Last Updated: 30th June 2026. 

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These Terms & Conditions govern the use of the System Stack website, software, products and services provided by Hatch Business Partners Pty Ltd (ABN 74 638 349 407 | ACN 638 349 407) trading as System Stack.

1. Definitions

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Client means the person or organisation engaging System Stack.

 

Project means the work described in a Proposal or Project Agreement.

 

Subscription means the ongoing fee for hosting, maintenance, support and continued access to the System.

 

System means the custom software, automations, integrations and portals developed by System Stack.

 

Agreed Savings Outcome means the specific time savings, cost savings or other measurable efficiency improvements agreed in writing between System Stack and the Client before commencement of the relevant Project. The Agreed Savings Outcome will be recorded in the Proposal, Project Agreement or other written agreement between the parties.

 

Baseline means the agreed measurement of the relevant business process or processes before implementation of the System, including the time, frequency, labour cost or other agreed metric used to establish the existing position.

 

Measurement Period means the period during which the System’s performance is assessed against the Baseline and Agreed Savings Outcome, as specified in the Proposal or Project Agreement.

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2. Our Services

System Stack designs, develops and maintains bespoke business software, portals, dashboards, automations, mobile applications and integrations. Each project is governed by an accepted Proposal or Project Agreement.

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3. Project Scope

The agreed scope is limited to the work described in the Proposal. Additional functionality outside the agreed scope may require a Variation Proposal and additional fees.

 

4. Variations & Scope Changes

Minor refinements may be completed at our discretion. Requests for additional functionality, redesigns, integrations or workflow changes may require a revised quotation, revised timeline and written approval before work commences.

 

5. Project Timeframes

Delivery estimates are indicative and rely on timely feedback, approvals and access to required systems.

Where a Project includes a specific delivery commitment or guarantee, the applicable terms will be set out in the Proposal or Project Agreement.

 

Delays caused by the Client or third parties may extend delivery dates and may affect any applicable performance or delivery guarantee.

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6. Client Delays

If a Project is delayed because required information, approvals or access are not provided, System Stack may extend delivery timeframes. Projects inactive for more than 30 days may be placed on hold, rescheduled or incur a reasonable recommencement fee. Projects inactive for more than 90 days may be treated as terminated and recommencement quoted separately.

 

7. Client Responsibilities

The Client agrees to provide: accurate information, required system access, a nominated project contact, timely feedback throughout the Project and, ensure relevant staff use the System as intended; and provide reasonable access to the business processes and information required to establish the Baseline and measure performance.

 

The Client acknowledges that the effectiveness of a System depends partly on its proper use, adoption and implementation within the Client’s business.

 

8. Acceptance of Deliverables

Completed work will be deemed accepted if no material defects are reported within 14 days of delivery. Enhancement requests do not delay acceptance.

 

9. Subscription Services

An ongoing Subscription provides continued access to the System together with hosting, maintenance, bug fixes, platform updates, monitoring, backups and reasonable technical support.

 

10. Performance Guarantee

Where a Proposal or Project Agreement includes the System Stack Performance Guarantee, System Stack will agree with the Client, before commencement of the relevant Project, on an Agreed Savings Outcome and the method by which that outcome will be measured.

 

The Agreed Savings Outcome may include measurable improvements such as:

• reduction in administrative hours;

• reduction in manual data entry;

• reduction in duplicated work;

• reduction in time spent managing particular workflows;

• reduction in agreed labour or administration costs; or

• other measurable efficiency improvements specifically identified in the Proposal or Project Agreement.

 

The Baseline and measurement methodology will be agreed before the relevant Project commences.

 

Following implementation, System Stack and the Client will assess the System during the agreed Measurement Period against the Baseline and Agreed Savings Outcome.

 

Where the System does not achieve the Agreed Savings Outcome during the Measurement Period, and the failure is materially attributable to the System Stack solution or implementation, the Client will be entitled to have the first three months of Subscription fees waived.

 

Where Subscription fees for that period have already been paid, the applicable amount will be credited against future Subscription fees or, where the Client has terminated the Subscription, refunded.

 

The Performance Guarantee applies only to the specific Agreed Savings Outcome recorded in writing before commencement of the Project. It does not constitute a guarantee of increased revenue, profit, business growth, staffing outcomes or other results not expressly included in the Agreed Savings Outcome.

