Nexa Data Solutions – Legal Disclaimer

Last Updated: 13/06/2025

The information and materials provided on the Nexa Data Solutions website (www.nexadatasolutions.com) and any published content (including brochures, blog posts, FAQs, and social media content) are provided for general informational purposes only. While we strive to keep all information up-to-date and accurate, Nexa Data Solutions makes no representation or warranty of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of any information contained on our site or in our materials. Use of our website and services is subject to the following disclaimers:

General Information, Not Professional Advice

The content on our website is not tailored to your specific situation and does not constitute professional advice (be it technical, financial, or otherwise). For example, any articles or tips we provide on improving network security or optimizing IT infrastructure are intended as general guidance. Your particular needs or circumstances may differ, and you should consult directly with us or another qualified professional before acting on any information found on our site. Reliance on any information on this website is at your own risk.

Nexa Data Solutions disclaims any liability for actions taken based on the information presented on our website. If you spot any errors or omissions, we appreciate being informed, but we do not guarantee to correct or update content immediately.

No Guarantees of Service or Security

We endeavor to keep our website up and running smoothly. However, access to the website is provided on an “as is” and “as available” basis. We do not guarantee that your access will be uninterrupted, timely, secure, or error-free. Scheduled maintenance, technical issues, or factors outside our control (like hosting outages or internet backbone problems) may occasionally make the site unavailable.

Additionally, while we have implemented security measures to protect our website (and by extension, users of the website), we do not warrant that the site (or any content downloadable from it) will be free of viruses, malware, or other harmful components. Cybersecurity threats are an ever-present risk, and no website or online service can be completely immunecyber.gov.au. You are responsible for ensuring that you have up-to-date antivirus and security software on any device you use to access our site. Nexa will not be liable for any damage to your computer system, loss of data, or other harm caused by viruses or technologically harmful material due to your use of our website or any linked website.

In line with industry best practices (including guidelines like the ACSC Essential Eight framework), we continuously work to fortify our cyber defenses. However, by using our site, you acknowledge and accept the inherent risks of transmitting information over the internet, and you release us from any claim arising from the interception, loss, or alteration of data during such transmission, except to the extent caused by our breach of legal obligations.

Third-Party Content and References

Our website and communications may include links to third-party websites or services, or display content provided by third parties (for example, an embedded map for our office location, or social media feeds). These links and contents are provided for your convenience and reference only. Nexa Data Solutions does not endorse and has no control over the content, security, or practices of any third-party sites or services that are not under our direct control.

If you follow a link to an external website, note that those sites have their own terms and privacy policies. We disclaim responsibility or liability for any third-party information or products. This includes:

• Accuracy and Content: We are not responsible if the information on linked third-party sites is incorrect or outdated.
• Privacy: We do not guarantee how third-party sites collect or use your data. Please review their privacy policies.
• Availability and Security: We cannot warrant that third-party websites will be available, secure, or free from errors or harmful elements.

For example, if you make an online payment for our services, you might be redirected to a secure payment gateway or a Xero invoice page. While these are trusted providers, your interaction with those platforms is subject to their terms of service, and we are not liable for any issues arising on their end (such as payment processing errors or data breaches on the payment platform). That said, if you encounter an issue with a linked service (like difficulty making a payment), you can contact us for assistance and we will do our best to help facilitate a resolution with the third-party.

Limitation of Liability (Website and Information Use)

To the maximum extent permitted by Australian law, Nexa Data Solutions disclaims all liability for any loss, damage, or injury arising out of or in connection with your access to, or use of, or inability to use, the website or the information contained on the website. This includes any information that may be acted upon from our site or communications. Specifically:

• No Liability for Indirect Damages: We will not be liable for any indirect or consequential losses or damages (such as loss of profit, loss of business opportunity, or loss of data) that result from use of our site or reliance on our information.
• No Liability for Decisions: Any decisions you make based on information on our site are your sole responsibility. For instance, if we publish a checklist for home network setup and you follow it without engaging a professional, we won’t be responsible if something goes wrong or doesn’t meet your needs.
• Consumer Law: We acknowledge that you may have statutory rights under Australian Consumer Law. Nothing in this Disclaimer is intended to exclude or restrict any legal rights you have that cannot be excluded. However, to the extent that we are allowed to limit our liability for breach of such rights, we limit it as described in our Terms of Service (for example, to supplying the service again or paying the cost of doing so).

