1. Introduction and Acceptance
These Terms of Service ("Terms") govern your use of the website at nexusflowinnovations.com (the "Website") and all services provided by Nexus Flow Innovations Pty Ltd, ABN 96 676 461 626, of Sydney, New South Wales, Australia ("NFI", "we", "us" or "our"), including discovery and advisory services, AI and automation development, systems integration, application and website development, data analysis and reporting, graphic design, video production, training and separately scoped ongoing support (together, the "Services").
These Terms work in two parts. The website terms (sections 1, 3, 10, 11, 15 and 16 as they relate to the Website) apply to anyone who uses the Website. The services terms apply to you only once you accept a proposal, statement of work or project agreement (each an "SOW") that identifies the version of these Terms, whether by signature, electronic acceptance or written confirmation; paying an invoice for work described in an SOW is also acceptance of that SOW. Requesting a proposal does not, by itself, bind you to the services terms. If you are entering into an SOW on behalf of a company or other entity, you warrant that you have authority to bind that entity, and "you" and "Client" refer to that entity. If you do not agree, do not use the Website or the Services.
These Terms apply together with any SOW. If there is any inconsistency, the SOW prevails to the extent of the inconsistency, then these Terms, then our Privacy Policy. No terms contained in any purchase order or other Client document apply unless we have expressly accepted them in writing.
We may update these Terms from time to time and will post the updated version on the Website with a new effective date. The version identified in your SOW continues to govern that engagement. A material change applies to an active engagement only if you agree to it in writing; if you do not, you may end the engagement under section 13 without any early-termination charge for work not yet started. Changes never apply retrospectively to fees already agreed in an SOW.
2. Services and Scope
We may provide:
Discovery, advisory, AI strategy and roadmap development
Custom AI solutions, systems integration, configuration and migration
AI agents, knowledge assistants, chat and voice systems
Workflow, document and meeting automation
Web and application design and development
Data analysis, dashboards and reporting
Graphic design and video production
Team training, onboarding and enablement
Managed support, maintenance and hosting where separately agreed
The specific Services, Deliverables, assumptions, exclusions, dependencies, milestones, acceptance criteria, timeline, fees and third-party costs for each engagement are only those set out in the applicable SOW. Listing a capability in these Terms does not include it in an engagement. Anything not expressly included in an SOW is out of scope.
Creative Briefs, Revisions and Change Requests
For a creative engagement, the SOW identifies the approved brief, concepts or directions, deliverable formats and included revision rounds. A revision round is one consolidated set of comments from your authorised approver on the version submitted for review. A new direction after approval, conflicting or piecemeal feedback, changes to approved content, rework caused by incomplete or inaccurate Client Materials, additional formats and work outside the acceptance criteria are not included revisions.
If you request work outside the agreed scope, or the scope changes because information you provided was incomplete or inaccurate, we will provide a written change request describing the effect on fees, milestones and timeline. We are not obliged to perform out-of-scope work until you approve the change request in writing. Small changes may be absorbed at our discretion; this does not waive our right to charge for later changes.
Timelines and Dependencies
Timelines are estimates given in good faith. They depend on your timely provision of information, access, content, approvals and feedback, and on third-party platforms operating normally. Delays caused by you or by third parties extend our timelines accordingly and may incur additional fees where our team is left idle or must rework.
Subcontractors
We may engage subcontractors and specialist partners to deliver parts of the Services. We remain responsible for their work and bind them to confidentiality obligations no less protective than these Terms.
