Nexa Data Solutions – Terms of Service

Introduction & Acceptance

Welcome to Nexa Data Solutions! These Terms of Service (“Terms”) govern your access to and use of Nexa Data Solutions’ services and website. By engaging Nexa Data Solutions (operated by Clearstone Capital Pty Ltd) for data cabling, networking, or IT infrastructure services, or by using our website (www.nexadatasolutions.com) to request services or make payments, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you should refrain from using our services or website.

In these Terms, “Nexa”, “we,” “our,” or “us” refers to Clearstone Capital Pty Ltd trading as Nexa Data Solutions (operating in NSW and QLD, Australia), and “Client”, “customer,” “you,” or “your” refers to the person or entity using our services or site. These Terms, together with any quotes, work orders, or service agreements we provide, form a legal agreement between you and Nexa. We may update these Terms occasionally (for example, to reflect changes in law or our business practices), and the latest version will be posted on our website. By continuing to use our services after an update, you accept the revised Terms.

Scope of Services

Nexa Data Solutions provides professional data cabling, networking, and IT infrastructure services to both residential and commercial clients. Our services include (but are not limited to) structured cabling installation, network setup and configuration, infrastructure design, hardware and software deployment, troubleshooting, and ongoing IT support as agreed. The specific services to be provided to you will be described in our quotation or service order that we issue and you approve (via signature, online acceptance, or email confirmation).

We will carry out the services with due care, skill, and diligence, consistent with industry standards and Australian regulations. Our technicians hold the necessary licenses or certifications where required (for example, cabling work will be performed by a registered cabler as per regulatory requirements). Please note that any timeframes for completion of services we provide (such as project schedules or appointment times) are good faith estimates. While we make all reasonable efforts to meet schedules, service timelines are subject to change due to unforeseen circumstances like equipment availability, client readiness, or external factors. We will communicate with you and adjust appointments as needed.

Any additional services or variations to the originally agreed scope (for instance, if you request extra work on-site) may incur additional costs and could require a revised quote or written agreement. We will discuss and obtain approval from you for any changes in scope or price before proceeding.

Client Responsibilities

To ensure a smooth and successful service delivery, we rely on you to fulfill certain responsibilities. By agreeing to these Terms, you acknowledge that you will:

• Provide Accurate Information: Supply truthful, accurate, and complete information when requesting services. This includes details like the service location address, contact information, descriptions of the issue or work needed, and any relevant site conditions or restrictions we should know (e.g. if there is limited access to your building, or existing network setups we must integrate with). If any information changes (such as your phone number or an access code), you will promptly inform us.
• Obtain Permissions and Access: Ensure we have the necessary permissions to perform the work at the service location. If you are a tenant or not the property owner, you should secure consent from your landlord or property manager for the installation or works. You agree to provide our technicians safe and timely access to the premises during the agreed service times. This includes making sure someone (18 years or older) is present to grant entry, that any gates or doors can be unlocked, and that areas we need to work in are clear of obstacles and hazards.
• Safety and Environment: Ensure that the work environment is safe for our staff. You must inform us in advance of any known hazards at the site (e.g. asbestos, electrical dangers, pets that need securing, etc.). You are responsible for maintaining a safe site; if our team deems a site unsafe, we may postpone work until issues are resolved.
• Protect Your Data and Equipment: While we take care in our work, certain services (like network reconfigurations or hardware replacements) can carry a risk of unintentional data loss or downtime. It is your responsibility to back up any important data before we work on your IT systems. You should also ensure that any sensitive or irreplaceable equipment is appropriately protected. Nexa is not liable for loss of data or client equipment that could have been prevented by reasonable backup or protection measures on your part (see Limitation of Liability below).
• Cooperate with Us: Follow any reasonable instructions our team provides. For example, if we ask you to shut down equipment before we start, to avoid traffic in an area while cabling is in progress, or to provide information about how your network is set up, we expect your cooperation. Timely communication is important – please respond to scheduling confirmations and let us know if you cannot keep an appointment.
• Use of Installed Systems: Once our service is complete, it’s up to you to use the installed or serviced systems properly and according to any guidance or user manuals provided. Do not misuse, modify, or dismantle the equipment or cabling we install, especially not within the warranty period (see Warranties below). Improper use or unauthorized modifications by you or third parties can void your warranties and could pose safety risks. If you experience issues, contact us rather than attempting non-expert fixes.
• Payments: Pay for our services, as outlined in Fees and Payment, by the due dates. Prompt payment ensures we can continue to offer timely service and support to you.
• Compliance with Law: You agree not to use our services for any unlawful or improper purpose. This includes complying with all applicable laws and regulations related to the use of networking and IT equipment (for example, not using the network we install for illegal activities, and adhering to any licensing requirements for software we set up for you).

