Welcome to Fractional CTOs.
These Terms & Conditions govern your use of this website and your engagement with Austech Online T/A Fractional CTOs for advisory, consulting, technology leadership and related services.
By using this website, submitting an enquiry, booking a call, accepting a proposal or engaging our services, you agree to these Terms & Conditions.
1. About us
This website is operated by Austech Online T/A Fractional CTOs.
ABN: 82 307 630 720
Email: contact@fractionalctos.com.au
Website: fractionalctos.com.au
In these Terms, “Fractional CTOs”, “we”, “us” or “our” refers to Austech Online T/A Fractional CTOs. “You” or “your” refers to any person, business, company or organisation using this website or engaging our services.
2. Use of this website
You may use this website for lawful purposes only.
You must not:
- use this website in a way that breaches any law or regulation;
- attempt to gain unauthorised access to the website, server, systems or data;
- copy, scrape, reproduce or misuse website content without permission;
- upload or transmit harmful code, spam or malicious material;
- interfere with the security, performance or availability of the website;
- use the website to send spam, misleading information or unlawful material.
We may restrict or block access to this website if we believe there has been misuse or a breach of these Terms.
3. Website content
The content on this website is provided for general information only. It is not intended to be comprehensive technical, legal, financial, investment, compliance, security or business advice.
While we aim to keep website information accurate and current, we do not guarantee that all content is complete, up to date or suitable for your specific circumstances.
You should seek tailored advice before making significant business, technology, compliance, security, investment or procurement decisions.
4. Services
Fractional CTOs provides senior technology leadership and advisory services, which may include:
- fractional CTO support;
- technology strategy and roadmapping;
- software architecture review;
- product and delivery oversight;
- vendor and agency management;
- AI and automation strategy;
- board, investor and executive advisory;
- technical due diligence and review;
- security, compliance and risk guidance;
- development team support and technical leadership.
The exact services, inclusions, deliverables, hours, fees and timelines will be set out in a proposal, statement of work, engagement letter, plan description or written agreement.
If there is any inconsistency between these Terms and a signed proposal or agreement, the signed proposal or agreement will apply to the extent of that inconsistency.
5. Proposals and engagement
A proposal is valid for the period stated in the proposal. If no period is stated, the proposal is valid for 14 days from the date issued.
An engagement begins when:
- you accept a proposal;
- you sign an agreement;
- you pay an invoice;
- you approve work to commence in writing; or
- we otherwise confirm in writing that work has commenced.
We reserve the right to decline an engagement if we believe we are not the right fit, there is a conflict of interest, the scope is unclear, or the work presents unacceptable legal, commercial, technical or ethical risk.
6. Pricing and payment
All prices are stated in Australian dollars unless otherwise noted.
Prices may be listed as monthly fees, hourly rates, project fees, retainers or custom engagement fees. GST will be applied where applicable.
Payment terms will be stated on the relevant invoice, proposal or agreement. Unless otherwise agreed in writing, invoices are payable before work commences or in accordance with the payment schedule in the proposal.
If payment is overdue, we may:
- pause work;
- delay meetings, reviews or deliverables;
- suspend access to support;
- charge reasonable recovery costs;
- require payment before resuming services.
You are responsible for paying all amounts properly invoiced under an accepted proposal, plan or agreement.
7. Monthly plans
Where you engage us on a monthly fractional CTO plan, the included hours, services and fees will be set out in the relevant plan, proposal or agreement.
Unless otherwise agreed in writing:
- unused hours do not roll over month to month;
- additional hours may be billed at the agreed hourly rate;
- monthly plans are payable in advance;
- support is subject to reasonable availability;
- response times may vary depending on the plan and nature of the request;
- included hours are for advisory, review, strategy, leadership, meetings and related CTO services, not unlimited implementation work.
Monthly plans are designed to provide access to senior CTO leadership. They do not include unlimited consulting, unlimited support, software development, emergency incident response or third-party vendor costs unless expressly included in writing.
8. No lock-in
Where a plan is advertised as “no lock-in” or “cancel anytime”, you may cancel future monthly service periods by giving written notice before the next billing date.
Cancellation does not remove your obligation to pay any outstanding invoices, fees for work already completed, committed third-party costs, or amounts due under a signed proposal or agreement.
If you cancel part-way through a billing period, fees already paid for that billing period are not refundable unless required by law or otherwise agreed in writing.
9. Scope changes
If you request work outside the agreed scope, we may provide a separate quote, revised proposal or additional hourly estimate.
Out-of-scope work may include, but is not limited to:
- hands-on software development;
- emergency incident response;
- detailed legal, financial or compliance documentation;
- security remediation;
- recruitment services;
- product design or UX/UI delivery;
- implementation work by third-party vendors;
- travel, onsite workshops or board presentations not included in the original scope;
- preparing formal reports, board packs, investor materials or technical documentation not included in the agreed scope.
