Terms & Conditions

Last Updated: January 2025

Terms of Service

These Terms of Service ("Terms") govern your access to and use of the NexusByte website located at www.nexusbyte.com.au and our web development and IT services. Please read these Terms carefully before using our services.

By accessing or using our website or services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our website or services.

1. Definitions

• "NexusByte", "we", "us", "our": Refers to NexusByte, a technology services provider operating in Sydney, Australia.
• "You", "your", "client": Refers to the individual or entity accessing or using our services.
• "Services": Refers to all web development, IT support, software development, and related technology services provided by NexusByte.
• "Website": Refers to www.nexusbyte.com.au and all associated pages and content.
• "Content": Refers to all text, graphics, images, software, and other materials on our website.

2. Acceptance of Terms

By accessing, browsing, or using our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable Australian laws and regulations. If you do not agree with any part of these Terms, you must immediately discontinue use of our website and services.

3. Services Description

NexusByte provides the following services:

• Web development and design services
• Full-stack application development
• Business and residential IT support
• Managed IT services
• Cybersecurity and network security services
• Data management and recovery
• Computer repairs and maintenance
• Software development and consulting
• Cloud migration and management

We reserve the right to modify, suspend, or discontinue any service at any time without prior notice. We do not guarantee that our services will be available at all times or that they will be error-free.

4. Service Agreements

When you engage our services, a separate service agreement or contract may be entered into that will specify the scope of work, deliverables, timelines, pricing, and payment terms. In the event of any conflict between these Terms and a specific service agreement, the service agreement shall prevail to the extent of the conflict.

5. User Obligations and Acceptable Use

You agree to:

• Provide accurate, current, and complete information when using our services
• Maintain the security of your account credentials and notify us immediately of any unauthorized access
• Use our services only for lawful purposes and in accordance with these Terms
• Not use our services to transmit any harmful, offensive, or illegal content
• Not attempt to gain unauthorized access to our systems or networks
• Not interfere with or disrupt the operation of our website or services
• Not use automated systems (bots, scrapers) to access our website without permission
• Respect intellectual property rights of NexusByte and third parties

6. Intellectual Property Rights

6.1 Our Intellectual Property

All content on our website, including but not limited to text, graphics, logos, images, software, and code, is the property of NexusByte or its licensors and is protected by Australian and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from our content without our express written permission.

6.2 Client Intellectual Property

Upon full payment for services, ownership of custom-developed work (websites, applications, software) typically transfers to you, subject to any third-party licenses or components. Pre-existing materials you provide remain your property. We retain the right to use your project (with your permission) in our portfolio and marketing materials.

7. Pricing and Payment

Pricing for our services will be provided in writing before work commences. Payment terms are as follows:

• All prices are in Australian Dollars (AUD) unless otherwise stated
• Payment terms will be specified in your service agreement (typically 50% deposit, 50% on completion, or as otherwise agreed)
• We accept payment via bank transfer, credit card, or other methods as agreed
• Late payments may incur interest charges at a rate of 1.5% per month
• We reserve the right to suspend services for overdue accounts
• All prices exclude GST unless otherwise stated. GST will be added where applicable

8. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the services repaired or replaced if the services fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms purports to modify or exclude the non-excludable guarantees provided by the Australian Consumer Law.

9. Warranties and Disclaimers

To the maximum extent permitted by Australian law:

• We provide services on an "as is" and "as available" basis
• We do not warrant that our services will be uninterrupted, error-free, or completely secure
• We do not guarantee specific results or outcomes from our services
• We are not responsible for third-party services, software, or platforms used in conjunction with our services
• We do not warrant that our website will be free from viruses or other harmful components

Subject to your rights under the Australian Consumer Law, all warranties, express or implied, are excluded.

10. Limitation of Liability

To the maximum extent permitted by Australian law, and subject to your rights under the Australian Consumer Law:

• Our total liability for any claim arising from or in connection with our services shall not exceed the amount paid by you for the specific service giving rise to the claim
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities
• We are not liable for any loss or damage resulting from your failure to comply with these Terms or provide accurate information
• We are not responsible for delays or failures in performance resulting from circumstances beyond our reasonable control

11. Indemnification

You agree to indemnify, defend, and hold harmless NexusByte, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising from:

• Your use of our website or services
• Your violation of these Terms
• Your violation of any rights of another party
• Content you provide or transmit through our services

12. Cancellation and Refunds

12.1 Cancellation by You

You may cancel a service agreement in writing. Cancellation fees may apply depending on the stage of work completed. Any work completed up to the cancellation date will be invoiced and payable. Deposits are generally non-refundable unless otherwise agreed in writing.

12.2 Cancellation by Us

We reserve the right to cancel or suspend services if you breach these Terms, fail to make payments, or engage in conduct that we reasonably believe is harmful to our business or reputation. In such cases, you will be liable for all work completed up to the cancellation date.

12.3 Refunds

Refunds will be handled in accordance with the Australian Consumer Law. For services that have not been provided, refunds may be available subject to our cancellation policy. For completed services, refunds are generally not available unless required by law or as specified in your service agreement.

13. Confidentiality

We respect the confidentiality of your business information and will not disclose confidential information to third parties without your consent, except as required by law or as necessary to provide our services. You agree to maintain the confidentiality of any proprietary information we share with you.

14. Third-Party Services and Links

Our website may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of service of third-party sites. Your use of third-party services is at your own risk and subject to their respective terms and conditions.

14.1 Google reCAPTCHA

Our website uses Google reCAPTCHA v3, a security service provided by Google LLC, to protect our contact forms and newsletter subscription forms from spam, abuse, and automated attacks. By using our website and submitting forms, you acknowledge and agree that:

• Your use of our forms is subject to Google's Terms of Service and Privacy Policy
• Google may collect and process certain information about your device and behavior for security purposes
• We use reCAPTCHA to ensure the security and integrity of our website and to prevent fraudulent submissions
• Failure to pass reCAPTCHA verification may result in your form submission being rejected

For more information about Google reCAPTCHA, please visit https://www.google.com/recaptcha/about/.

15. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, government actions, internet failures, or acts of third parties.

16. Dispute Resolution

If a dispute arises:

1. Negotiation: Both parties agree to attempt to resolve the dispute through good faith negotiation
2. Mediation: If negotiation fails, the dispute will be referred to mediation in accordance with the Australian Commercial Disputes Centre (ACDC) mediation rules
3. Court Proceedings: If mediation is unsuccessful, either party may commence legal proceedings in the courts of New South Wales, Australia

17. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original provision.

19. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of our website or services after such changes constitutes acceptance of the modified Terms. If you do not agree with the changes, you must discontinue use of our services.

20. Entire Agreement

These Terms, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and NexusByte regarding the use of our website and services, superseding all prior agreements and understandings.

21. Contact Information

If you have any questions about these Terms, please contact us:

22. Acknowledgment

By using our website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms, you must not use our website or services.