Terms of Service
Nexus Infotech • Last updated: 24 Dec 2023
These Terms of Service (“Terms”) govern your access to and use of services provided by Nexus Infotech (“we”, “us”, “our”). By engaging our services, accessing our website, or entering into an agreement with us, you agree to be bound by these Terms.
If you do not agree with these Terms, you must not use our services.
1. Services
Nexus Infotech provides information technology services including but not limited to:
- Managed IT Support
- Cyber Security services
- Cloud services and migrations
- Networking and telephony solutions
- Consulting, monitoring, and maintenance services
Specific services, scope, and pricing may be defined in a separate proposal, statement of work (SOW), or service agreement.
2. Client Responsibilities
To enable us to deliver services effectively, you agree to:
- Provide accurate and complete information
- Grant necessary access to systems, accounts, and premises
- Ensure your hardware, software, and licenses are lawful and supported
- Maintain appropriate internal policies for acceptable use
You remain responsible for all actions taken using your systems, including those by your staff or contractors.
3. Fees & Payments
- Fees are outlined in your service agreement or invoice
- All fees are exclusive of GST unless stated otherwise
- Invoices must be paid within the specified payment terms
- Late payments may result in service suspension
- We reserve the right to revise pricing with prior notice.
4. Service Availability & Support
While we aim to provide reliable and timely services:
- Response times may vary depending on service plan and issue severity
- Scheduled maintenance may be required
- Services may occasionally be affected by factors outside our control
We do not guarantee uninterrupted or error-free service.
5. Cyber Security & Data Protection
We implement reasonable security measures to protect systems under our management. However:
- No system can be guaranteed 100% secure
- Cyber threats may still occur despite preventative measures
You acknowledge that ultimate responsibility for data, compliance, and business continuity remains with you.
6. Backups & Data Recovery
Where backup services are included:
- We will configure and monitor backups as agreed
- Regular testing may be recommended
However, we do not guarantee complete data recovery in all circumstances, particularly where data loss is caused by factors beyond our control.
7. Third-Party Products & Services
Our services may involve third-party software, cloud platforms, or vendors. You agree that:
- Third-party terms and conditions apply
- We are not responsible for outages or failures caused by third parties
- Licensing costs may be billed separately.
8. Intellectual Property
All intellectual property created by Nexus Infotech remains our property unless otherwise agreed in writing. You retain ownership of your data and content.
You may not copy, resell, or redistribute our materials without written permission.
9. Confidentiality
Both parties agree to keep confidential information private and to use it only for the purpose of delivering or receiving services, unless disclosure is required by law.
10. Limitation of Liability
To the maximum extent permitted by Australian law:
- We are not liable for indirect, incidental, or consequential losses
- Our total liability is limited to the fees paid for services in the preceding 12 months
- Nothing in these Terms excludes rights under the Australian Consumer Law.
11. Termination
Either party may terminate services:
- In accordance with the service agreement
- For material breach not remedied within a reasonable time
Outstanding fees remain payable upon termination.
12. Force Majeure
We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, power outages, cyber attacks, or supplier failures.
13. Changes to These Terms
We may update these Terms from time to time. Updated terms will be published on our website and apply from the effective date.
14. Governing Law
These Terms are governed by the laws of Australia, and any disputes will be subject to the jurisdiction of Australian courts.
15. Contact Us
Nexus Infotech
Email: info@nexusinfotech.com.au
Phone: 02 7251 9411
Website: www.nexusinfotech.com.au