Terms of Service

Last updated: 30 October 2026

These Terms of Service govern your access to and use of nexpathsoftware.com.au and, where applicable, the services provided by NEXPATH SOFTWARE PTY LTD (“NexPath”, “we”, “us” or “our”). By using this website or engaging us for services, you agree to these terms. If you do not agree, please do not use the website.

1. About these terms

These terms apply to the website and to general dealings with us. A specific engagement is governed by a separate written agreement, statement of work or proposal accepted by both parties. If there is a conflict between these terms and a signed agreement, the signed agreement prevails for that engagement.

If you are using this website on behalf of an organisation, you confirm that you have authority to bind that organisation to these terms.

2. Website content

This website provides general information about NexPath and our services. It is not professional, legal, financial, security or technical advice and should not be relied on as a substitute for a formal engagement or independent advice.

We aim to keep the information accurate and current, but we do not warrant that every page is complete, accurate or suitable for a particular purpose. Case studies, project descriptions and outcome figures are indicative and may be anonymised or simplified to protect client confidentiality.

3. Quotes, proposals and engagements

A quote or proposal is valid for the period stated in the document. If no period is stated, it is valid for 30 days. A quote is based on the scope, assumptions, exclusions and dependencies stated in it. A change to those assumptions may change the price, timeline or delivery approach.

No engagement exists until a written agreement or statement of work is accepted by both parties. We may decline an engagement at our discretion, including where we cannot responsibly deliver the requested scope or where a conflict of interest exists.

4. Fees and payment

Fees are set out in the applicable quote, proposal or statement of work. Unless stated otherwise, fees are exclusive of GST and any applicable taxes. Payment terms are stated in the agreement and may include milestone payments, monthly retainers or time-based billing.

Invoices are payable within the period stated on the invoice. If an invoice is not paid by the due date, we may suspend work or support after giving notice, and we may charge reasonable recovery costs where permitted by law. We will not suspend work in a way that creates an unreasonable safety or operational risk without first discussing an alternative.

5. Client responsibilities

A successful engagement depends on both parties. The client is responsible for:

• Providing timely access to information, systems, environments and decision-makers.
• Nominating a decision owner with authority to approve scope, acceptance and changes.
• Ensuring that any data, content or third-party service supplied to us may lawfully be used for the engagement.
• Maintaining its own security, privacy and compliance obligations for systems and data it controls.
• Reviewing deliverables and providing acceptance decisions within the agreed timeframes.

Delays or additional work caused by a client dependency may affect the schedule or cost. We will raise the impact as soon as it becomes apparent.

6. Intellectual property

Unless otherwise stated in a written agreement, the client owns the deliverables created specifically for it and paid for under the engagement. We retain ownership of our pre-existing tools, frameworks, methods, know-how and generic components, and grant the client a licence to use them as incorporated in the deliverables.

We retain the right to describe the engagement in general terms, including sector and capability, provided we do not disclose confidential information or identify the client without permission. The client may not use our name, logo or case study without our written consent.

7. Confidentiality

Each party may receive confidential information from the other. The receiving party will use it only for the purpose of the engagement, protect it with reasonable care and disclose it only to personnel or advisers who need to know and are bound by confidentiality obligations.

Confidentiality obligations do not apply to information that is public, independently developed, lawfully received from a third party without restriction, or required to be disclosed by law. Where disclosure is required by law, the disclosing party will give notice where permitted.

8. Privacy

We handle personal information in accordance with our Privacy Policy. The client is responsible for ensuring that it has the necessary rights and consents to provide personal information to us for the engagement, and for complying with its own privacy obligations.

Where an engagement involves access to personal, health or financial information, the parties will agree the applicable data handling, access and security requirements in the statement of work or a separate data processing arrangement.

9. Acceptable use of the website

You must not use this website in a way that is unlawful, infringes the rights of others, interferes with the website’s operation, attempts to gain unauthorised access, introduces malicious code or places an unreasonable load on our infrastructure. You must not scrape or reproduce the website content for a commercial purpose without our written consent.

10. Third-party services and links

This website does not currently contain links to external websites. If external links are added in future, they will be provided for convenience only. We do not control and are not responsible for the content, security or privacy practices of external sites.

Where an engagement involves a third-party platform, product or service, the client remains responsible for its own contractual relationship with that provider unless we expressly agree otherwise in writing.

11. Warranties and disclaimers

We will perform services with reasonable skill and care and in accordance with the agreed statement of work. To the extent permitted by law, all other warranties, representations and conditions, whether express or implied, are excluded.

We do not warrant that any system will be free from defects or that it will meet every purpose not expressly stated in the agreement. Software is complex, and the operating environment changes. We will use reasonable efforts to correct defects that fall within the agreed scope and support terms.

12. Limitation of liability

To the extent permitted by law, neither party is liable for indirect, incidental, special or consequential loss, loss of profit, loss of revenue, loss of anticipated savings or loss of data arising from or in connection with these terms or an engagement.

To the extent permitted by law, our total liability for a claim arising out of an engagement is limited to the fees paid or payable for the services giving rise to the claim. This limitation does not apply to fraud, wilful misconduct, death or personal injury caused by negligence, or any liability that cannot be limited by law.

13. Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law. If a guarantee applies and is not complied with, the client may be entitled to a remedy. Where the law permits us to limit our liability for a failure to comply with a guarantee, we may limit it to re-supplying the services or paying the cost of having them supplied again.

14. Termination

Either party may terminate an engagement in accordance with the written agreement. If the agreement does not specify a termination right, either party may terminate for a material breach that is not remedied within 14 days after written notice, or immediately if the other party becomes insolvent or unable to perform.

On termination, the client must pay for services performed and commitments properly incurred up to the termination date. We will provide the agreed handover materials and cooperate in an orderly transition, subject to payment of outstanding fees.

15. Governing law and disputes

These terms are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia.

Before commencing proceedings, the parties will attempt to resolve a dispute through good-faith discussion and, if appropriate, mediation. Nothing in this clause prevents a party from seeking urgent injunctive relief or taking action to protect confidential information.

16. Changes to these terms

We may update these terms from time to time. The current version will be published on this page with the date it was last updated. Changes apply to future use of the website and future engagements. A change does not retrospectively alter a signed agreement.

17. Contact

Questions about these terms can be sent to support@nexpathsoftware.com.au or by phone on 07 2143 8164. Our business address is Level 3 601 Coronation Drive Toowong QLD 4066, Australia.

18. Interpretation

In these terms, “services” means the software, cloud, data, integration, consulting and support services described in an accepted statement of work. “Deliverables” means the materials specifically identified as deliverables in that statement. “Confidential information” has the meaning given in clause 7.

Headings are for convenience only and do not affect interpretation. A reference to a statute includes any amendment or replacement. If any provision is found to be invalid or unenforceable, the remaining provisions continue to apply to the extent permitted by law.