By fulfilling these responsibilities, you help us deliver services effectively and safely. Failure to meet these obligations might result in delays, additional fees, or in some cases, suspension or termination of services.

Nexa’s Responsibilities

We pride ourselves on professional service. Under these Terms, Nexa Data Solutions makes the following commitments to you:

• Quality of Service: We will perform services with due care, skill, and in a workmanlike manner, consistent with applicable Australian standards and industry best practices. Our team will use quality materials and components that are suitable for the job and meet relevant certification or compliance requirements (for example, using cabling that meets Australian Standards for safety and performance).
• Qualified Personnel: Our services will be carried out by personnel who are appropriately trained and qualified. Where required by law or the nature of the job, our technicians hold relevant licenses or certifications (e.g. Open Cabling Registration for structured cabling work). We also carry necessary insurance coverage (such as public liability insurance) to protect against unlikely events of property damage or injury during our work.
• Timely Communication: We will communicate openly and in a timely manner. This includes confirming appointments, notifying you of any expected delays or changes to the schedule, and answering your questions about the service. If unexpected issues arise during the job (for example, discovering a hidden fault or structural issue that prevents completion as planned), we will explain the situation to you and discuss next steps.
• Respect for Your Property: Our team will treat your premises with respect. We will take reasonable measures to minimise disruption, avoid unnecessary damage, and clean up the work area after completing the job. For instance, if we need to drill or lift flooring for cabling, we aim to do so neatly and will patch or seal as appropriate. We also commit to maintaining confidentiality and privacy regarding any personal or business information observed at your site (see our Privacy Policy).
• Health and Safety: We will adhere to all relevant workplace health and safety laws while working on your premises. Our technicians will use appropriate safety equipment and procedures to carry out the job safely. If there are any safety incidents or accidents, we will act promptly to address them and notify you as needed.
• Adherence to Commitments: We will honor the terms of any specific service agreement or quote provided to you. For example, if we quoted a particular brand of hardware or a specified configuration, we will deliver that or discuss any necessary changes with you in advance. We will also honor our warranty commitments (detailed below), meaning we stand behind our work and will make it right if issues arise within the warranty period due to our workmanship or materials.
• Compliance and Ethics: We will comply with applicable laws and regulations in providing our services, and conduct our business with honesty and integrity. If at any point you have concerns about our service, we encourage you to let us know so we can address them (and you can also refer to our complaints process in the Privacy Policy for any issues regarding personal information).

In summary, Nexa will deliver services professionally, safely, and in line with what we promise. Our goal is your satisfaction as a client, and we will work hard to meet or exceed your expectations within the scope of our engagement.

Booking, Scheduling, and Service Access

When you request a service (for example, by submitting a service form on our website or contacting us by phone/email), we will schedule an appointment or project time with you. We strive to accommodate your preferred dates and times, but scheduling is subject to availability of our team and resources.

Confirmation: Once a service date is agreed, we will send you a confirmation (via email or SMS, typically through our CRM system). In some cases, we may ask for a deposit or advance payment to secure a booking – if so, this will be communicated in advance.