3. Client Responsibilities and Acceptable Use
To enable successful delivery, you agree to:
Provide accurate, complete and timely information, content, data, credentials and access needed for the Services
Designate an authorised contact with authority to make decisions and give approvals
Review deliverables and provide feedback or approval within the timeframes in the SOW, or within 5 business days if none is specified
Ensure you own or have the rights and consents required for all materials, data, content and personal information you provide, including branding, copy, data, documents, footage, images, recordings, music, fonts, designs and likenesses, and consent from individuals whose data will be processed by any AI system we build; tell us in writing about any use limits before we use those materials
Maintain your own accounts, subscriptions and licences with third-party platforms that the solution depends on, unless the SOW says otherwise
Comply with all applicable laws, including privacy, consumer protection, anti-spam, anti-discrimination and industry-specific regulation, in your use of the Services and any deliverables
You must not, and must not permit anyone else to:
Use the Services or any deliverable for an unlawful, deceptive, harmful or infringing purpose
Use AI systems we build to make decisions with legal or similarly significant effects on individuals (for example credit, employment, insurance, medical or legal outcomes) without human review and without telling us in the SOW
Deploy any AI system to impersonate a human where the law requires disclosure, or configure it to deceive users about whether they are speaking to a machine
Reverse engineer, decompile or extract our pre-existing tools, prompts, orchestration logic or methodologies, except to the extent permitted by law
Resell, sublicense or white-label our deliverables or the Services to third parties without our prior written consent
Introduce malicious code, attempt to gain unauthorised access to our systems, or interfere with the Website or the Services
Use the Website to scrape, harvest or mine content or data, including for training machine learning models
We may suspend the Services or disable a deliverable we host if we reasonably believe your use breaches this section, creates a security or legal risk, or exposes us or a third party to harm. We will notify you and work with you to restore service once the issue is resolved.
4. AI Services and Limitations
Nature of AI Systems
AI systems, including large language models, speech systems and automated agents, are probabilistic. You acknowledge that:
AI outputs may be inaccurate, incomplete, out of date, biased, inconsistent or fabricated, even when they appear confident
AI outputs require human review before being relied upon, published or acted on
AI outputs must not be used as the sole basis for critical business, legal, medical, financial, safety or regulatory decisions
Output quality depends on the quality, completeness and lawfulness of the data, prompts and instructions you provide
The same input may produce different outputs over time, including after model updates by the provider
Human Oversight
You agree to implement and maintain appropriate human oversight, review and escalation processes for any AI solution we develop, proportionate to the risk of the use case. You are responsible for decisions made and actions taken on the basis of AI outputs. We are not liable for loss arising from reliance on AI outputs that were not subject to appropriate human review.
Third-Party Models and Platforms
Our solutions incorporate models, platforms and services from third-party providers, which may include OpenAI, Anthropic, Google, Voiceflow, ElevenLabs, Retell AI, Vapi, Groq and others. Their availability, pricing, terms, features, rate limits and models are controlled by those providers and may change, degrade or be withdrawn without notice. You agree that:
Your use of any deliverable that relies on a third-party provider is subject to that provider's terms and acceptable use policies
We are not responsible for provider outages, latency, pricing changes, model deprecations, policy enforcement or changes in output behaviour
Usage-based provider costs (such as API tokens, telephony minutes and speech generation) are your responsibility unless the SOW states otherwise
Work required to adapt a solution to a provider change is a change request under section 2
Outputs and Content Responsibility
You are responsible for the content, accuracy, legality and use of outputs generated by AI systems we build for you, including communications sent to your customers. You must not use AI outputs to infringe any third party's rights, to generate unlawful, defamatory or discriminatory material, or in breach of applicable law. Where a solution interacts with members of the public, you are responsible for any disclosures, consents, recordings notices and opt-outs required by law.
Recordings and Synthetic Likenesses
Before recording or transcribing a call or meeting, the applicable SOW or recording plan must identify who gives any required notice, obtains and records consent, handles a refusal, and controls permitted use, recipients and retention. Requirements vary by jurisdiction and context. Neither party may reuse a recording or transcript for an unrelated purpose, publicity, model training or synthetic media unless that use is separately authorised and lawful.
We will not create, clone or materially alter an identifiable person's face, body, voice or performance using synthetic media unless the SOW expressly includes it and we receive that person's written consent, or documented evidence of authority acceptable to us. The approval must identify the source material, purpose, permitted edits, channels, audience, territory, duration and any retained reusable model or likeness asset. A new message, product, political purpose, sensitive inference or misleading endorsement requires fresh written consent.
AI-Assisted Creative Material
Where the SOW permits generative tools in production, we will identify material use in the SOW or asset register. Ownership, exclusivity and legal protection may depend on the tool, inputs, human contribution and applicable law. We do not warrant that AI-generated material is unique, exclusive, capable of copyright ownership or free from similarity to third-party material, and we cannot assign rights that we do not own.
No Guarantee of Outcomes
Case studies, statistics and testimonials on the Website describe results achieved for specific clients in specific circumstances. They are not a promise that you will achieve the same or any particular result. Business outcomes depend on many factors outside our control, including your data, processes, adoption and market conditions.
