Last Updated: 7 September 2026

Terms of Service

These Terms of Service (Terms) are the agreement between NexusByte (ABN 48 450 169 339) (NexusByte, we, us, our) and you. They govern your use of our website and client portal, and every service we supply to you, whether you engage us through the website, by phone, by email or in person.

The Terms are in three parts. Part A covers the website and client portal. Part B covers our services, with separate sections for on-site work, data recovery, and web and software projects. Part C contains the general terms, including your rights under the Australian Consumer Law, which apply to everything.

1. About these Terms

1.1 Who we are

NexusByte is a technology services business based at 28 Blues Point Road, McMahons Point NSW 2060. We provide IT support, computer repairs, networking, cybersecurity, data recovery and data destruction, cloud services, and web and software development to homes and businesses across Sydney and, for remote and online services, across Australia. Our technicians attend your premises; our office is available by appointment.

1.2 When these Terms apply

You accept these Terms when you use our website or client portal, book a visit, submit a job, accept a quote or otherwise engage our services. If a quote, proposal or signed service agreement (Service Agreement) covers particular work, that document applies together with these Terms and prevails over them to the extent of any inconsistency. If you are engaging us on behalf of a business or another person, you confirm that you have authority to do so.

1.3 Your consumer rights come first

Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded by agreement. Where a clause is limited “to the extent permitted by law”, that is what it means. Section 15 sets out the consumer guarantees in full.

1.4 Defined terms

Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Business Day means a day other than a Saturday, Sunday or public holiday in New South Wales.
Consumer has the meaning given in section 3 of the Australian Consumer Law. In broad terms, you are a Consumer if the services cost $100,000 or less, or are of a kind ordinarily acquired for personal, domestic or household use.
Device means any computer, phone, tablet, storage device or other equipment you give us access to or leave with us.
Services means every service we supply to you, including on-site and remote support, repairs, data recovery and destruction, managed IT, and web, software and cloud work.
Site means www.nexusbyte.com.au, including the client portal, and any page or form we operate under that domain.
Work Guarantee means the NexusByte Work Guarantee published on the Site.
you and your mean the person or business using the Site or receiving the Services.

Part A – The website and client portal

2. Using the Site

You may use the Site to learn about our Services, make bookings and enquiries, submit jobs and, through the client portal, manage your account with us. In using the Site you must not: interfere with its operation or security; access it by automated means, other than search engines indexing public pages; attempt to access accounts, data or systems that are not yours; submit false or misleading information; or use it for any unlawful purpose.

Information on the Site, including articles and guides, is general in nature and is not advice for your particular situation. We take care to keep the Site accurate and available, but we do not promise that it will be uninterrupted or error-free, and we may change, suspend or withdraw any part of it. Changes to the Site do not affect a Service Agreement already in place.

3. Client portal accounts

You must be at least 18 years old to hold an account, and the details you give us must be accurate and kept current.
You are responsible for keeping your sign-in details and any sign-in links we email you confidential, and for everything done through your account. Tell us promptly if you believe it has been accessed without authority.
Where you invite team members to your account, you are responsible for their use of it and for removing access when they leave.
We may suspend or close an account that is used in breach of these Terms, that is inactive for a prolonged period, or where required for security. You may close your account at any time by contacting us; closing an account does not end a Service Agreement.

4. Intellectual property

4.1 Our material

The Site and everything on it, including text, images, designs, code, logos and the NexusByte name, belong to us or our licensors and are protected by Australian and international law. You may view and print pages for your own use. You must not otherwise copy, adapt, publish or commercially exploit our material without our written permission.

4.2 Your material

You keep ownership of the content, data, logos and other material you give us. You grant us a licence to use that material to the extent needed to supply the Services, and you confirm that you have the right to give it to us for that purpose.

4.3 Feedback

We may use suggestions and feedback you give us about the Site or Services without restriction. We only quote you by name in testimonials or case studies with your permission.

5. Third-party sites and services

The Site links to third-party websites and relies on third-party services, including Google reCAPTCHA on our forms, Google Maps, Mapbox address search and Square for card payments. Those services are governed by their own terms and privacy policies, which are described in our Privacy Policy. We are not responsible for the content or conduct of third-party sites we link to.