We will not be responsible for delays caused by scope changes, late feedback, missing information, third-party delays or decisions outside our control.
10. Your responsibilities
To allow us to provide services effectively, you agree to:
- provide accurate and complete information;
- give timely access to relevant systems, documents, stakeholders and vendors;
- respond to questions and requests within a reasonable timeframe;
- make decisions when required;
- ensure you have the right to share any information or access you provide;
- maintain your own backups, security controls and business continuity processes;
- comply with applicable laws, privacy obligations and industry requirements.
We rely on the information you provide. We are not responsible for errors, delays or outcomes caused by incomplete, inaccurate or withheld information.
11. Technology recommendations
We may provide recommendations about platforms, systems, vendors, developers, tools, architecture, processes, AI solutions, automation, security, compliance or delivery methods.
These recommendations are based on the information available at the time. Technology environments, security risks, pricing, regulations, vendor offerings and business conditions can change.
You remain responsible for final business decisions, approvals, procurement, implementation and operational use of any technology, vendor or recommendation.
12. No guaranteed outcomes
We aim to provide practical, commercially focused technology leadership. However, we do not guarantee specific business, financial, investment, fundraising, compliance, security, performance, platform, revenue or delivery outcomes.
Any examples, case studies, results or testimonials on this website are provided for context only. They do not guarantee that the same or similar outcomes will be achieved for your business.
13. Third-party services
Our services may involve third-party platforms, software, tools, hosting providers, analytics services, payment providers, development teams, SaaS products, cloud providers or vendors.
We are not responsible for the performance, availability, security, pricing, policies, data handling or conduct of third-party providers.
You are responsible for reviewing and accepting the terms, privacy policies, costs and risks of any third-party tools or services you choose to use.
14. Intellectual property
Unless otherwise agreed in writing, we retain ownership of:
- our pre-existing intellectual property;
- frameworks, templates, methods and processes;
- general know-how, ideas and experience;
- reusable tools, systems, documentation structures and advisory materials.
Once all invoices relating to an engagement have been paid in full, you will own the specific final deliverables created for you under that engagement, unless otherwise stated in the proposal or agreement.
You must not copy, resell, publish, distribute or commercially exploit our materials, frameworks, templates or documentation outside your organisation without written permission.
15. Confidentiality
Each party may receive confidential information from the other.
Both parties agree to keep confidential information secure and not disclose it to third parties except where:
- disclosure is required to deliver the services;
- disclosure is required by law;
- the information is already public;
- the other party has given written consent;
- disclosure is to professional advisers, insurers, contractors, employees or service providers who need to know the information.
This confidentiality obligation continues after the engagement ends.
16. Privacy
We handle personal information in accordance with our Privacy Policy.
By using this website, submitting an enquiry, booking a call or engaging our services, you consent to the collection and handling of your personal information as described in our Privacy Policy.
17. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be excluded under the Australian Consumer Law or any other applicable law.
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you may be entitled to cancel your service contract with us and receive a refund for the unused portion, or compensation for its reduced value. You may also be entitled to compensation for any other reasonably foreseeable loss or damage.
To the maximum extent permitted by law, our liability for any breach of a non-excludable guarantee is limited to the resupply of services or the cost of having the services supplied again.
18. Limitation of liability
To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential or economic loss, including loss of profit, revenue, opportunity, goodwill, data, contracts, reputation or business interruption.
To the maximum extent permitted by law, our total liability arising out of or relating to this website, our services or these Terms is limited to the amount paid by you to us for the relevant services giving rise to the claim.
This limitation does not apply where liability cannot be limited by law.
19. Indemnity
You agree to indemnify us against any loss, damage, cost, claim or expense arising from:
- your breach of these Terms;
- your misuse of this website;
- information, access or materials you provide;
- decisions you make based on our advice;
- your breach of law, regulation or third-party rights;
- third-party claims relating to your business, systems, products, users or services.
20. Website availability
We aim to keep this website available and secure, but we do not guarantee uninterrupted access.
We may update, suspend, modify or remove any part of the website at any time without notice.
We are not responsible for loss or damage caused by website downtime, technical issues, cyber incidents, third-party hosting problems or events outside our reasonable control.
21. Links to other websites
This website may contain links to third-party websites. These links are provided for convenience only.
We do not control, endorse or accept responsibility for third-party websites, content, services, policies or practices.
22. Changes to these Terms
We may update these Terms from time to time. The updated version will be published on this page with a revised “Last updated” date.
Your continued use of this website or our services after changes are published means you accept the updated Terms.
23. Governing law
These Terms are governed by the laws of New South Wales, Australia.
Each party submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
24. Contact
For questions about these Terms, please contact:
Fractional CTOs
Austech Online T/A Fractional CTOs
ABN: 82 307 630 720
Email: contact@fractionalctos.com.au
Website: fractionalctos.com.au