timeline, cost, and payment schedule
• Work begins only after the client has accepted the proposal in writing (email acceptance is sufficient)
• Changes to scope after acceptance may incur additional costs and timeline adjustments

4.2 Payment Terms

• Fixed-price projects: payment is typically split into milestones (e.g., 30% upfront, 40% at midpoint, 30% on completion)
• Hourly work: invoiced fortnightly or monthly. Payment due within 14 days of invoice.
• Retainer agreements: invoiced monthly in advance
• Work may be paused if invoices are overdue by more than 14 days

4.3 Intellectual Property

• Upon full payment, the client owns all custom code, designs, and content created specifically for their project
• We retain the right to use general-purpose tools, frameworks, and reusable code components across projects
• Third-party libraries and open-source components remain subject to their respective licences
• We may feature the completed project in our portfolio unless the client requests otherwise in writing

4.4 Warranties & Support

• We provide a 30-day warranty period after project completion for bug fixes at no additional cost
• The warranty covers defects in the delivered work against the agreed specifications
• The warranty does not cover issues caused by third-party services, hosting environments, client modifications, or changes in requirements
• Ongoing support and maintenance is available under a separate retainer agreement

4.5 Client Responsibilities

• Provide timely feedback, content, and approvals as outlined in the project timeline
• Delays in client responses may result in timeline adjustments
• Provide accurate and complete information for the project
• Ensure they have the rights to any content, images, or materials provided to us

5. Project Management Consulting — Terms

5.1 Engagement Terms

• Consulting engagements are defined by a written scope of work or engagement letter
• We provide advice, frameworks, and recommendations — the client is responsible for implementation decisions
• Our role is advisory; we do not assume legal liability for project outcomes

5.2 Confidentiality

• We treat all client business information as strictly confidential
• We will not disclose client information to third parties without written consent
• Confidentiality obligations survive the end of the engagement
• We may sign a separate Non-Disclosure Agreement (NDA) if requested by the client

6. Website Terms

6.1 Website Use

• Our website is provided for informational purposes and to facilitate engagement with our services
• You agree not to use our website for any unlawful or harmful purpose
• We reserve the right to modify, suspend, or discontinue any part of the website at any time

6.2 Maths Practice App

• The Nison Maths practice app is provided as a free educational tool
• Questions and content are original works created by Nison & Co
• The app is provided "as is" without warranties of any kind
• User progress data is stored locally on the user's device and is not transmitted to our servers
• We are not responsible for data loss due to browser clearing, device changes, or technical issues

6.3 Newsletter & Marketing

• By subscribing to our newsletter, you consent to receive periodic emails from Nison & Co
• You can unsubscribe at any time by clicking the unsubscribe link or contacting us
• We comply with the Spam Act 2003 (Cth) — all marketing emails include identification and unsubscribe options

6.4 Affiliate Links

• Some links on our website may be affiliate links
• We may earn a small commission if you make a purchase through these links, at no extra cost to you
• Affiliate relationships do not influence our recommendations — we only recommend products and services we genuinely believe in

7. Limitation of Liability

To the maximum extent permitted by Australian law:

• Our liability for any claim arising from our services is limited to the fees paid for the specific service in question
• We are not liable for indirect, incidental, consequential, or punitive damages
• We are not liable for any loss or damage arising from factors beyond our reasonable control
• Nothing in these Terms excludes or limits any rights you have under the Australian Consumer Law that cannot be excluded or limited by law

8. Dispute Resolution

If a dispute arises:

1. Direct resolution: contact us first at Nison.co.ecs@gmail.com. We will make every effort to resolve the issue within 14 business days.
2. Mediation: if we cannot resolve the dispute directly, either party may refer the matter to mediation through a mutually agreed mediator in Melbourne.
3. Consumer rights: nothing in this clause limits your right to make a complaint to a consumer protection body or take action under the Australian Consumer Law.

9. Termination

• Either party may terminate tutoring arrangements with 7 days' written notice
• App development projects may be terminated according to the terms in the project proposal
• Consulting engagements may be terminated with 14 days' written notice
• Termination does not affect any accrued rights or obligations, including payment for services already provided

10. Force Majeure

We are not liable for delays or failure to perform our obligations due to events beyond our reasonable control, including but not limited to natural disasters, pandemics, government restrictions, internet outages, or power failures. In such cases, we will make reasonable efforts to resume services as soon as possible or provide alternative arrangements.

11. Changes to These Terms

We may update these Terms from time to time. Changes will be posted on this page with the updated date. Continued use of our services after changes constitutes acceptance of the revised Terms. For material changes, we will make reasonable efforts to notify clients directly.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. Any disputes are subject to the exclusive jurisdiction of the courts of Victoria.

13. Contact

For questions about these Terms, contact us:

• Email: Nison.co.ecs@gmail.com
• Website: www.nisonengineering.com/contact.html
• Location: Melbourne, VIC, Australia