Rescheduling and Cancellations:

• If you need to reschedule or cancel: Please provide us with as much notice as possible (at least 24-48 hours is appreciated). We will do our best to find a new suitable time. Short-notice cancellations or missed appointments may incur a fee to cover lost time, especially if our team has already been dispatched. We understand emergencies happen, so we handle these on a case-by- case basis and aim to be fair.
• If we need to reschedule: Occasionally, we might need to adjust an appointment due to factors like technician illness, prior job overrunning, severe weather, or equipment delays. We will notify you as soon as we can and arrange a new time that works for you. We minimize such changes, but some circumstances are beyond our control. If we must significantly delay or cancel a service and you’ve pre-paid any amount, you will be entitled to a rescheduled service or a refund for the portion of services not provided, at your choice.

On the Day of Service:

• Ensure the points under Client Responsibilities (Section 3) are met – particularly regarding site access and safety. If our technician arrives at the scheduled time and is unable to safely access or commence work (for example, no one is present to grant access at a residential appointment time), we may charge a call-out fee for the visit and will need to reschedule.
• Our technician will typically review the scope of work with you before starting and may ask you to confirm details or expectations. This is a good time to clarify any specific concerns or requirements you have.
• During the service, please allow the technician space to work, but remain available (or have a representative available) in case they need to show you something or get approval for an unexpected change. If you wish to actively observe or have someone observe the process, that’s usually fine as long as safety is maintained.
• Upon completion, our technician will test the work (e.g., test data cables, verify network connectivity) and will invite you to verify that the services meet your expectations. We will also explain any important information, such as new passwords set, device operating instructions, or follow-up actions needed on your part.

After Service Completion: We may request you to sign a job completion form or digitally acknowledge that the job was completed. This helps ensure both parties agree that the service was delivered as expected. If you discover any issue after the technician leaves (for instance, something isn’t working as it should), please contact us promptly so we can address it. Minor adjustments are typically covered under our workmanship warranty (see Warranties below) if within the warranty period.

Fees and Payment

Quotes and Pricing: For most jobs, especially larger projects, we will provide you with a quote or estimate of the cost before commencing work. The quote will detail the scope of work, materials/hardware to be provided (if any), and the charges (which may include labour fees, parts/equipment costs, call-out or travel fees if applicable, and GST if applicable). Quotes are generally valid for a specified period (e.g., 30 days) as noted on the quote. By accepting a quote (in writing or electronically), you agree to pay the fees outlined therein for the completion of the specified work. If the scope changes or additional work is required, we will discuss any price variations with you and get approval.

Hourly Rates and Call-Outs: Some smaller jobs or troubleshooting services might be billed on an hourly rate basis rather than a fixed quote. We will inform you of our rate beforehand. A minimum charge or call-out fee may apply for on-site visits, which covers the technician’s travel and the first portion of labour time.

Deposits: For significant projects or custom-ordered hardware, we may require a deposit (for example, 30-50% of the total quote) before starting work or ordering parts. The deposit policy (and whether it’s refundable) will be clearly communicated in the quote or service agreement. Generally, deposits for special-order items are not refundable once those items have been ordered on your behalf, except at our discretion or where required by law.

Payment Methods: We offer convenient payment options, including online payments via our website or electronic invoices. Payments can typically be made by credit/debit card, direct bank transfer (EFT), or other methods as indicated on the invoice (we integrate with Xero for invoicing, so you might receive a secure payment link). When paying online, you will be using a secure third-party payment gateway; Nexa does not store your full card details. All payments are to be made in Australian Dollars (AUD) unless otherwise specified.

Payment Terms: Invoices are due as per the terms stated on the invoice. Commonly, this could be “Due on receipt” or a set number of days (e.g., 7 days or 14 days from invoice date) for account holders. If you have any questions or disputes regarding an invoice, please contact us promptly and before the due date so we can clarify or resolve the issue.