Part B – Our services

6. Engaging us

6.1 Bookings, quotes and Service Agreements

Site visits are booked through the Site or by phone and confirmed by email. For most work we quote before we start, either a fixed price or an hourly rate, and a quote is open for acceptance for 30 days unless it says otherwise. Larger engagements, including web and software projects and managed IT, are documented in a Service Agreement that records the scope, deliverables, timeline and price.

6.2 Scope and variations

We supply what is described in the booking confirmation, quote or Service Agreement. If you ask for additional or different work, or if the work turns out to need more than was reasonably foreseeable when we quoted, we will tell you and agree the change and its price before proceeding. Variations are confirmed in writing, which includes email and the client portal.

6.3 Timing

Dates and timeframes we give are estimates made in good faith. We will do what we reasonably can to meet them and tell you promptly if a delay becomes likely. Timeframes depend on your cooperation, including timely access, information, approvals and payments, and on third parties such as suppliers and hosting providers.

7. Prices, GST and payment

Prices. All prices are in Australian dollars. Prices shown on the Site and quoted to Consumers include GST. Quotes to business customers state whether GST is included.
When payment is due. On-site and remote work is payable on completion. Data recovery fees are payable as set out in section 10. Project work is payable in the instalments set out in the Service Agreement, which normally include a deposit before work starts. Unless a Service Agreement says otherwise, invoices are due 14 days from the invoice date.
How to pay. We accept bank transfer and card payments. Card payments on the Site are processed by Square; we never see or store your card number.
Overdue accounts. If an invoice is not paid when due, we may charge interest at 1.5% per month on the overdue amount from the due date until it is paid, and recover the reasonable costs of collecting the debt. After giving you notice, we may suspend Services until the account is brought up to date.
Disputed invoices. If you believe an invoice is wrong, tell us within 7 days of receiving it and we will work through it with you. You must still pay any part of the invoice that is not in dispute.

8. Your obligations for every service

You agree to:

Give us accurate and complete information about what you need and about your systems, and tell us if anything changes.
Provide the access, cooperation, decisions and approvals we reasonably need, when we need them.
Confirm that you own, or are authorised to have work done on, the Devices, software, accounts and data you ask us to work on, and that our doing so will not infringe anyone else's rights or any licence terms.
Authorise us to access, configure and where necessary modify your systems, software and data to the extent needed to do the work you have asked for, including by remote access where you have agreed to it.
Keep a current backup of your data. Repairs, upgrades, operating system work and malware removal can result in the loss of data, settings or installed software. Unless you have engaged us to back up your data first, you are responsible for backing up everything you need before we start.
Use the Services only for lawful purposes.

9. On-site visits and repairs

9.1 Booking, cancellation and rescheduling

You may cancel or reschedule a booked site visit or office appointment free of charge by phone, email or WhatsApp up to 24 hours before the booked time. We do not charge a call-out fee for attending a booked visit. If a booking is cancelled with less than 24 hours' notice, or our technician attends at the booked time and address and nobody is available, we may charge a no-show fee reflecting the technician's time and travel actually incurred, and we may ask for a deposit before accepting a further booking. If we need to cancel or reschedule a visit, we will tell you as soon as possible and no charge applies.

9.2 At the visit

So that our technician can do the work safely and without delay, you agree to:

Have a person aged 18 or over present for the whole visit.
Give the technician access to the areas, equipment, accounts and passwords needed for the work, and to power and an internet connection where the work needs them.
Provide a safe working space, free of hazards, and treat our technician with courtesy. We may end a visit and decline further work where a technician is met with abusive, aggressive or threatening behaviour, and the time already spent is payable.
Have your software licences, installation media, product keys and account sign-in details available if the work involves installing or reactivating software.

