Terms of Service
The terms and conditions that govern the professional business and consulting services provided by Nextgenn Services Group Pty Ltd.
Last updated: 2024 · Nextgenn Services Group Pty Ltd · ABN 75 703 172 874 · Melbourne VIC
1. About These Terms
These Terms of Service (“Terms”) apply to all professional business and consulting services supplied by Nextgenn Services Group Pty Ltd (ABN 75 703 172 874), trading through https://nextgennservicesgroup.online (“we”, “us” or “our”), to you (“the Client”). By engaging our services, requesting a quotation, or accepting a written engagement, you agree to be bound by these Terms.
If anything in these Terms is unclear, please contact us at ceo@nextgennservicesgroup.online before proceeding.
2. Our Services
We provide professional business and consulting services, which may include business advisory, strategic planning, operational review, compliance support, documentation and related consulting work. The exact scope of services for any engagement will be set out in a written proposal, quotation or engagement letter issued by us.
Any advice, deliverables or recommendations we provide are based on the information you supply to us and on our professional judgement at the time of the engagement. We are not a licensed financial adviser, legal practitioner or registered tax agent, and nothing in our services constitutes financial product advice, legal advice or tax advice unless expressly stated in writing.
3. Quotations and Engagement
- Quotations provided through our website or by email are estimates based on the information you provide and remain valid for 30 days unless otherwise stated.
- A binding engagement only arises once you accept our written quotation or engagement letter and any agreed deposit has been received.
- If the scope of work changes during an engagement, we will discuss the change with you and confirm any variation in writing, including any adjustment to fees.
4. Fees, Invoicing and GST
- All fees are quoted in Australian dollars (AUD) and are exclusive of GST unless otherwise stated. Where GST applies, it will be added to invoices in accordance with Australian tax law.
- Invoices are payable within 14 days of the invoice date, unless a different payment term is agreed in writing.
- Where we incur third-party costs on your behalf (such as software subscriptions, lodgement fees or travel), these will be itemised and passed on at cost or as agreed.
- Overdue amounts may attract interest and reasonable recovery costs to the extent permitted by law.
5. Client Responsibilities
To enable us to deliver our services effectively, you agree to provide accurate, complete and timely information, to respond to reasonable requests within agreed timeframes, and to notify us promptly of any change that may affect the work. We are not responsible for delays or errors arising from incomplete, inaccurate or late information provided by you or your representatives.
6. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any rights or remedies you have under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other applicable Australian legislation.
Under the Australian Consumer Law, our services come with guarantees that cannot be excluded, including that services will be provided with due care and skill, will be fit for any purpose you have made known to us, and will be supplied within a reasonable time when no time is specified.
If our services do not comply with these guarantees, you may be entitled to a remedy such as resupply of the services or payment of the cost of resupply, depending on the nature of the failure. To make a claim, please contact us at ceo@nextgennservicesgroup.online with details of the issue so we can work with you to resolve it fairly and promptly.
7. Limitation of Liability
To the fullest extent permitted by law, and subject always to section 6 and the Australian Consumer Law:
- We will not be liable for any indirect, consequential or incidental loss, including loss of profit, revenue, goodwill or business opportunity, arising from the services.
- Our total liability for any claim arising from an engagement is limited to the fees paid by you for the service giving rise to the claim.
- Where the Australian Consumer Law applies and permits limitation, our liability for a failure to comply with a consumer guarantee is limited, at our option, to resupplying the services or paying the cost of resupply.
8. Intellectual Property
All pre-existing materials, methodologies, templates and tools we use in delivering services remain our intellectual property. Upon full payment of the relevant fees, you receive a perpetual, non-exclusive licence to use the deliverables prepared specifically for your engagement for your own business purposes. We may retain copies of deliverables for our records and, unless you ask us in writing not to, reference anonymised work in our portfolio.
9. Confidentiality
Both parties agree to keep confidential all non-public information shared during an engagement, and to use it only for the purposes of that engagement. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law or a regulator.
10. Privacy
We handle your personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). By engaging our services, you consent to us collecting, using and disclosing personal information as described in that policy.
11. Suspension and Termination
- Either party may terminate an engagement by giving 14 days written notice, unless the engagement letter specifies otherwise.
- You remain liable for fees and disbursements for work performed up to the date of termination.
- We may suspend or terminate services immediately if fees remain overdue, if you fail to provide necessary information, or if continuing the engagement would breach law or professional standards.
12. Force Majeure
We are not liable for delays or failures in performance caused by events beyond our reasonable control, including natural disasters, pandemics, industrial action, power or telecommunications failures, or changes in government policy. Where such an event occurs, we will notify you and agree on a reasonable revised timetable.
13. General
- These Terms, together with any engagement letter or accepted quotation, form the entire agreement between the parties.
- If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force.
- We may update these Terms from time to time. The version applicable to your engagement is the version in force at the time you accept our quotation or engagement letter.
- These Terms are governed by the laws of Victoria, Australia, and the parties submit to the jurisdiction of the courts of Victoria.
14. Contact Us
Questions, concerns or notices regarding these Terms can be sent to:
Nextgenn Services Group Pty Ltd
ABN 75 703 172 874
Melbourne VIC, Australia
Email: ceo@nextgennservicesgroup.online
Website: https://nextgennservicesgroup.online