Terms and Conditions

TERMS AND CONDITIONS

Effective Date: Friday, February 14, 2025
Last Updated: Friday, February 14, 2025

Welcome to NexZ! These Terms and Conditions (“Terms”) govern your use of our website (nexz.com.au) and the services we provide. By accessing our website or engaging with our services, you agree to comply with these Terms. If you do not agree, please discontinue use of our website or services.

NexZ Pty Ltd (“NexZ,” “we,” “us,” or “our”) is a registered business in Queensland, Australia. Our contact details are:

• Email: admin@nexz.com.au
• Phone: +61 433 522 358
• Address: 25 Dulthara Court, Durack QLD 4077, Australia

1. Introduction

NexZ provides Digital and ICT Services to businesses in Australia and globally. These Terms outline the rules for using our website and services, ensuring transparency and mutual understanding between NexZ and its clients (“you” or “Client”).

By using our services or website, you confirm that:

• You are at least 18 years old or have the legal capacity to enter into a binding agreement.
• You agree to these Terms and any applicable Australian laws.

2. Scope of Services

2.1 Digital Services

Our Digital Services include:

• Digital Marketing: Complete SEO services, Social Media Management, Google/Facebook Ad Management, Email Marketing, Lead Generation, and YouTube Video Marketing Services.
• Website Design: Custom website design and development tailored to your business needs.
• Writing Services: Content creation for blogs, websites, marketing materials, and more.
• Creative Services: Graphic design for branding, advertising materials, social media content, and other creative assets.

2.2 ICT Services

Our ICT Services include:

• Smart Pricing Strategies & Solutions: Pricing consultancy, software implementation (e.g., Syncron), and dynamic pricing strategies.
• Digital Transformation: Process automation, cloud migration, CRM integration, and data analytics solutions.
• Custom Software Solutions: Tailored software development for specific business needs (e.g., booking systems), platform-independent app development, and AI agent development.

The specific details of each service engagement will be defined in a separate agreement or proposal between NexZ and the Client.

3. Communications

By using our Service, you agree to receive newsletters, marketing or promotional materials, and other information we may send. You can opt out of these communications by following the unsubscribe link or contacting us at admin@nexz.com.au.

4. Purchases

If you purchase any product or service made available through our Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase, including, but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.

We may employ the use of third-party services to facilitate payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to, product or service availability, errors in the description or price of the product or service, or error in your order.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

5. Payment Terms

• Fees: All fees for services will be clearly outlined in a formal quote or agreement before work begins.
• Payment Schedule: Payments must be made according to the schedule specified in the agreement (e.g., upfront payment or milestone-based payments).
• Late Payments: Late payments may incur interest charges at a rate of 2% per month or the maximum rate permitted by law.
• Taxes: All fees are exclusive of applicable taxes unless otherwise stated.

5.1 Specific Terms for Digital Marketing Services:

For SEO services, Social Media Management (SMM), and Google/Facebook Ads Management, a minimum six (6) month commitment applies unless otherwise agreed in writing. Termination within this period will result in immediate payment of remaining fees for the agreed term.

6. Intellectual Property

1. NexZ retains ownership of all intellectual property rights related to its proprietary tools, processes, methodologies, and creative assets used in delivering services unless otherwise agreed in writing.
2. Deliverables created specifically for the client (e.g., website designs or written content) become the property of the client upon full payment unless otherwise specified.
3. The client grants NexZ a non-exclusive license to use anonymized project details for marketing purposes unless explicitly prohibited.

7. Confidentiality

Both parties agree to:

• Protect all confidential information disclosed during the course of service engagement using reasonable security measures.
• Use confidential information only for purposes related to delivering agreed-upon services.
• Not disclose confidential information without prior written consent unless required by law.

8. Data Protection & Privacy

NexZ is committed to protecting your personal information in compliance with the Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs). Please refer to our Privacy Policy for detailed information on how we collect, use, store, and disclose personal data.

9. Warranties & Disclaimers

1. NexZ warrants that all services will be performed with reasonable skill and care consistent with industry standards.
2. However:

• We do not guarantee specific results from Digital Marketing campaigns as outcomes depend on factors outside NexZ’s control (e.g., market conditions or third-party platform changes).
• We are not liable for disruptions caused by third-party platforms (e.g., Google Ads policy changes).

10. Limitation of Liability

To the extent permitted by law:

1. NexZ’s liability is limited to the total fees paid by the client for the relevant service.
2. NexZ is not liable for indirect or consequential damages (e.g., loss of profits or data), even if advised of such possibilities.

11. Termination

1. Either party may terminate this Agreement:

• By providing thirty (30) days’ written notice.
  • Immediately if there is a material breach of these Terms by the other party.

• Upon termination:

• The client must pay any outstanding fees for work completed up until termination.
• NexZ will transfer all deliverables upon request after payment of outstanding amounts.

12. Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

1. In any way that violates any applicable national or international law or regulation.
2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real-time activities through Service.
2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
4. Use any device, software, or routine that interferes with the proper working of Service.
5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
8. Take any action that may damage or falsify Company rating.
9. Otherwise attempt to interfere with the proper working of Service.

13. Error Reporting and Feedback

You may provide us either directly at admin@nexz.com.au or via third-party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

14. Links To Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by NexZ Pty Ltd.

NexZ Pty Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that NexZ Pty Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of Queensland, Australia.

16. Contact Information

For questions about these Terms:

NexZ Pty Ltd
Email: admin@nexz.com.au
Phone: +61 433 522 358
Address: 25 Dulthara Court, Durack QLD 4077, Australia