This Terms of Service Agreement sets out the terms and conditions under which you (the Client) have engaged Next X PTY LTD (ABN89660338901) to perform certain services as described below. This is a legally binding agreement between you and Next X PTY LTD.
1.1 All services provided
Next X provides digital services that include, but are not limited to: search engine optimisation, media buying services, web development services, mobile app development services, video animation, etc.
Next X PTY LTD (also known as Next X) offers its customers all the services mentioned in clause 1.1, and the price is agreed between the parties before the start of this Agreement. The Customer, at this moment, authorises Next X PTY LTD to appoint employees and/or subcontractors from time to time to assist it in providing the Services hereunder, this Agreement.
Next X will provide customer services per Next X’s standard policies and procedures. Next X reserves the right to ask customers for anything else at Next X’s discretion. Next X will be responsible for all aspects of providing the Service. All of Next X’s following policies, guidelines and procedures regarding privacy, pricing, customer service and other parts of the Service will apply, and Next X may change its policies, guidelines and procedures from time to time to its own time and authority.
Process of Services
Next X’s Services processes are confidential, and Next X does not disclose those activities. However, to provide feedback to the Client about the domain’s progress and other services.
Fees and payments
All fees for services provided to the Client must be paid before delivering the services. The Client can pay Next X by credit card or bank transfer.
If the Customer provides credit card information to Next X, the Customer authorises Next X to charge its credit or debit card the appropriate amount to the Customer’s account. Recurring charges will be charged to the Customer’s credit card until the Customer cancels the Next X’s Service.
If the payment method is a credit card, Next X will attempt to charge the Customer’s credit card at the month’s end of the Customer’s first service order. All payments must be received by 5:00 pm on the due date stated on the invoice.
Failure to pay by the due date for any reason may result in the suspension of work until full payment is received. The Customer agrees that unpaid invoices will be sent to the collection agency after two months.
In the case of a breach of this Agreement by Next X, Next X does not offer compensation for anything on cancellation of Service.
This Agreement shall be renewed at the end of every 30 days for the 30 days unless either party gives at least 30 days written notice of the intention not to continue or both parties agree to enter into a new agreement for a specific period.
Cancellations take effect on the day following the end of the service period. The Customer will be notified of the cancellation by email.
Next X further disclaims any rights relating to or relating to this Agreement that are not provided by law under the laws of the Commonwealth of Australia or New South Wales. The following Next X makes no warranty or representation:
For all agreed services, all activities are submitted to the Customer and delivered at the end of the service period.
The Customer acknowledges and agrees that: the information on or through the website or application of the Customer as a result of the application of the Service is not checked, verified or verified by another Next X team or contractor in any way before it appears on the website or application;
Next X does not endorse, review or approve the content of such information, and the Customer always remains legally responsible for the content of the website or the Customer’s application (including concerning the violation of the intellectual rights of third parties).
Next X does not guarantee or warrant that: any information on or through Next X will be free of viruses and that the services or functions of Next X or the contractors will be interrupted or without error or defect. The Customer remains responsible for the security and integrity of its software, website, network and systems. Customers agree to share all personal information required for providing the Service.
Customer shall compensate Next X and its team, suppliers, directors, employees, agents and employees against all losses, liabilities, damages, charges and expenses (including reasonable legal fees) arising out of or related to any breach by the Custome of the terms of this Agreement.
Claims or Losses
Next X shall not be liable to Customer or any other entity or claim by or on behalf of Customer for any loss of profit or revenue or other damages and -indirect, consequential, accidental or particulars, or in any way for contract or tort, concerning it. This contract, even if Next X is otherwise advised of the possibility of the damage. In no event shall Next X’s payment under this clause exceed the amount that Next X’s Customer paid for the previous (1) month of Service.
This limit is cumulative, and the existence of more than one claim will not increase the limit. The Customer acknowledges that these limitations are an essential part of the negotiations between the parties and that in their absence, the terms and conditions of this Agreement will be different.
This Agreement constitutes the entire understanding and Agreement of the parties concerning the subject matter. This Agreement may be modified from time to time at Next X’s sole discretion. Email communication sent to the Customer’s last known email address shall be sufficient notice of such changes to this Agreement. This Agreement binds and ensures to the benefit of the beneficiaries and assigns the rights of others; However, Customer may not station this Agreement, in whole or in part, without Next X’s prior written consent, and any interpretation by Customer without such permission shall be expressionless.
This Agreement shall be governed by and construed following the laws of the State of New South Wales (Australia) without regard to its conflict of law provisions. Any litigation or explanation of any dispute relating to this Agreement shall be held in Australia, and the parties at this moment submit to the jurisdiction of the state and federal courts located there.
Except as expressly provided herein, any notice required or agreed under this Agreement shall be sufficient if it is written in English and sent by Australia Post Certified Mail, receipt return requested. If any provision of this Agreement is held to be unenforceable by a court of competent jurisdiction, the provision shall be severed only to the minimum extent necessary, and the remaining provisions and this Agreement shall remain in full force and effect.
The waiver of any breach or default of this Agreement shall not constitute a waiver of any subsequent breach or default and shall not act to modify or terminate the rights of the parties to the disclaimer.