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Nexus Web Care
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Terms of service

Last updated: 28 October 2026

In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent (such as your business). When we say we, us or our, we mean Nexus Services & Products Pty Ltd (ABN 20 633 477 899), trading as Nexus Web Care, of Perth, Western Australia. We and you are each a Party to these Terms, and together, the Parties.

These Terms form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use our Services unless you agree to these Terms. You accept these Terms when you sign up for a Plan, approve a preview, or make a payment to us, whichever happens first (the Commencement Date).

Some capitalised words in these Terms have defined meanings, listed in clause 13. For questions about these Terms, or to get in touch with us, please email [email protected].

Our disclosures

Please read these Terms carefully before you accept. We draw your attention to:

  • our Privacy Policy, which sets out how we handle your personal information;
  • clause 5 (Ownership and licence), which explains that the website design and code stay ours unless you buy them out;
  • clause 6 (Price and payment) and clause 11 (Ending your Plan), including the early-exit fee on monthly plans;
  • clause 2 (Services), which explains that edit turnaround times, including the 1-hour fix line, are service targets rather than guarantees; and
  • clause 9 (Liability), which sets out exclusions and limitations to our liability under these Terms.

These Terms do not intend to limit your rights and remedies at Law, including any of your Consumer Law Rights.

1. Engagement and Term

These Terms apply from the Commencement Date until your Plan ends in accordance with clause 11 (Term).

2. Services

  • In consideration of your payment of the Price, we will design, build, host and look after your website as described in the Plan you choose (Starter, Growth or Premium) and any Add-ons you order (the Services), whether ourselves or through our Personnel.
  • What each Plan and Add-on includes is described on our pricing page at the time you sign up and confirmed in your signup summary or Stripe receipt. Work beyond your Plan’s inclusions will only be done once you accept a written quote (Additional Quote).
  • Free previews. We may prepare a free homepage preview before you sign up, at no cost and with no obligation. Previews are view-only and watermarked, and remain our property. You may not copy, publish or use a preview unless you sign up. If you don’t sign up, you owe nothing and we delete the preview within 90 days.
  • Live in 7 days or your first month is free. We aim to launch your website within 7 days. The 7 days start once we have the content we reasonably need from you (clause 3). If we miss it through our own fault, your first month’s Plan fee is free (or, on an annual Plan, we credit one month’s equivalent). This guarantee is in addition to your Consumer Law Rights.
  • Edits and the 1-hour fix line. You can request changes by email to [email protected]. Small edits means text and wording changes, prices, opening hours, swapping or adding photos, and adding or removing a service. On Growth and Premium Plans we aim to make small edits live within 1 hour of your request, 24 hours a day, 7 days a week; on Starter Plans we aim to make them within 2 Business Days. Larger changes (such as new pages, redesigns or new features) are quoted or scheduled, usually starting within 2 Business Days. These timeframes are service targets, not guarantees, and missing a target is not a breach of these Terms (this does not limit your Consumer Law Rights). The targets apply to a reasonable volume of small edits (fair use) and to requests that are clear and include the content needed (for example, the new text or photos); the clock starts once we have everything required. If your requests regularly go beyond fair use, we will discuss options with you, such as an Additional Quote or a different Plan.
  • We will use reasonable endeavours to keep your website online, secure and backed up, but you agree that hosting depends on third-party providers and we do not promise uninterrupted availability or particular search rankings, enquiry numbers or business results.

3. Your obligations

You agree to (and to the extent applicable, ensure that your Personnel agree to):

  • comply with these Terms, all applicable Laws, and our reasonable requests;
  • provide us with the content, information, approvals, logins and cooperation reasonably necessary for us to provide the Services, in a timely way;
  • make sure the information on your website (including licences, prices, claims and reviews) is accurate and lawful, and tell us promptly when anything needs changing;
  • keep your domain name registration current where you hold it in your own name; and
  • not use the website for anything unlawful, misleading, defamatory, infringing or harmful.

You agree to pay our additional costs reasonably incurred as a result of you failing to comply with this clause 3, and our 7-day guarantee does not apply to delays caused by you.