5. Intellectual Property
Client Materials
You retain all intellectual property rights in the materials, data, content, branding and systems you provide to us ("Client Materials"). You grant us a non-exclusive, royalty-free, worldwide licence to use, copy, modify and process Client Materials solely to deliver the Services, and warrant that this use will not infringe any third party's rights.
Deliverables
Subject to full payment of all fees due under the relevant SOW, we assign to you the intellectual property rights that we own in the custom deliverables created specifically for you, identified for assignment in that SOW and capable of assignment ("Deliverables"), excluding Client Materials, NFI Materials, Third-Party Components and AI-generated elements to the extent rights do not arise in or are not owned by us. Until full payment, we grant you a revocable licence to use the Deliverables for evaluation only. We may suspend or revoke that licence if payment is overdue.
The SOW must list the final Deliverables and file formats. Editable or native working files, raw footage, unused concepts, design explorations, prompts, model files, production scripts, plug-ins, font files, stock masters and internal working papers are excluded unless expressly listed. Any listed handover remains subject to third-party licence restrictions and removal of our Confidential Information and reusable NFI Materials.
NFI Materials
We retain all rights in our pre-existing and independently developed intellectual property, including tools, code libraries, prompt structures, agent architectures, orchestration logic, evaluation frameworks, methodologies, templates, documentation, know-how and any improvements to them made during the engagement ("NFI Materials"). To the extent NFI Materials are incorporated into a Deliverable, we grant you a perpetual, non-exclusive, non-transferable, royalty-free licence to use them as part of that Deliverable for your internal business purposes. You may not extract, separate or commercialise NFI Materials independently of the Deliverable.
General Knowledge
Nothing in these Terms prevents us from using the general knowledge, skills, experience, ideas and techniques acquired in the course of an engagement, provided we do not disclose your Confidential Information.
Third-Party Components
Deliverables may incorporate open-source software, third-party libraries, platforms, AI models, fonts, music, stock media, templates, plug-ins, 3D models or other material owned by third parties ("Third-Party Components"). Those items are licensed, not assigned, under their owners' terms. We will identify material Third-Party Components in the agreed asset or dependency register, including known recurring charges and material use or transfer restrictions. You must obtain any licence allocated to you in the SOW. We do not promise that a licence can be transferred or sublicensed; where it cannot, we may provide an export, require you to license the item directly, or propose a replacement as a change request. Subject to section 10, we give no warranty in respect of Third-Party Components.
Moral Rights
To the extent permitted by law, you consent, and will procure that your personnel consent, to any act or omission by us that would otherwise infringe moral rights in Client Materials used to deliver the Services.
Feedback
If you provide suggestions, ideas or feedback about our Services or products, we may use them without restriction or obligation to you.
Portfolio and Publicity
We will not identify you or use your name, logo, Deliverables, testimonial, project details or results in a portfolio, case study, award entry, proposal, social post or other marketing without your prior, project-specific written approval. The approval must identify the material and permitted channels; approval of a Deliverable is not approval for publicity. We will not publish Confidential Information, pricing or non-public metrics. You may withdraw approval for future use on reasonable written notice, although we need not recall material already lawfully printed or distributed.
Our Products
Deckova and any other software product we make available under a subscription or free plan are licensed, not sold, and are governed by the product terms presented at sign-up in addition to these Terms.
6. Confidentiality
"Confidential Information" means all non-public information disclosed by one party to the other in connection with the Services, whether written, oral or electronic, that is marked confidential or that a reasonable person would understand to be confidential, including business plans, financial information, customer data, technical specifications, system architecture, prompts, source code, pricing and the terms of any SOW.
Each party agrees to:
Use the other party's Confidential Information only for the purposes of the engagement
Protect it using at least the same degree of care it uses for its own confidential information, and no less than reasonable care
Disclose it only to personnel, subcontractors and advisers who need to know it and are bound by obligations no less protective
Return or destroy it on request or on termination, subject to legal retention obligations and routine backups
Confidentiality obligations do not apply to information that is or becomes publicly available through no fault of the receiving party, was lawfully known to the receiving party before disclosure, is lawfully obtained from a third party without restriction, or is independently developed without use of the Confidential Information. A party may disclose Confidential Information where required by law or court order, provided it gives the other party prompt notice where lawful and discloses only what is required.