By using our website, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Nexa or other parties (including other users or any third-party content providers) will be limited to a claim against Nexa directly and not any others. You also agree that our total liability to you (if any) in any circumstance will not exceed one hundred Australian dollars (AUD $100) or the equivalent in your local currency.

Service-Specific Disclaimers

If you are a customer of Nexa Data Solutions, the Terms of Service provided above outline our commitments and limitations in the context of service delivery. Those terms, including warranty disclaimers and liability limitations, apply to the services you receive from us. This Legal Disclaimer section is intended more for the general use of our website and informational materials. However, there are a few additional points worth noting in context of our IT/data services:

• No 100% Guarantee of Outcomes: We may advise on or implement solutions to improve your IT infrastructure, network speeds, or cybersecurity. While we aim for the best possible results, we do not guarantee specific outcomes (e.g., that a network will never go down, or that a certain cybersecurity measure will prevent all breaches). The very nature of technology is that it can be unpredictable, and new threats or issues can emerge. Our commitment is to exercise professional diligence and follow recognised frameworks, but outcomes can vary.
• Client Responsibility: The effectiveness of any IT system also depends on how it’s used and maintained. For example, we could install a top-of-the-line firewall (and this would significantly bolster security), but if weak passwords are used or users fall for phishing emails, breaches can still occur. Our disclaimers outline that the client shares responsibility for maintaining security best practices and data backups. We disclaim liability for issues that arise from factors outside our control or the client’s failure to follow recommended guidelines.
• Third-Party Warranties and Support: When we supply or recommend third-party products (like hardware or software), please be aware that your primary warranty or support for those products may lie with the manufacturer or provider. We’ll assist you in contacting them or facilitating support, but ultimately we cannot assume liability for defects or breaches in those third-party products beyond what is stated in our Terms (we pass through manufacturer warranties, etc.). Any representation or statement about a product (for example, “this router is capable of speeds up to X”) is based on information provided by the manufacturer, and we are not liable if those specifications are not met in real-world use (perhaps due to factors in your environment).

Marketing and Testimonials

Any testimonials, case studies, or examples of results published on our site or marketing materials are illustrative of individual experiences. They are not guarantees that all clients will achieve the same results. For instance, if a business client states that “Nexa improved our office network uptime by 50%,” that was true for their specific scenario; your situation may differ.

We sometimes mention compliance with standards or frameworks (like “adhering to the Essential Eight” or “following ACSC guidelines”) in our marketing. While those statements are true in terms of our approach, they should not be interpreted as an elimination of risk or a guarantee of invulnerability. They are part of our value proposition to demonstrate our professionalism and alignment with best practices, not a warranty.

Legal Information

Nexa Data Solutions is operated by Clearstone Capital Pty Ltd, an Australian registered company. While we operate in multiple states (NSW and QLD), our website content is intended to comply with Australian laws. We make no claims that the site or its content are appropriate or lawful outside Australia. If you access the site from outside Australia, you do so at your own risk and are responsible for compliance with your local laws.

Any disputes arising from the use of this website or its content are subject to the laws of New South Wales, Australia (as stated in our Terms of Service). By using the site, you consent to that jurisdiction.

Changes to This Disclaimer

We may update this Legal Disclaimer from time to time. Changes will be effective immediately upon posting to the website. It is your responsibility to review this page periodically for any updates. Your continued use of the website following the posting of changes signifies your acceptance of those changes.

Contact Us

If you have any questions or concerns about this Legal Disclaimer, the content on our website, or our services, please contact us:

Nexa Electrical Solutions – Website Inquiries
Email: office@nexadatasolutions.com
Telephone: +61461141110
Mailing Address: PO Box 216, Shellharbour City, NSW, 2529

By using our website or services, you acknowledge that you have read, understood, and agreed to this Legal Disclaimer.

Thank you for visiting Nexa Data Solutions online. We value your trust and are committed to transparency and integrity in all our communications.