 

The Performance Guarantee does not apply to the extent that the relevant outcome is materially affected by:

• Client delays or failure to provide required information, access or approvals;

• failure by the Client or its staff to use the System as designed;

• failure to implement agreed business process changes;

• material changes to the Client’s business, staffing, transaction volumes or operating processes after the Baseline is established;

• functionality added, removed or changed after the Agreed Savings Outcome was agreed;

• third-party software, services, APIs, infrastructure or integrations outside System Stack’s reasonable control;

• work performed or modifications made by parties other than System Stack; or

• events covered by the Force Majeure provisions of these Terms.

 

The Performance Guarantee is in addition to, and does not limit, any rights or remedies available to the Client under Australian Consumer Law.

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11. Lifetime System Guarantee

While your Subscription remains active, System Stack will maintain the software we have developed and correct defects arising from our original development. Included: bug fixes, security updates, compatibility updates and repair of workflows built by us. Excluded: new features, redesigns, business process changes, third-party platform changes beyond our control, user error, work performed by others and additional integrations.

 

12. Third-Party Platforms

Solutions may integrate with Softr, Supabase, Stripe, Xero, MYOB, Microsoft 365, Google Workspace, Zapier, Make, Twilio and other providers. These services remain subject to their own terms, pricing and availability.

 

13. Fees & Payment

Project and Subscription fees are detailed in your Proposal. Invoices are payable within the agreed terms. Failure to keep payments current may result in suspension.

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Any Subscription fees waived under the Performance Guarantee will be applied in accordance with Section 10.

 

14. Suspension

Where Subscription fees remain unpaid after reasonable notice, System Stack may suspend access. Client data will remain securely stored and access restored once outstanding amounts are paid.

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15. Ownership & Intellectual Property

The Client retains ownership of its data, branding, documents and content. System Stack retains ownership of its frameworks, reusable code, templates, methodologies, automations and intellectual property. A non-exclusive licence to use the System is granted while the Subscription remains active.

 

16. Client Data & Backups

Client data remains the Client's property. We use reputable hosting providers and reasonable safeguards including backups where available. Clients should retain copies of critical records. Data exports may be requested within 30 days of termination where reasonably practicable.

 

17. Confidentiality

Both parties agree to keep confidential information secure and use it only for delivering the services.

 

18. Security

System Stack uses reputable cloud providers offering encryption, authentication, role-based access and security controls. No online service can guarantee absolute security.

 

19. Limitation of Liability

Nothing in these Terms excludes, restricts or modifies rights or remedies that cannot lawfully be excluded, restricted or modified under Australian Consumer Law.

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To the extent permitted by law, liability is limited to fees paid for the relevant Project or Subscription.

 

System Stack is not liable for indirect or consequential loss arising from third-party services or circumstances beyond its reasonable control.

 

Nothing in this section limits a Client’s express entitlement to a remedy under the System Stack Performance Guarantee.

 

20. Termination

Either party may terminate an ongoing Subscription by providing 30 days' written notice. Outstanding fees remain payable. Clients may request an export of their data where reasonably practicable.

 

Outstanding fees remain payable, subject to any applicable credits, refunds or fee waivers under the Performance Guarantee.

 

21. Australian Consumer Law

Nothing in these Terms excludes or limits rights that cannot lawfully be excluded under Australian Consumer Law.

Where a Client is a consumer or small business entitled to consumer guarantees or other mandatory protections, those rights continue to apply. Any voluntary guarantee or warranty offered by System Stack operates in addition to those rights and does not replace them.

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22. Force Majeure

Neither party is liable for delays caused by events beyond reasonable control including natural disasters, internet outages, cyber incidents, government actions or failures of third-party infrastructure.

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23. Changes to these Terms

System Stack may update these Terms from time to time. The latest version will be published on the website.

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Changes will not retrospectively remove rights or obligations already agreed under an accepted Proposal or Project Agreement.

 

24. Governing Law

These Terms are governed by the laws of South Australia.

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25. Contact

System Stack
Phone: 08 7092 6474

Email: support@systemstack.com.au

Level 1/89 Pirie St, Adelaide SA, 5000

ABN 74 638 349 407
ACN 638 349 407