These obligations continue for 3 years after the engagement ends, and indefinitely for trade secrets, source code and personal information. Each party acknowledges that a breach may cause harm that damages alone cannot remedy, and that the other party may seek injunctive relief in addition to any other remedy.
7. Data Protection and Security
Roles
Where we process personal information on your behalf in the course of delivering or operating a solution, you are the controller (or APP entity) responsible for that information and we act as your processor or service provider, handling it only on your documented instructions and in accordance with our Privacy Policy and applicable law, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Where we collect personal information for our own purposes (for example your business contact details), we act as controller.
Your Obligations
You warrant that all personal information you provide to us or that flows through a solution we build has been collected lawfully, that you have given all required notices and obtained all required consents (including for call recording, transcription, AI processing and overseas disclosure), and that you will only instruct us to process it lawfully. You must not provide sensitive information (such as health, biometric or financial account data) or information subject to specific regulation unless the SOW expressly covers it and appropriate safeguards are agreed.
Our Obligations
We will implement reasonable technical and organisational measures to protect personal information against misuse, interference, loss, unauthorised access, modification or disclosure, including encryption in transit and at rest, access controls and secure cloud infrastructure. We will not use personal information processed on your behalf to train AI models. Where our AI providers offer zero-data-retention or no-training configurations, we use them; where a provider does not, we limit the data shared accordingly and tell you.
Data Breaches
If we become aware of an eligible data breach affecting personal information we process on your behalf, we will notify you without undue delay and in any event within 72 hours, provide the information reasonably needed for you to meet your obligations under the Notifiable Data Breaches scheme, and cooperate with your response. You are responsible for assessing and notifying breaches involving information you control, unless we agree otherwise in writing.
Overseas Processing
Our infrastructure and AI providers may store or process data outside Australia, including in the United States and the European Union. We keep a register of the providers and countries involved in each solution, available on request, take reasonable steps to ensure overseas recipients handle personal information in accordance with the Australian Privacy Principles, and will tell you before a new provider or country is introduced for your solution. Where an individual's consent is needed for an overseas disclosure, you are responsible for obtaining it with the information the individual needs to make it informed, and we will help you word it.
Return and Deletion
On termination or written request, we will return or securely delete personal information we hold on your behalf within 30 days, except where retention is required by law or in routine encrypted backups, which are deleted on their normal cycle.
No Absolute Security
No system is completely secure. Subject to section 10, we do not guarantee that unauthorised access, loss or disclosure will never occur.
8. Fees, Payment and Expenses
Fees are set out in the applicable SOW. Unless the SOW states otherwise:
All fees are quoted in Australian dollars and are exclusive of GST, which is added where applicable
Fixed-price engagements require a 50% advance payment before work begins; it is applied to Services performed, capacity reasonably reserved for the engagement and authorised third-party commitments. On cancellation, we will account for those amounts, you must pay any shortfall, and we will refund any unapplied balance, subject to rights and remedies that cannot be excluded by law
Milestone and monthly invoices are due within 14 days of issue
Retainer and support fees are invoiced monthly in advance
Usage-based third-party costs (API, telephony, hosting, speech, subscriptions) are either paid by you directly to the provider or passed through at cost plus any agreed handling fee
Pre-approved expenses, such as travel or purchased assets, are invoiced at cost
If an invoice is not paid when due, we may charge interest on the overdue amount at 2% per month, calculated daily, from the due date until paid, and recover reasonable costs of collection, including legal and agency fees. We may suspend work, withhold deliverables, disable hosted solutions and revoke licences while any amount is overdue by more than 14 days, without liability to you, and timelines extend accordingly. Any disputed invoice must be raised in writing within 7 days of issue with reasons; undisputed portions remain payable.
Hourly and retainer estimates are estimates only and may be exceeded with your approval. Quotes are valid for 30 days. We may adjust rates for ongoing services on 30 days' notice, no more than once every 12 months.
9. Acceptance, Warranty Period and Support
Acceptance
We will notify you when a Deliverable is ready for review. You must test it against the acceptance criteria in the SOW and either accept it or provide written notice of any material non-conformance within 10 business days. If you do not respond within that period, or you put the Deliverable into productive use, the Deliverable is deemed accepted. We will correct material non-conformances notified in time at no additional charge; requests that go beyond the acceptance criteria are change requests.
