Terms of Service
The terms and conditions governing the professional business and consulting services provided by NAMS Nexus Pty Ltd.
1. Agreement to these terms
These Terms of Service (“Terms”) govern your access to and use of the website at namsnexus.online and any professional business and consulting services provided by NAMS Nexus Pty Ltd (ABN 88 703 182 647) (“NAMS Nexus”, “we”, “us” or “our”). By engaging our services, submitting an enquiry or quote request, or using this website, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the website or our services.
2. Who we are
NAMS Nexus Pty Ltd is an Australian proprietary limited company registered under ABN 88 703 182 647, operating from Melbourne VIC and providing professional business and consulting services to clients across Australia. References to “services” in these Terms include advisory, consulting, planning, analysis and related professional support services described on our Services page, as further detailed in any engagement letter, proposal or statement of work agreed between us.
3. Quotes, proposals and engagement
Any quote, estimate or proposal provided by us is an invitation to treat and remains valid for the period stated in the quote (or, if none is stated, thirty (30) days from the date of issue). A binding engagement arises only when we accept your instruction in writing, or when work commences at your request following your acceptance of a quote. The scope, deliverables, timeline and fees for each engagement will be set out in the applicable quote, proposal or engagement letter, which forms part of these Terms.
4. Fees and payment
Fees for our services are as stated in the applicable quote or engagement letter. Unless otherwise agreed in writing, invoices are payable within fourteen (14) days of the invoice date by the payment method nominated on the invoice. We may charge late payment interest on overdue amounts at a rate reasonably advised to you, and we may suspend services where amounts remain overdue after written notice. Where fees are subject to GST, GST is payable in addition to the quoted fees and will be shown separately on tax invoices.
5. Your responsibilities
You agree to provide accurate, complete and timely information reasonably required for us to perform the services; to respond to our requests within reasonable timeframes; to comply with all laws applicable to your business; and to use any deliverables, recommendations or materials we provide only for the purposes of your engagement with us. We are not responsible for delays or deficiencies in the services caused by your failure to meet these responsibilities.
6. Consumer guarantees under Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot lawfully be excluded. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. If our services fail to meet a consumer guarantee that applies, you may be entitled to a remedy such as resupply of the services or payment of the cost of having the services supplied again.
7. Limitation of liability
To the fullest extent permitted by law, and except for liability that cannot be excluded under the Australian Consumer Law: (a) we are not liable for indirect, incidental, special or consequential loss, including loss of profits, revenue, goodwill or data; (b) our total aggregate liability arising out of or in connection with an engagement is limited to the fees paid by you for the services giving rise to the liability; and (c) where the Australian Consumer Law applies and permits limitation, our liability for failure to comply with a consumer guarantee is limited, at our option, to the resupply of the services or the payment of the cost of resupplying the services. This clause does not apply to liability for fraud, or any other liability that cannot lawfully be limited.
8. General advice only
Any information, recommendations or materials provided by us are general in nature and are provided for the purposes of your specific engagement. They do not constitute financial, legal, taxation or investment advice, and you should obtain independent specialist advice where appropriate before acting on any recommendation. We do not guarantee any particular business, financial or operational outcome from the use of our services.
9. Intellectual property
All intellectual property in pre-existing materials, methodologies, frameworks and tools that we bring to an engagement remains our property or the property of our licensors. Upon full payment of the relevant fees, you are granted a perpetual, non-exclusive, non-transferable licence to use the deliverables prepared specifically for you for your internal business purposes. You must not reproduce, resell or distribute our deliverables or materials to third parties without our prior written consent.
10. Confidentiality
Each party must keep confidential all non-public information disclosed by the other party in connection with an engagement, and use it only for the purposes of the engagement. This obligation does not apply to information that is public, independently developed, or required to be disclosed by law or a regulator. These confidentiality obligations survive the completion or termination of an engagement.
11. Privacy
We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. By engaging our services or using this website, you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy.
12. Website use
You may use this website only for lawful purposes. You must not attempt to gain unauthorised access to the website, interfere with its operation, scrape or harvest content systematically, or use it in a way that could damage, disable or impair the website or our systems. Content on this website is general information only and does not constitute an offer or advice. We may update, change or remove content on this website at any time.
13. Third-party links
This website may contain links to third-party websites. Such links are provided for convenience only and do not constitute endorsement of, or responsibility for, the content, products or services on those websites. We make no representations about third-party websites and access them at your own risk.
14. Termination
Either party may terminate an engagement by giving written notice if the other party commits a material breach of these Terms that is not remedied within fourteen (14) days of written notice, or becomes insolvent. We may also terminate an engagement immediately by written notice if required by law or if continuing the engagement would place us in breach of a professional or legal obligation. Upon termination, you must pay us for services performed up to the date of termination.
15. Force majeure
We are not liable for delay or failure to perform our obligations to the extent caused by events beyond our reasonable control, including natural disasters, industrial disputes, government restrictions, cyber incidents or utility failures. Where such an event occurs, we will take reasonable steps to mitigate its impact and resume performance as soon as practicable.
16. Governing law
These Terms and any engagement are governed by the laws of Victoria, Australia, and the parties submit to the exclusive jurisdiction of the courts of Victoria and the courts competent to determine appeals from those courts.
17. Changes to these Terms
We may amend these Terms from time to time. The current version will always be published on this page with an updated “last updated” date. Changes apply to engagements commenced after the updated version is published. Where an engagement is already underway, the version of these Terms in effect at the commencement of that engagement will continue to apply unless you and we agree otherwise in writing.
18. Severability
If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.
19. Contact us
Questions about these Terms, or notices under them, may be directed to NAMS Nexus Pty Ltd by email at ceo@namsnexus.online, or via our Contact page. Please include your name, business name (if applicable) and details of your enquiry so we can respond promptly.