9.3 Repairs and parts

We quote before work starts. Where a repair turns out to need more work or parts than first thought, we stop and tell you, and you decide whether to proceed.
Parts we supply are new unless we tell you otherwise. Where a refurbished or compatible part is the sensible option, we will say so before fitting it. Parts carry the supplier's warranty in addition to your rights under the Australian Consumer Law.
Some problems cannot be fixed on the spot. With your permission we may take the Device to our workshop for diagnosis and repair. We look after it with reasonable care while it is with us and return it when the work is done.
Opening a Device can void a manufacturer or retailer warranty and may leave marks. We will tell you before opening a Device that is still under warranty.
Where the right solution is to replace or upgrade hardware or software, telling you so is part of the service, whether or not you decide to go ahead.

9.4 Charges

There is no call-out fee, no minimum charge and no surcharge for evenings, weekends or public holidays. Prices are agreed before work starts, as a fixed price or an hourly rate, and are stated including GST for Consumers. Payment for on-site work is due on completion unless a Service Agreement says otherwise.

9.5 Uncollected Devices

A Device left with us for more than 60 days after we tell you that the work is finished may be recycled or disposed of, after we have made reasonable attempts to contact you and with any data securely destroyed first.

10. Data recovery and data destruction

This section applies when you submit a Device to us for data recovery, data extraction or data destruction, whether through the “Submit a Job” form on the Site, in person or by post. Where it differs from another section, this section applies to those Services.

10.1 Submitting a job

Every Device must be lodged through our online job form before it is brought in or sent to us. On submission you receive a job number, a printable job sheet (PDF) by email and a text message with the job number to the mobile number you gave us. The job number must accompany the Device. Devices that arrive without a job number may be delayed until one is lodged.

You are responsible for sending the correct Device and for packing it safely. We recommend at least 3 cm of bubble wrap on all sides in a sturdy box, and a delivery service with tracking and signature on delivery. Devices in transit are at your risk until we confirm receipt. Do not send cables, cases, SIM cards, memory cards or other accessories unless we ask for them; we are not responsible for accessories.

10.2 Ownership and lawful authority

You confirm that you own the Device, or have the owner's authority, and that you can provide proof of ownership and identification if we ask. We refuse service where ownership cannot be established, including for Devices belonging to a family member, employee or employer where their authority is not shown. Our data recovery services are not forensic services: we do not provide reports, statements, chain-of-custody records or court attendance, and recovered data is supplied for your private use only.

10.3 Assessment, opening the Device and warranties

Assessing a Device usually requires opening it. Many Devices cannot be opened without marking, cracking or permanently altering the housing, and some cannot be reassembled to their original condition. By submitting a Device you accept that it may be returned marked, damaged or non-functional, that assessment and recovery work voids manufacturer and retailer warranties, and that, where the work is carried out with reasonable care and skill, we are not liable for cosmetic or functional damage, loss of warranty or loss of value arising from it. This applies even if you do not proceed with a quote.

10.4 Fees, quotes and payment

Free assessment. Where you choose the free assessment we examine the Device and provide a written quote and time estimate, on average within 1 to 2 Business Days. No fee is payable for the assessment.
Urgent quote fee. Where you choose an urgent quote ($150 for most Devices, $500 for RAID and NAS units) the fee is payable when the job is submitted and is non-refundable. It pays for our time to examine the Device as soon as it arrives and quote as fast as possible, whether or not you accept the quote and whether or not data can be recovered.
Recovery services. The fee for the recovery service you select (for example the Economy, Priority or Emergency service for mobile devices, or the iTunes backup services) is only invoiced after we confirm that your data is recoverable. If we cannot recover your data, you do not pay for the recovery service. Add-ons you select, such as additional data extraction or an external drive for the recovered data, are charged with the service.
Payment. Upfront fees can be paid by card through Square or by bank transfer. Work on a bank-transfer job starts once the funds have cleared. Recovery invoices are due within 14 days of completion and before recovered data is released. All prices are in Australian dollars and include GST.
Late payment. Where an invoice is not paid within 14 days of completion, interest at 1.5% per month accrues on the overdue amount from the due date until it is paid, unless waived in writing by us before the quote was approved. Unpaid invoices may be referred to a collection agency after 60 days, and the reasonable costs of collection are payable by you.
Recovered data and Devices. Recovered data is held for 14 days after payment and may be deleted after 90 days. Devices left with us for more than 60 days after we notify you that the job is finished may be recycled or disposed of, with any data securely destroyed first.