Warranty Period
For 30 days after acceptance we will fix, at no charge, any defect that causes the Deliverable not to perform materially in accordance with its specification, provided you notify us in writing with enough detail to reproduce it. This warranty does not cover issues caused by changes made by you or a third party, third-party platform changes, model behaviour changes, data or content you provided, use outside the specification, or failure to apply updates we recommend.
Support and Maintenance
Ongoing support, monitoring, maintenance, hosting, backups and improvement are provided only under a separate written support schedule or retainer. The schedule must identify the covered systems, versions and environments; service hours and channels; severity definitions and target initial response times; maintenance windows; exclusions and Client dependencies; treatment of provider outages; usage, hosting and overage charges; backup and restore responsibilities; renewal; and exit, export and deletion arrangements. A response target is not a guaranteed resolution time and pauses while we await Client information, access, approval or third-party action. Unless a service level agreement expressly states otherwise, we do not guarantee response or resolution times, uptime or availability.
10. Warranties, Consumer Guarantees and Disclaimers
Our Warranties
We warrant that the Services will be performed with due care and skill by appropriately qualified personnel, that we have the right to provide the Services, and that to our knowledge the Deliverables (excluding Client Materials and Third-Party Components) will not infringe the intellectual property rights of any third party in Australia.
Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded. Where our liability for breach of a non-excludable guarantee can be limited, our liability is limited, at our option, to supplying the Services again or paying the cost of having the Services supplied again.
Disclaimers
Except as expressly stated in these Terms or required by law, the Services, Deliverables and Website are provided "as is" and we exclude all other warranties, conditions and representations, express or implied, including as to merchantability, fitness for a particular purpose, non-infringement and that the Services will be uninterrupted, error-free or secure. In particular, and subject to the Australian Consumer Law, we do not warrant that AI outputs will be accurate, complete, reliable or fit for any purpose, that any business outcome, saving or return will be achieved, or that any third-party platform will remain available or unchanged.
Website Content
Content on the Website, including blog posts, guides and case studies, is provided for general information only and is not legal, financial, medical or professional advice. You should obtain advice specific to your circumstances before acting on it.
11. Limitation of Liability
To the maximum extent permitted by law:
Our total aggregate liability to you arising out of or in connection with these Terms, the Services, the Deliverables or the Website, whether in contract, tort (including negligence), statute or otherwise, is limited to the fees actually paid by you to us under the relevant SOW in the 12 months immediately before the event giving rise to the claim, or AUD 10,000 if no fees have been paid
We are not liable for any indirect, incidental, special, consequential or punitive loss, or for loss of profit, revenue, business, goodwill, anticipated savings, data or opportunity, however arising
We are not liable for loss arising from reliance on AI outputs without appropriate human review; from the acts, omissions, outages, changes or pricing of third-party providers; from Client Materials or data you provide; from your breach of these Terms; from changes made to a Deliverable by anyone other than us; or from events beyond our reasonable control
Our liability is reduced to the extent that your acts or omissions, or those of your personnel or contractors, contributed to the loss
Any claim must be notified to us in writing within 12 months of the event giving rise to it, after which it is barred
Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot be excluded or limited by law.
12. Indemnities
By You
You indemnify NFI, its directors, officers, employees and contractors against third-party claims, and the losses, damages, costs and reasonable legal fees that result from them, to the extent they are caused by: your breach of these Terms or applicable law; Client Materials or data you provide, including any claim that they infringe third-party rights or were collected unlawfully; communications sent to your customers or decisions made in reliance on AI outputs without the human review these Terms require; your failure to obtain consents or give notices required by law; and any modification of a Deliverable by you or a third party.
Shared Rules
Each indemnity in this section is reduced proportionately to the extent that the indemnified party's negligence, breach or failure to mitigate contributed to the loss. The indemnified party must notify the other party promptly, allow it to control the defence and settlement (not settling without consent, which must not be unreasonably withheld), and give reasonable assistance at the indemnifying party's cost.
By Us
We will defend you against any third-party claim that a Deliverable created by us (excluding Client Materials, Third-Party Components and AI outputs) infringes an Australian intellectual property right, and pay damages finally awarded or agreed in settlement, provided you notify us promptly, give us control of the defence and reasonable assistance, and have not caused the claim by your modifications, combinations or use outside the specification. If a claim arises or is likely, we may modify or replace the affected Deliverable, obtain a licence for you, or refund the fees paid for it and terminate the affected part of the SOW. This section states our entire liability for intellectual property infringement. We also indemnify you against third-party claims, and the losses that result from them, to the extent caused by our breach of section 6 (Confidentiality) or section 7 (Data Protection), subject to section 11.