4. Your content

  • Your domain name, business name, logo, text, photos, videos and other material you give us (Your Content) always remain yours.
  • You grant us a non-exclusive licence to use, copy, edit and publish Your Content to provide the Services.
  • You warrant that you own Your Content or have all rights and permissions needed for us to use it, and that it does not infringe anyone else’s rights or any Law.

5. Ownership and licence

  • The website design, layout, code, templates and other material we create or use to provide the Services (excluding Your Content) remain our property and copyright.
  • While your Plan is active and paid, we grant you a non-exclusive, non-transferable licence to use your website.
  • Buyout. You may buy the site files at any time for a one-off A$799 inc. GST. On monthly Plans, the site files are handed over at no charge after 24 continuous paid months. Once bought out or handed over, you may use and host the site files anywhere, but third-party licensed items (such as fonts, stock images or plugins) remain subject to their own licences.
  • When your Plan ends, we will give you an export of Your Content, and the site files if bought out or handed over, within 10 Business Days of your request.

6. Price and payment

  • The Price for each Plan and Add-on is as shown on our pricing page when you sign up (or in any Additional Quote). All prices are in Australian dollars and include GST. “GST” has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). We will issue tax invoices.
  • Recurring billing. Payments are taken by card through our payment provider, Stripe. Monthly Plans are billed monthly in advance; annual Plans are billed yearly in advance and renew automatically unless cancelled before the renewal date. You authorise us to charge your nominated card for each billing period until your Plan ends.
  • Setup. There is no setup fee, except that if you are on a monthly Plan and cancel within the first 3 months, a one-off early-exit fee of A$199 inc. GST applies to cover the cost of building your website. You acknowledge this fee is a genuine pre-estimate of our build costs. It does not apply to annual Plans.
  • Failed payments. If a payment fails, we (or Stripe) will retry it and notify you by email. If any amount remains unpaid 5 Business Days after its due date, we may, at our discretion and without limiting our other rights, suspend the Services (including taking your website offline and showing a holding page) after giving you at least 48 hours’ further notice by email, and recover the unpaid amount as a debt due, together with our reasonable recovery costs. We will restore the Services once overdue amounts are paid.
  • We may charge interest on overdue amounts at a rate equal to the Reserve Bank of Australia’s cash rate plus 2% per annum, calculated daily.
  • We may change our prices by giving you at least 30 days’ notice by email. A change takes effect from your next billing period after the notice period, and you may cancel before it takes effect.

7. Confidential information

  • Each Party must (and must ensure that its Personnel) keep confidential, and not use (except to perform its obligations under these Terms) or permit any unauthorised use of, information provided by the other Party, including logins and information about the other Party’s business and operations.
  • This does not apply where disclosure is required by Law, or is to a professional adviser to obtain advice about these Terms, provided the adviser keeps the information confidential.
  • This clause 7 survives the end of these Terms.

8. Australian Consumer Law

  • Certain legislation, including the Australian Consumer Law, may give you rights, warranties, guarantees and remedies relating to the supply of the Services which cannot be excluded, restricted or modified (Consumer Law Rights). Nothing in these Terms excludes those Consumer Law Rights.
  • Subject to your Consumer Law Rights, we provide the Services without conditions or warranties of any kind, implied or otherwise, except where expressly set out in these Terms.
  • This clause 8 survives the end of these Terms.

9. Liability

Despite anything to the contrary but subject to your Consumer Law Rights, to the maximum extent permitted by Law:

  • neither Party will be liable for Consequential Loss;
  • a Party’s liability will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or its Personnel), including any failure to mitigate its loss;
  • where our Services are not ordinarily acquired for personal, domestic or household use, our liability for any failure to comply with your Consumer Law Rights is limited (at our discretion) to supplying the Services again or paying the cost of having them supplied again; and
  • our aggregate liability arising from or in connection with these Terms is limited to the Price you paid us for the Services in the 12 months before the event giving rise to the Liability.

We are not responsible for outages, data loss or security incidents caused by third-party providers (including hosting, domain, email and payment providers) beyond our reasonable control, but we will take reasonable steps to restore your website from our backups. This clause 9 survives the end of these Terms.

10. Indemnity

You indemnify us against any Liability arising from Your Content (including any claim that it infringes someone’s intellectual property or other rights), or from your breach of clause 3 or 4, except to the extent the Liability is caused by us.

