Terms of Service
Professional IT service terms and conditions governing our business relationship. These terms ensure clarity, protection, and mutual understanding between NexusByte and our valued clients.
Effective Date: January 2025 | Jurisdiction: New South Wales, Australia
Service Agreement Overview
Welcome to NexusByte's Terms of Service. These terms constitute a legally binding agreement between you (the "Client") and NexusByte (ABN: 48450169339) ("we," "us," or "NexusByte") regarding your use of our professional IT services.
Our services are governed by Australian Consumer Law, NSW Fair Trading legislation, and industry best practices. These terms are designed to protect both parties and ensure clear expectations for service delivery.
Important: By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these terms.
Service Agreement
- These terms govern your use of NexusByte IT services
- By engaging our services, you agree to these terms
- Services include IT support, software development, cybersecurity, and data management
- Custom service agreements may supplement these general terms
- All services are provided in accordance with Australian Consumer Law
Pricing & Payment
- Service fees are outlined in your service agreement or quote
- Payment terms are typically 7 days from invoice date
- Late payment fees may apply as per NSW legislation
- All prices are in Australian Dollars (AUD) and include GST where applicable
- Emergency or after-hours services may incur additional charges
Service Delivery
- We provide services with reasonable skill and care
- Service levels are defined in your specific service agreement
- Response times vary based on service tier and issue priority
- Remote access may be required for certain services
- On-site services are available within our service areas
Data Protection & Security
- We implement industry-standard security measures
- Client data remains confidential and secure
- Data backup and recovery services follow best practices
- We comply with Australian privacy and data protection laws
- Security incidents are handled according to our incident response procedures
Liability & Warranties
- Services are provided under Australian Consumer Law protections
- We warrant services will be performed with reasonable skill and care
- Liability is limited to the value of services provided
- Force majeure events may affect service delivery
- Professional indemnity insurance covers our services
Termination & Cancellation
- Either party may terminate with appropriate notice
- Immediate termination for breach of terms
- Outstanding fees remain payable upon termination
- Data return procedures apply upon service termination
- Ongoing support contracts have specific termination clauses
Intellectual Property
- • Client retains ownership of their data and content
- • NexusByte retains rights to our methodologies and tools
- • Custom software development rights as per agreement
- • Third-party software licenses remain with original owners
- • Confidentiality agreements protect proprietary information
Dispute Resolution
- • Direct negotiation as first step
- • Mediation through industry bodies if required
- • NSW courts have jurisdiction for legal matters
- • Australian Consumer Law protections apply
- • Professional standards and codes of conduct observed
Service Level Commitments
Critical Issues
Response within 2 hours during business hours
Standard Support
Response within 24 hours during business days
General Inquiries
Response within 48 hours during business days
Legal Framework
These terms are governed by and construed in accordance with the laws of New South Wales, Australia:
- • Australian Consumer Law (Competition and Consumer Act 2010)
- • NSW Fair Trading Act 1987
- • Privacy Act 1988 (Commonwealth)
- • Telecommunications Act 1997
- • Copyright Act 1968
- • Australian Securities and Investments Commission Act 2001