Version 1.0 • Effective May 2026 • MXM Institute • ABN 12 335 492 477
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Contact us2.1 Customisation services require the Client to hold a valid and active MXM Command Centre licence throughout the Services. MXM will verify licence status before work commences.
2.2 MXM is not responsible for any delay, loss of functionality, or inability to deliver the Services where the Client’s licence is suspended, cancelled, expired, or otherwise unavailable.
2.3 Customisation service fees are separate to and do not include the Command Centre licence fee, which is purchased independently.
3.1 Services are defined by the package selected (Starter, Business, or Custom) or a written Scope of Work agreed before work commences.
3.2 Items listed in a Scope of Work or package are included only where expressly checked, selected, and agreed. The presence of an item in a template does not constitute inclusion.
3.3 Any variation to the Scope of Work must be agreed in writing, including any impact on fees, timeline, or deliverables.
3.4 Requests for work outside the agreed scope will be quoted at $200/hour (+ GST) and must be confirmed in writing before MXM commences such work.
3.5 Customisation services apply to the Client’s specific Command Centre instance only.
4.1 Package fees are payable in full (+ GST) before customisation work commences.
4.2 Hourly work outside an agreed package is invoiced weekly, payable within 7 days.
4.3 MXM may suspend work while any invoice remains overdue. Any agreed timeline will be extended by the period of suspension and time required to recommence.
4.4 Late payments attract interest at 10% per annum, calculated daily.
5.1 The Client must provide MXM with access to their Command Centre instance and any accounts, API credentials, and permissions required for the agreed integrations.
5.2 The Client is responsible for the accuracy, completeness, and legality of all Client Materials, instructions, credentials, and approvals provided to MXM.
5.3 The Client must provide credentials using a secure method reasonably requested by MXM.
5.4 The Client warrants that it has authority to grant MXM access to any connected account, platform, API, or system required for the Services.
5.5 The Client is responsible for reviewing and approving all configured content, workflows, integrations, settings, and outputs before using the Command Centre in its business.
5.6 The Client must respond to MXM’s queries promptly. Client delays may affect the agreed timeline without liability to MXM.
6.1 MXM may access the Client’s Command Centre instance and connected accounts solely for the purpose of delivering the agreed Services.
6.2 MXM will not store, share, sell, or use Client Materials for any purpose other than delivering the agreed Services.
6.3 MXM will take reasonable steps to protect credentials while required for the Services and will delete or return credentials once they are no longer required.
6.4 The Client is responsible for maintaining current backups before customisation work begins. To the maximum extent permitted by law, MXM is not liable for data loss except to the extent caused by MXM’s proven negligence, wilful misconduct, or breach of these Terms.
7.1 The Client retains ownership of all Client Materials.
7.2 MXM retains ownership of all MXM Materials, including all pre-existing and newly developed product architecture, frameworks, templates, methodologies, prompts, reusable code, modules, workflows, automations, and general know-how.
7.3 Subject to full payment, the Client receives a perpetual, non-exclusive, non-transferable licence to use Client-specific customisations within the Client’s own Command Centre instance.
7.4 MXM retains the right to incorporate general learnings and non-Client-specific improvements into future versions of the Product, provided no Client-identifying information or data is included.
8.1 If the Client notifies MXM in writing within 30 days of Delivery that the customisation does not materially function as described in the Scope of Work, MXM will use reasonable efforts to correct the issue at no additional charge. This is the Client’s sole remedy for warranty issues, to the maximum extent permitted by law.
8.2 The warranty does not cover issues arising from modifications made by the Client or any third party after Delivery.
8.3 The warranty does not cover issues arising from changes to Third-Party Services after Delivery.
8.4 Support beyond the warranty period is available at $200/hour (+ GST), agreed in writing before commencing.
9.1 Nothing in these Terms excludes, restricts, or modifies any right, guarantee, warranty, remedy, or liability that cannot lawfully be excluded, restricted, or modified, including under the Australian Consumer Law.
9.2 Subject to clause 9.1, MXM’s total liability is limited to the total amount paid by the Client for the Services giving rise to the claim.
9.3 To the maximum extent permitted by law, MXM is not liable for indirect, consequential, special, or incidental losses including loss of business, revenue, profit, or data.
9.4 The liability cap does not apply to liability arising from fraud, wilful misconduct, or liability that cannot be limited by law.
9.5 MXM does not guarantee any particular business, financial, operational, or performance outcome from the Services.
10.1 Package fees are non-refundable once customisation work has commenced, except to the extent required by law or where MXM cancels for reasons within MXM’s reasonable control. If cancellation occurs after work has commenced, MXM may retain amounts reasonably referable to work performed, committed resources, and unrecoverable costs.
10.2 For hourly work, the Client may cancel with 24 hours written notice. Work completed to that point will be invoiced at $200/hour (+ GST).
11.1 MXM is not liable for delay or failure to perform caused by events outside its reasonable control, including platform outages, internet failures, cyber incidents, illness, natural disasters, or Third-Party Service disruption.
12.1 Independent Contractor. MXM provides the Services as an independent contractor. Nothing in these Terms creates a partnership, employment, agency, or joint venture relationship.
12.2 Severability. If any provision is invalid, void, or unenforceable, that provision will be severed to the extent required, and the remaining provisions continue in effect.
13.1 These Terms are governed by the laws of Queensland, Australia.
13.2 The parties submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
13.3 Both parties agree to attempt resolution of any dispute through good faith negotiation before pursuing formal legal action.
14.1 The Client accepts these Terms by paying the package fee or first invoice, signing or approving a Scope of Work, or instructing MXM to commence the Services after receiving these Terms.
14.2 If there is any inconsistency between these Terms and a Scope of Work, the Scope of Work prevails to the extent of the inconsistency for that specific engagement.