Late Payments: If payment is not received by the due date, we reserve the right to charge interest or late fees in accordance with applicable law (for instance, interest at a reasonable rate on the unpaid amount from the due date until paid). We will provide notice and an opportunity to cure any payment default before taking further action. Persistent failure to pay may result in suspension of services, and we may engage debt collection processes for overdue amounts exceeding a certain threshold or duration. You agree to pay any reasonable costs (including legal fees) incurred by us in recovering overdue payments, to the extent permitted by law.

Online Payment Security: We take security seriously. Our online payment processing is handled by established payment providers using encryption and secure protocols. However, we cannot be responsible for a security breach that is outside our control (for example, if the payment platform is compromised without our knowledge). Please ensure you only use our official payment links and keep your own devices secure when making payments. We will never ask for your credit card details via email or chat – if you receive any request that seems suspicious, contact us directly via our official channels.

GST and Tax: All fees and prices we quote are inclusive of GST (Goods and Services Tax) unless stated otherwise. Tax invoices that comply with Australian tax requirements will be provided for all services.

Receipts: Upon receiving your payment, we will provide a receipt or confirmation (often automatically via Xero or our billing system). If you need a detailed statement or have specific billing requirements (e.g., your company needs a purchase order number on invoices), please let us know in advance.

By using our services, you agree to pay the applicable fees and charges. We believe in transparency and fairness in our pricing – if anything is unclear on your bill, we encourage you to reach out for clarification.

Warranties and Guarantees

Workmanship (Labour) Warranty – 30 Days: We stand behind the quality of our workmanship. Nexa offers a 30-day labour warranty on the services we provide. This means that if any issue arises from the work we performed – for example, a cable connection we terminated comes loose, or a configuration we applied to your network equipment is not functioning as intended – and the issue is reported to us within 30 days of completion of the service, we will return to rectify the problem at no additional cost to you. This labour warranty covers faults due to our installation or service errors. The 30-day period begins from the day the service was completed or the system was delivered to you.

Manufacturer and Hardware Warranties: Any hardware, devices, or software that we provide or install as part of the service (such as routers, switches, cabling products, network cameras, etc.) may come with their own manufacturer’s warranty. These warranties typically cover defects in materials or manufacturing for a certain period (for example, a router might have a 1-year manufacturer warranty). We will pass along to you the benefit of any manufacturer warranties on products provided. The terms of such warranties are determined by the manufacturer or vendor, not by Nexa, and usually, the warranty will be subject to certain conditions (outlined in the product documentation). If a hardware component fails or is found defective within its manufacturer warranty period, you can contact us for assistance. We can help facilitate a repair or replacement under the manufacturer’s warranty terms (or direct you to an authorized service center as appropriate). Note that the decision for repair or replacement under a manufacturer’s warranty is at the discretion of the manufacturer or their agent, and may require inspection or troubleshooting.

Exclusions and Conditions: Our warranties (both the 30-day labour warranty and manufacturer warranties passed through) are subject to the following conditions and exclusions:

• No Unauthorized Modifications: The warranty is void if the product or work has been altered, repaired, or attempted to be repaired by you or any third party without our prior approval. For example, if someone other than Nexa opens up a device we installed and tinkers with the wiring, or if you modify the configuration we set up and this causes an issue, our free rectification under warranty may not apply.
• Third-Party Damage or Misuse: Warranties do not cover issues caused by misuse, abuse, or damage by external persons or events. This includes physical damage (e.g., someone accidentally cuts a cable we installed), electrical damage (power surges or improper power supply not protected by a surge protector or UPS), or use of the system in a way it was not intended (using equipment outdoors that was meant for indoor use, etc.). If such external factors cause a failure, we can of course help fix it, but it would be a billable service.
• Environmental and Weather Damage: Unless explicitly designed for it, equipment and cabling can be affected by environmental factors. Severe weather events (like lightning strikes, floods, storm damage) or environmental conditions (like extreme heat, moisture, or pest infestations) are beyond our control and are not covered by our warranty. However, if it is determined that damage from weather or environment was exacerbated by our improper installation or failure to follow standards (for instance, if we incorrectly sealed an outdoor cable and water ingress occurred), then our workmanship warranty would still apply – we would correct the installation at no cost in such a case.
• Software and Configuration Issues: If we supply software or configure systems, our warranty covers the correctness of our configuration as of the time of handover. It does not cover subsequent software issues due to third-party updates, new bugs, viruses/malware, or changes made by you or other service providers. For example, if we set up a network and later the device manufacturer pushes a firmware update that introduces a bug, or if your system is infected by malware unrelated to our work, those issues are outside our warranty scope. We can assist in diagnosing and resolving such issues as a new engagement.
• Normal Wear and Tear: Some components (like patch cables, connectors, etc.) can wear out or degrade over time with normal use. Our 30-day warranty is mainly aimed at defects or mistakes apparent soon after service. Normal aging or wear (beyond what a manufacturer covers, if at all) is not covered. For instance, if five years after installation, some cabling performance has degraded, that would likely be considered normal wear or maintenance issue rather than a warranty claim.

Statutory Guarantees (Australian Consumer Law): Nothing in these Terms or our warranty policy excludes, restricts, or modifies any rights you have under the Australian Consumer Law (ACL) or other applicable laws that cannot be lawfully excluded. If you are a “consumer” under the ACL (for example, if our services or products are of a kind ordinarily acquired for personal or household use), you may have statutory guarantees (such as services being carried out with due care and skill, and goods being reasonably fit for purpose). Our warranties are provided in addition to those rights. To the extent we are permitted to limit our liability for a failure to comply with a statutory guarantee, our liability will be limited (at our option) to re-supplying the services or paying the cost of re-supply, or in the case of goods, to repairing or replacing the goods or paying the cost of such repair or replacement.

Making a Warranty Claim: To claim under our 30-day labour warranty or a manufacturer warranty facilitated through us, please contact us as soon as you notice the problem. Provide details of the issue and, if possible, photographs or evidence of the fault. We will log your claim and arrange for a technician to assess and address the issue. If the issue is covered by warranty, we will schedule the remedial work at no charge. If the issue is found not to be covered (e.g. due to one of the exclusions above), we will advise you of the cause and may provide a quote for the repair if requested.

Our goal is your satisfaction and the reliable performance of the systems we install. We will work with you to resolve any issues fairly, whether through our own warranty or assisting with manufacturer claims.

Limitation of Liability

Overall Liability Cap: To the fullest extent permitted by applicable law, Nexa Data Solutions (Clearstone Capital Pty Ltd) limits its liability for any loss or damage arising out of or in connection with our services, these Terms, or the use of our website. In practical terms, this means that if we are found liable for any claim, our responsibility will be capped at either: (a) the total amount paid by you to us for the specific service(s) that gave rise to the claim, or (b) AUD $1000, whichever is greater. This limitation applies to any and all claims in the aggregate (not per incident) related to the service or occurrence. This overall cap does not apply to the extent that it is prohibited by law (for example, it does not apply to any liability we might have for personal injury or property damage caused by our negligence, or to any breach of consumer guarantees under the ACL that we cannot limit).

No Indirect or Consequential Damages: Under no circumstances will we be liable to you for any indirect, incidental, special, or consequential losses or damages. This includes, for example, loss of profits or revenue, loss of business opportunity, loss of or damage to data, downtime costs, or any pure economic loss that is not a direct result of our actions. You agree that it is reasonable for us to exclude such liability given the nature of our services and the fact that many factors (like your own network usage or third-party events) can influence these types of losses.