11. Ending your Plan

  • Cancelling. You may cancel your Plan at any time by emailing [email protected]. Cancellation takes effect at the end of your current billing period, and your website stays live until then.
  • Monthly Plans. No lock-in contract. If you cancel within the first 3 months, the early-exit fee in clause 6 applies.
  • Annual Plans. Annual Plans are paid upfront. Subject to your Consumer Law Rights, annual fees are non-refundable, including if you cancel part-way through the year; your Plan continues until the end of the paid year and does not renew.
  • Termination for breach. Either Party may end these Terms immediately by written notice if the other Party breaches a material term and the breach is not remedied within 10 Business Days of being notified, or the other Party becomes bankrupt, insolvent or unable to pay its debts as they fall due.
  • On termination: subject to your Consumer Law Rights, payments for Services already provided are not refundable; you must pay all amounts due up to the end date; your licence to use the website (clause 5) ends unless you have bought out or been handed the site files, and we may take the website offline; and we may retain your information to the extent required by Law or our backup procedures, handled in accordance with clause 7.
  • Ending these Terms does not affect rights or liabilities a Party has already accrued. This clause 11 survives the end of these Terms.

12. General

  • Amendment: We may update these Terms by giving you at least 30 days’ notice by email. If you don’t agree to the change, you may cancel before it takes effect without paying the early-exit fee.
  • Assignment: A Party must not assign or novate its rights or obligations under these Terms without the other Party’s prior written consent (not to be unreasonably withheld), except that we may assign any debt you owe us to a debt collector or other third party.
  • Disputes: A Party may not start court proceedings about any dispute arising from or in connection with these Terms (Dispute) without first meeting (in person or online) a representative of the other Party within 10 Business Days of notifying the other Party of the Dispute. If the Dispute is not resolved at that meeting, either Party may refer it to mediation administered by the Australian Disputes Centre.
  • Force Majeure: Neither Party is liable for any delay or failure to perform its obligations (other than payment) caused by a Force Majeure Event, provided it promptly notifies the other Party and uses reasonable endeavours to minimise the effects. If a Force Majeure Event prevents a Party from performing a material obligation for more than 60 days, the other Party may end these Terms by notice.
  • Governing Law: These Terms are governed by the laws of Western Australia. Each Party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia and courts entitled to hear appeals from them.
  • Notices: Notices under these Terms must be in writing and may be sent by email, to us at [email protected] and to you at the email address in your account. An email notice is served at the time of transmission.
  • Publicity: With your prior written consent, we may show your website in our portfolio and promotional material.
  • Relationship of Parties: These Terms do not create a partnership, joint venture, employment or agency relationship.
  • Subcontracting: We may use subcontractors and third-party providers (such as hosting, email and payment providers) to provide parts of the Services. We remain responsible for our subcontractors’ acts and omissions under these Terms.

13. Definitions

  • Add-on means an optional extra service listed on our pricing page or in an Additional Quote.
  • Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended from time to time.
  • Business Day means a day on which banks are open for general banking business in Perth, Western Australia, excluding Saturdays, Sundays and public holidays.
  • Consequential Loss includes any consequential, special or indirect loss, loss of profit, revenue, business, goodwill, opportunity, savings or reputation, and loss or corruption of data, however arising. Your obligation to pay the Price is not Consequential Loss.
  • Force Majeure Event means any event beyond a Party’s reasonable control, including natural disasters, fire, war, terrorism, pandemic, government shutdown, and widespread internet, power or hosting outages.
  • Law means all applicable laws, regulations, codes and binding requirements of any government authority.
  • Liability means any expense, cost, liability, loss, damage, claim, demand, proceeding or judgment, however arising, whether direct or indirect, present or future.
  • Personnel means, for a Party, its employees, contractors, suppliers, subcontractors or agents (but for you, does not include us).
  • Plan means the website subscription plan you choose (Starter, Growth or Premium), billed monthly or annually.
  • Price means the price of your Plan and any Add-ons as shown on our pricing page at signup or in an Additional Quote, as adjusted under these Terms.

Contact

Nexus Web Care, a business name of Nexus Services & Products Pty Ltd (ABN 20 633 477 899)
Perth, Western Australia
Email: [email protected]