10.5 What counts as a successful recovery

Data recovery cannot be guaranteed. Some Devices yield no recoverable data and others only part of it. A recovery is successful when we recover the critical files you listed on the job form, or at least 95% of the data on the Device where no critical files were listed. Please be specific about the files that matter to you; our determination of what was recovered is based on the technical outcome, not on whether the data turns out to be useful to you. Data recovery is an emergency service and not a substitute for keeping backups.

10.6 Mobile phones, tablets and encrypted Devices

Recovering data from a phone, tablet or encrypted Device requires the passcode, PIN, password, pattern or encryption key and, for Apple devices, the Apple ID and password. You must provide correct credentials when asked. If we repair the fault but cannot unlock the Device because the correct credentials were not provided, the quoted price is payable in full within 7 days even though the data cannot be recovered. Where you have selected the “extreme level” of work for a mobile device, you agree that the Device, and any part of it, will not be returned to you regardless of the outcome, and that this choice cannot be reversed once work has started. In around 5% of severely damaged phones a logic board transplant is needed; we will tell you if this applies and you may decline without charge.

10.7 Data destruction

For data destruction jobs we destroy the storage devices you deliver to us so that the data on them cannot be recovered. A free certificate lists the number of devices destroyed. A detailed certificate listing model and serial numbers is available for $1 per device. Devices submitted for destruction are not returned. You confirm that you are entitled to have the devices and the data on them destroyed.

10.8 Cancellation

You may cancel a job in writing at any time before recovery work begins, and any urgent quote fee already paid is not refunded. Once recovery work has begun, half of the quoted amount is payable on cancellation. Return postage for a cancelled job is charged at cost.

11. Web, software and cloud projects

11.1 Scope and approvals

Project work is delivered against the scope in the Service Agreement. You will review deliverables and give approvals or feedback within the time it sets, or within 10 Business Days if it is silent. A deliverable is accepted when you approve it, when you put it into live use, or when that period passes without written notice of a material defect.

11.2 Your content and third-party components

You supply the text, images, branding and data the project needs and are responsible for having the rights to use them. Projects commonly rely on third-party components such as hosting, domain names, software licences, payment gateways and APIs. Those are supplied on their providers' terms, their fees are yours unless the Service Agreement says otherwise, and we are not responsible for their availability or changes to them.

11.3 Intellectual property in deliverables

On payment in full, ownership of the custom work we create for you, such as the design, code and content written specifically for your project, transfers to you. We keep ownership of our pre-existing tools, libraries, templates and know-how, and grant you a perpetual licence to use them as part of your deliverables. Open-source components remain subject to their own licences. With your permission we may show the project in our portfolio.

11.4 After delivery

Support, maintenance, hosting and security updates after delivery are provided only where the Service Agreement includes them. Where they are not included, you are responsible for keeping the site or software, its hosting and its dependencies up to date.

12. Managed IT and support services

Managed IT and ongoing support are supplied on the scope, response targets and fees in the Service Agreement. Response times are targets, not guarantees, and depend on the severity of the issue and your cooperation. Faults in third-party services such as internet providers, software vendors and cloud platforms are outside our control; we will help you work with those providers but are not responsible for their outages. Where we monitor your systems or hold administrative credentials, we do so only to supply the Services and hand everything back when the engagement ends.

13. Cancellation and refunds

13.1 By you

You may end a Service Agreement by written notice. Work completed and costs committed up to the date of cancellation are payable. A deposit is applied to that amount, and any balance of the deposit beyond it is refunded. Data recovery jobs are cancelled under section 10.8 and site visits under section 9.1.

13.2 By us

We may suspend or end Services if you are in serious breach of these Terms, fail to pay when due after a reminder, or behave abusively toward our staff or contractors. Where reasonable we will give you notice and a chance to fix the problem first. You remain liable for work completed up to that date.

13.3 Refunds

Refunds are provided as required by the Australian Consumer Law and the Work Guarantee. Beyond that, work already performed is not refundable, and prepaid amounts for work not performed are refunded.