Cybersecurity and Data Loss: We provide IT and networking services, and while we take precautions to secure systems and may even advise you on security best practices, we cannot guarantee that your systems will be invulnerable to cyberattacks or unauthorized access after our work is done. As the Australian Cyber Security Centre notes, no set of mitigation strategies can guarantee protection against all cyber threats cyber.gov.au. Therefore, Nexa shall not be liable for any damage, loss or liability you incur as a result of cyber incidents (such as hacking, malware infections, data breaches or theft of data) that occur on networks, devices, or systems we worked on, provided that we did not directly cause those incidents through a breach of our duties. We strongly encourage clients to maintain appropriate security measures (firewalls, antivirus, regular updates, backups) and even consider cybersecurity insurance or advanced protections as suited to their needs. We are happy to guide you on best practices (e.g., implementing the Essential Eight framework) as a service, but ultimate responsibility for ongoing cybersecurity lies with you. Additionally, any data loss that occurs (whether due to cyber incidents or otherwise, like hardware failure) is your responsibility to mitigate via backups as per Section 3. We disclaim liability for restoration or recreation of lost data, except to the extent we caused the loss through our own negligence during the service.

Third-Party Services and Software: Nexa utilizes third-party platforms (such as GoHighLevel CRM, Simpro, Xero, and payment gateways) to deliver our services efficiently. We also may recommend or install third- party hardware/software as part of solutions. We are not responsible for faults or failures attributable to these third-party products or services. For example: if our scheduling notification fails to reach you due to an outage in our CRM system, if the payment gateway experiences downtime or security breach, or if a network hardware’s firmware has an undiscovered bug that later causes an issue – those events are outside our control. We do not warrant the performance or reliability of third- party products/services, and any remedy for their failure lies with the third-party provider’s warranties or support channels (though we will assist you in dealing with them to the extent possible). Similarly, if we integrate your system with a third-party service (like a cloud backup or a monitoring service) and that service fails or underperforms, we aren’t liable for the consequences. We choose reputable providers and hardware, but we cannot guarantee their flawlessness.

Service Interruptions and Force Majeure: We are not liable for delays or failure to perform our obligations (including any service disruptions) if such delay or failure is caused by events beyond our reasonable control. These events may include, but are not limited to: natural disasters (e.g., floods, earthquakes), acts of God, epidemics or pandemics, war or civil unrest, strikes or labor disputes, governmental actions, power or utility outages, supply chain disruptions, or internet/network provider failures. In the event of such a force majeure situation, our obligations are suspended for the duration of the event. We will communicate with you about any major interruptions and resume work as soon as feasible. If a force majeure event makes it impossible to complete the service in a reasonable time, either party may have the option to cancel the service, and we will work out a fair arrangement (such as a partial refund for work not completed, if you had pre-paid).

Website Use: Any use of our website by you is at your own risk. We make no guarantee that the site will be available continuously or free of errors/viruses. We disclaim liability for any damage to your computer systems or data that result from use of our website or interaction with our online resources, to the extent allowed by law. (See also our Legal Disclaimer for more details on website use terms, which is incorporated by reference into these Terms.)

Overall: Except as expressly provided in these Terms, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied or imposed by statute, common law, or otherwise in relation to the supply of goods or services by us are excluded (to the extent lawful). If any liability cannot be legally excluded, we limit it to the maximum extent permitted by law, as explained above.

By engaging our services, you acknowledge and accept these limitations on our liability. This section survives termination or completion of our services to you.

Indemnification

To the extent permitted by law, you (the Client) agree to indemnify and hold harmless Nexa Data Solutions, its parent company (Clearstone Capital Pty Ltd), directors, officers, employees, and contractors (the “Indemnified Parties”) from and against any and all losses, claims, liabilities, damages, costs, or expenses (including reasonable legal fees) that the Indemnified Parties may suffer or incur arising out of or in connection with:

• Your Breach: Any breach of these Terms by you. For example, if you violate Section 3 (Client Responsibilities) or any other obligations and that causes us damage or a third-party claim (such as you illegally copy software we installed and the vendor pursues us), you will cover us for those losses.
• Your Negligence or Misconduct: Any negligent or wrongful act or omission by you or your personnel. For instance, if you mishandle equipment we installed and it causes injury or property damage that we get roped into, or if someone else’s system is harmed because you connected something improperly to the network and they blame us, you would indemnify us.
• Third-Party Claims: Any claim by a third party arising from our provision of services to you, to the extent that such claim is attributable to your instructions, information, or something on your side. For example, if you supplied us with components to install and those components infringe someone’s intellectual property rights or are faulty and cause damage, and a claim is made against us, you will indemnify us.

