Who We Are
Thynko ("Thynko", "we", "us", "our") is a customer experience strategy and design consultancy based on the NSW Central Coast, operated by Paulo Toni (ABN 11 396 646 302).
Acceptance of Terms
By using our website or engaging our services, you agree to these Terms & Conditions. If you do not agree, please do not use our site or services.
1. Services
Thynko offers Experience Mapping, Service Alignment, Digital Product Design, Brand Experience, and related Experience Architecture consulting. All project scopes, deliverables, timelines, and fees are confirmed in written proposals or statements of work before work begins.
2. Client Responsibilities
Clients must provide accurate information, feedback, and approvals in a timely manner. Delays caused by late client input may affect project timelines and delivery schedules. Thynko will communicate any such impact as early as possible. Clients are responsible for ensuring that any materials, content, or assets provided to Thynko do not infringe third-party intellectual property rights.
3. Fees & Payment
Fees are detailed in each project proposal. Unless otherwise agreed in writing, the following payment terms apply:
50% deposit payable upon project commencement
50% balance payable upon delivery of final files or project completion
Invoices are payable within 14 days of the invoice date. Late payments may incur interest at the standard statutory rate under the Penalty Interest Rates Act 1983 or its successor, and may result in suspension of work until the outstanding balance is cleared. Thynko reserves the right to withhold final deliverables until all outstanding amounts are paid in full.
4. Scope Changes & Revisions
Each project proposal will specify the number of revision rounds included. Requests beyond the agreed scope — including additional revisions, new deliverables, or material changes to project direction — will be treated as variations and quoted separately. If a client requests a significant change of scope mid-project, Thynko will provide a written variation estimate for approval before proceeding. Work will not begin on out-of-scope requests without written agreement on additional fees.
5. Intellectual Property
Final deliverables, once paid for in full, are transferred to the client. Drafts, working files, concepts, and rejected directions remain the property of Thynko unless expressly agreed otherwise in writing. Thynko retains the right to showcase completed work for portfolio and promotional purposes. If a project is subject to confidentiality requirements, this must be agreed in writing prior to commencement.
6. Subcontracting
Thynko may engage trusted contractors or specialist collaborators to assist in delivering project work. Any subcontractors engaged by Thynko are bound by equivalent confidentiality and professional obligations. Thynko remains responsible for the quality and delivery of work under the agreed proposal.
7. Confidentiality & Privacy
Thynko respects client confidentiality and complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Any sensitive project or business information shared will be protected and not disclosed to third parties except as required by law or with written consent. See our Privacy Policy for more detail.
8. Limitation of Liability
Thynko will deliver work professionally and in accordance with the agreed proposal. To the extent permitted by law:
Thynko is not liable for indirect, consequential, or special damages, loss of profit, or issues arising from client misuse or further modification of deliverables after handover
Maximum liability for any claim is limited to the total fees paid by the client for the relevant project
Thynko makes no guarantee of specific business outcomes resulting from the work delivered
Nothing in these terms limits liability for fraud, wilful misconduct, or any liability that cannot be excluded by law (including consumer guarantees under the Australian Consumer Law).
9. Force Majeure
Thynko will not be liable for delays or failure to deliver caused by circumstances beyond our reasonable control, including but not limited to illness, natural disaster, government action, or critical third-party service failures. In such cases, Thynko will notify the client promptly and agree on a revised timeline in good faith.
11. Termination
Either party may terminate a project engagement by providing written notice. In the event of termination:
Any work completed to the date of termination must be paid for in full, including any non-refundable deposits or committed third-party costs
If Thynko terminates due to non-payment or breach, the client forfeits any deposit paid
Thynko may decline future engagements with clients who breach these terms
A minimum notice period of 5 business days is required for termination unless otherwise agreed or unless the termination is due to a material breach.
12. Dispute Resolution
In the event of a dispute, both parties agree to first attempt resolution through good faith negotiation. If a resolution cannot be reached within 14 days, either party may seek mediation before pursuing formal legal proceedings. This clause does not prevent either party from seeking urgent injunctive or interlocutory relief from a court where necessary.
13. Governing Law
These terms are governed by the laws of New South Wales, Australia. Any disputes not resolved through the process above will be subject to the exclusive jurisdiction of the courts of New South Wales.
14. Changes to Terms
These terms may be updated to comply with changes in law or business practice. Clients will be notified of any significant changes that affect ongoing projects. The latest version will always be published on this website.
For any questions about these terms, contact us at hello@thynko.com.au.