14. Confidentiality and your data

Each of us will keep the other's confidential information confidential and use it only for the purposes of the Services, except where disclosure is required by law or the information is already public. Our employees and contractors are bound by confidentiality obligations. We access your data and systems only as far as the Services require, handle personal information in accordance with our Privacy Policy, and return or delete your data on request when an engagement ends, subject to any records we must keep by law.

Part C – General terms

15. Australian Consumer Law

Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Where the Australian Consumer Law permits us to limit our liability for a failure to comply with a consumer guarantee, because the goods or services are not of a kind ordinarily acquired for personal, domestic or household use, our liability is limited, at our option, to supplying the services again or paying the cost of having them supplied again, and for goods, to replacing or repairing them or paying the cost of doing so.

16. Liability

16.1 What we are responsible for

We are responsible for supplying the Services with due care and skill, and we hold public liability and professional indemnity insurance. Nothing in this section limits our liability for death or personal injury caused by our negligence, for fraud, or for anything that cannot be limited by law.

16.2 Limits that apply to business customers

Where you are not a Consumer, and to the extent permitted by law: our total liability to you arising out of or in connection with the Services, whether in contract, tort (including negligence), statute or otherwise, is limited to the amount you paid us for the Services giving rise to the claim in the 12 months before the event; and neither of us is liable to the other for loss of profit, revenue, business or goodwill, or for indirect or consequential loss.

16.3 Matters within your control

To the extent permitted by law, we are not liable for loss to the extent it is caused by inaccurate information or instructions you gave us, your failure to keep a backup or to follow our reasonable advice, your breach of these Terms, or events outside our reasonable control. Our liability is reduced to the extent that your acts or omissions contributed to the loss.

17. Indemnity

Where you are not a Consumer, you indemnify us against claims by third parties, and the reasonable costs of dealing with them, that arise from content or material you supplied to us, from your breach of the authority and ownership confirmations in section 8, or from your unlawful use of the Services. This indemnity is reduced to the extent that we caused or contributed to the claim. Where you are a Consumer, this section applies only to the extent permitted by the Australian Consumer Law.

18. Resolving disputes

If a problem arises, tell us and we will try to resolve it with you directly within 10 Business Days. The Work Guarantee sets out how we handle concerns about the quality of our work. If the dispute is not resolved, either of us may refer it to mediation administered by the Australian Disputes Centre in Sydney, with the cost shared equally, before starting court proceedings. Nothing in this section prevents you from contacting NSW Fair Trading or the Australian Competition and Consumer Commission, or prevents either of us from seeking urgent relief from a court.

19. Changes to these Terms

We may update these Terms to reflect changes in our Services, our practices or the law. The updated Terms are published on the Site with a new “Last Updated” date and apply to Services engaged after that date. They do not change a Service Agreement already in place, and a change that would materially disadvantage you under an ongoing engagement is notified to you by email before it applies to you.

20. General

Notices. We may send notices about your bookings, jobs and account to the email address and mobile number you gave us; please keep them current. You may send notices to us at info@nexusbyte.com.au.
Our people. We may perform the Services through our employees and contractors, who are bound by these Terms and by confidentiality obligations. We remain responsible to you for the Services.
Events beyond our control. Neither of us is liable for delay or failure caused by events beyond our reasonable control, such as natural disasters, epidemics, utility or internet failures, supplier failures, cyber attacks or government action, provided the affected party tells the other promptly and does what is reasonable to work around the event.
Assignment. You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights to a successor in our business on notice to you.
Severability and waiver. If a clause is unenforceable it is read down or severed and the rest continues. A delay in enforcing a right is not a waiver of it.
Entire agreement. These Terms, the Privacy Policy, the Work Guarantee and any Service Agreement are the whole agreement between us about their subject matter. This does not exclude liability for misleading conduct or limit the Australian Consumer Law.
Governing law. These Terms are governed by the laws of New South Wales, Australia, and each of us submits to the jurisdiction of its courts.

21. Contact us

NexusByte
ABN: 48 450 169 339
Email: info@nexusbyte.com.au
Phone: +61 2 7235 2223
WhatsApp: +61 414 082 893
Office (by appointment): 28 Blues Point Road, McMahons Point NSW 2060