This indemnity means you will make good any proven loss or damage we suffer as a result of the above, including paying for our legal defense if needed. We will promptly notify you of any claim for which we seek indemnification and will allow you to assist in the defense (provided that we may retain control of the defense). This clause does not require you to indemnify us for any loss or liability to the extent it was caused by our own negligence, fraud, or willful misconduct.

Intellectual Property

All intellectual property rights in any materials, documentation, drawings, designs, or software that we provide to you as part of our services or via our website are owned by or licensed to Nexa Data Solutions (Clearstone Capital Pty Ltd), unless otherwise explicitly agreed in writing. For example, if we provide a network design diagram or custom configuration script, we retain ownership of those intellectual property (IP) rights, though you have a license to use them for your intended internal purposes.

Likewise, the content on our website (texts, images, logos, graphics, and other materials) is protected by copyright and other IP laws. You may only use such content for its intended purpose (e.g. reading information, or downloading a brochure for personal use). You may not reproduce, distribute, or create derivative works from our content without our permission, except as allowed by law (such as fair dealing/fair use).

If, as part of a project, we develop or supply any software or code specifically for you, the ownership and licensing of that software will be addressed in a separate agreement if applicable. In absence of a specific agreement, we grant you a non-exclusive, non-transferable license to use that software or code strictly for the purpose for which it was provided, and we retain all other rights.

You warrant that any materials or information you provide to us (for instance, schematics from your architects, or software licenses you ask us to install) do not infringe the IP rights of others. If they do and we face a claim, you will indemnify us as per Section 9.

This provision ensures that each party’s intellectual property is respected and properly used.

Photos, Videos, and Media Usage

As noted in our Privacy Policy and in Section 3 (Client Responsibilities), our team may take photographs or video recordings at your site during or after service delivery. The primary purposes of capturing such media are: to document the work completed (e.g., before-and-after shots of an equipment rack or cabling run), for internal training and quality control, and to have a visual record in case of future troubleshooting or warranty claims.

By agreeing to these Terms, you consent to our capturing of photos/videos on-site for these legitimate business purposes. We will ensure that media is collected in a manner that respects your privacy and property – our focus is usually on the technical aspects (wiring, hardware) rather than people or personal items.

Regarding use of media for marketing or publicity: We value showcasing our work to potential clients (for example, on our website’s portfolio or social media pages). However, we equally respect your right to privacy and confidentiality. Therefore:

• We will never publicly share imagery that contains your personal identifiable information, sensitive business information, or depict individuals, without obtaining your explicit permission. In many cases, photos of cabling or server racks don’t reveal whose site it is – but if there is any identifiable element (like a company logo visible in the background, or a unique interior that might be recognized), we will either anonymise the image (blurring out identifiers) or seek consent before use.
• If you are a business client and would like to participate in a case study or testimonial, we may invite you, but that is completely voluntary and would involve a separate agreement or consent.
• Opting Out: If you do not want any photos/videos from your project to be used in our external marketing, simply let us know (you can inform the technician or contact our office). We will mark this preference in our records and ensure those media are kept internal only. This opt-out will not affect our service to you in any way.

All media files we capture are stored securely in line with our data security measures. Even for internal use, access is limited to Nexa staff who need it. If you’d like copies of photos of your own site (some clients like to have the before/after shots), you can request them and we’ll be happy to share if available.

Termination of Services

Either party may terminate a service engagement or order before completion with written notice to the other, subject to fair conditions. If you wish to cancel services that are in progress (and it’s not due to any fault on our part), you may do so, but you agree to pay for any work already performed and any costs we’ve incurred up to the point of termination. For example, if you cancel a project after we’ve purchased specific materials for it, those costs may be billable. We’ll endeavour to minimize any cancellation fees and will provide an itemization of any charges.