13. Term, Suspension and Termination
Term
The website terms apply from your first use of the Website and continue while you use it. The services terms apply from your acceptance of an SOW that identifies the version of these Terms (see section 1) and continue until that SOW is completed or terminated in accordance with these Terms.
Termination for Convenience
Either party may terminate an SOW for convenience on 30 days' written notice. On termination, you must pay for Services properly performed, authorised expenses and non-cancellable third-party commitments up to the termination date, plus any reasonable cancellation or postponement charge expressly stated in the SOW that reflects our genuine loss and is not a penalty. We will provide an account of those amounts, apply advance payments to them and refund any unapplied balance. Subject to full payment and licence restrictions, we will provide paid-for completed work and any work in progress that the SOW says will be handed over in its then-current form. Nothing in this section limits rights or remedies that cannot lawfully be excluded.
Termination for Cause
Either party may terminate immediately by written notice if the other party commits a material breach that is not remedied within 14 days of notice, or becomes insolvent, enters administration or liquidation, or ceases to carry on business. We may also terminate immediately if you fail to pay any amount within 30 days of its due date or breach section 3.
Effect of Termination
On termination: all outstanding fees become immediately payable; licences to Deliverables that have not been fully paid for end; each party must return or destroy the other's Confidential Information; we may delete hosted data after 30 days in accordance with section 7; and sections 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15 and 16 and any other provision that by its nature should survive will continue to apply.
14. Non-Solicitation
During an engagement and for 12 months after it ends, you must not, without our prior written consent, directly or indirectly solicit for employment or engagement any employee or contractor of ours who was involved in delivering the Services. If you breach this section, you agree to pay us, as a genuine pre-estimate of our recruitment and training costs, an amount equal to 25% of that person's annual remuneration or contract value.
15. Dispute Resolution and Governing Law
If a dispute arises, a party must give the other written notice describing it. Senior representatives of both parties will meet, in person or by video, within 10 business days of the notice and attempt in good faith to resolve it. If the dispute is not resolved within 30 days of the notice, either party may refer it to mediation administered by the Resolution Institute (or another mediator agreed in writing), with costs shared equally. Neither party may commence court proceedings, other than for urgent injunctive or declaratory relief or to recover undisputed debts, until mediation has concluded or 60 days have passed since the notice.
These Terms are governed by the laws of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of New South Wales and the courts entitled to hear appeals from them.
16. General
Entire agreement. These Terms, the Privacy Policy and any SOW constitute the entire agreement between the parties about their subject matter and supersede all prior proposals, representations and agreements. You acknowledge that you have not relied on any representation not set out in them.
Severability. If any provision is invalid or unenforceable, it is severed to the extent necessary and the remaining provisions continue in full force.
Assignment. You may not assign or transfer your rights or obligations without our prior written consent. We may assign our rights to a related body corporate or to a successor of our business on notice to you.
Independent contractor. We are an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship.
Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control, including natural disasters, pandemics, war, civil unrest, industrial action, utility or internet failures, cyber attacks, government action, or the unavailability of third-party AI platforms. Payment obligations are not excused. If an event continues for more than 60 days, either party may terminate the affected SOW on written notice.
Notices. Notices must be in writing and sent by email to the addresses in the SOW or, for us, to [email protected]. A notice is taken to be received when sent, unless the sender receives a delivery failure.
Waiver. A failure or delay in exercising a right does not operate as a waiver. A waiver is effective only if in writing.
Electronic acceptance. An SOW, and with it the services terms in the version it identifies, may be accepted electronically, including by clicking an acceptance control, email confirmation, electronic signature or payment of an invoice for work described in that SOW, and is enforceable as if signed in writing. Using the Website is acceptance of the website terms only.
Interpretation. Headings are for convenience only. "Including" means including without limitation. Nothing is to be construed against a party because that party drafted it.
17. Contact Us
For questions about these Terms, please contact:
Nexus Flow Innovations Pty Ltd
ABN 96 676 461 626
Email: [email protected]
Website: www.nexusflowinnovations.com