Nexa may terminate or suspend services if: (a) you materially breach these Terms (for instance, non-payment or unsafe working conditions that you do not remedy), (b) unforeseen circumstances outside our control prevent us from carrying out the work (see Force Majeure in Section 8), or (c) we have reason to believe the service request is for an unlawful purpose or poses excessive risk. We will give notice of such termination and reasons. If we terminate due to no fault of yours (e.g., something on our side), we will refund any pre-paid amounts for undelivered work.

Clauses in these Terms which by their nature should survive completion or termination (such as Warranties, Limitation of Liability, Indemnification, Governing Law, etc.) will continue to apply.

Governing Law and Dispute Resolution

These Terms of Service, and any services provided under them, are governed by the laws of the State of New South Wales, Australia, as well as applicable Commonwealth laws (including the Australian Consumer Law). If you are located in Queensland or another jurisdiction, you agree that NSW law will still apply (unless agreed otherwise in writing or required by local law for specific statutory matters).

In the event of any dispute or claim arising out of or in connection with our services or these Terms, both you and Nexa agree to first attempt to resolve the issue amicably through good-faith discussions. You can contact our management via the contact details on our website or in these Terms to raise any concerns, and we will work with you to address them. If we cannot resolve a dispute through negotiation within a reasonable time, either party may suggest mediation through an independent mediator in a mutually agreed location (or via online mediation). Costs of mediation would typically be shared equally.

If a dispute still cannot be resolved, it may be submitted to the courts of the jurisdiction. Both parties submit to the non-exclusive jurisdiction of the courts of New South Wales. “Non-exclusive jurisdiction” means that if you are a consumer, you might also have the option to pursue certain claims in the courts of your own state or country if required by law, but in general NSW would be the primary forum.

Miscellaneous Provisions

• Entire Agreement: These Terms, along with any service-specific agreement or quote, and our Privacy Policy, constitute the entire agreement between you and Nexa Data Solutions regarding the services. They supersede any prior understandings or agreements (written or oral) regarding the same subject matter. Any changes to these Terms must be in writing and agreed by both parties (except that we may update the Terms as described earlier, which you accept by continuing service use).
• Severability: If any provision of these Terms is found to be invalid or unenforceable by a court or tribunal of competent jurisdiction, that provision will be interpreted in a manner to closely reflect the original intent and comply with the law, or if that’s not possible, deemed removed. The remaining provisions will continue in full force and effect.
• No Waiver: If we do not immediately act on a breach of these Terms by you, that does not mean we waive our right to enforce that provision or any other provision later. For example, if you miss a payment and we don’t enforce the late fee right away, we can still require it later or enforce other terms; any waiver of rights must be explicit and in writing to be effective.
• Assignment: You may not assign or transfer your rights or obligations under these Terms to another party without our written consent. We may assign our rights and obligations (for example, if our business is sold or merged) by providing notice to you, and the Terms will continue to apply to the assignee.
• Third-Party Rights: These Terms do not create rights or obligations enforceable by anyone who is not a party to them (no third-party beneficiaries), except where expressly stated (e.g., the indemnification covers our employees, who could rely on that protection).
• Headings: Section headings in this document are for convenience only and do not affect the interpretation of the Terms.
• Electronic Communications: We primarily communicate with clients via email, SMS, and other electronic means. You consent to receive communications from us electronically, and agree that electronic communications (including invoices, notices, agreements, and disclosures) satisfy any legal requirement that such communications be in writing. We will use the contact information you have provided. It’s your responsibility to keep those details up to date with us.

Thank you for reading our Terms of Service. If you have any questions or need clarification on any section, please reach out to us — we’re here to help and ensure a clear understanding. By proceeding with our services, you confirm that you understand and agree to these Terms.