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Terms of Service

1. Acceptance of Terms

By accessing or using the website at www.nextbuildai.com.au (the “Site”), requesting a quote, making a booking, or engaging the services of Next Build AI (“we”, “us”, or “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use our Site or services.
These Terms apply to all visitors, enquirers, and clients. We reserve the right to update these Terms at any time. Continued use of the Site after any change constitutes your acceptance of the revised Terms.

2. About Us & Our Services

Next Build AI is an Australian company (ABN: 74650453151) operating predominantly in Queensland but also in other states. We provide the following services:

Digital & Website Services

We design, build, and manage websites and digital marketing assets for small and medium businesses across Australia. Services include:
  • Website design, development, and hosting setup
  • Google Business Profile creation and optimisation
  • SEO, analytics, and digital reporting
  • Ongoing website maintenance and support (where contracted)

3. Quotes, Bookings & Agreements

3.1 Quotes

Any quote or estimate provided by us is valid for 30 days from the date of issue unless otherwise stated. Quotes are subject to change if the scope of work changes, site conditions differ from expectations, or materials pricing changes. A quote does not constitute a binding contract until confirmed in writing by both parties.

3.2 Booking Confirmation

A booking or engagement is confirmed when we have received your written acceptance of a quote and any required deposit payment. We reserve the right to decline any booking at our discretion.

3.3 Deposits & Payment Terms

The following payment terms apply:

  • A deposit of 50% is required to secure your booking
  • The balance is due on completion / prior to delivery / within 14 days of invoice
  • Payments may be made by bank transfer / credit card

Late payments may incur a fee of 1.5% per month on the outstanding balance. We reserve the right to suspend services until outstanding amounts are paid.

Recurring Payments

By accepting these terms and providing payment details, you authorise Next build AI to process recurring payments through Pinch Payments for the services agreed upon between the parties.

Recurring payments will be charged using the payment method nominated by the customer at the agreed frequency and amount.

Payments will be processed monthly unless otherwise agreed in writing.

The payment amount and commencement date will be outlined in your proposal, invoice, service agreement, or accepted quotation.

Notice Period for Cancellation

Either party may terminate the service agreement by providing a minimum of thirty (30) days written notice.

Notice must be provided by email to the designated business contact.

Any payments scheduled during the notice period remain payable and will continue to be processed.

Failed Payments

If a recurring payment is declined, dishonoured, or otherwise fails:

  • The customer will be notified of the failed payment.
  • The business may reattempt the payment within seven (7) days.
  • Any fees incurred as a result of failed payments may be passed on to the customer where permitted by law.
  • Services may be suspended if payment remains outstanding for more than fourteen (14) days.


Changes to Payment Amounts

  • The business may adjust pricing from time to time.
  • Where a recurring payment amount is to be increased, the customer will be provided with a minimum of thirty (30) days written notice prior to the change taking effect.

 

 Customer Responsibilities

The customer agrees to:

  • Ensure sufficient funds are available on the scheduled payment date.
  • Maintain current payment details.
  • Notify the business of any changes to payment methods or billing information.
  • Review invoices and payment confirmations and advise of any discrepancies within seven (7) days.

 

Service Suspension

  • The business reserves the right to suspend services where payments remain overdue.
  • Suspension of services does not waive the customer’s obligation to pay outstanding amounts.

Any costs associated with restarting or reinstating services may be charged separately.

Disputed Charges

If the customer believes a payment has been processed incorrectly, they must notify the business within seven (7) days of the transaction date.

The business will investigate the matter and provide a written response within a reasonable timeframe.

Privacy

Payment information is securely processed and stored by Pinch Payments in accordance with applicable privacy laws and payment industry standards.

The business does not store full credit card or direct debit details.

Acceptance

By providing payment details and authorising recurring payments through Pinch Payments, the customer acknowledges that they have read, understood, and agreed to these Recurring Payment Terms & Conditions.

4. Cancellations, Modifications & Refunds

We understand that plans change. Our cancellation policy is as follows:
  • Cancellations made more than 14 days before the scheduled date: full deposit refund
  • Cancellations made 7–14 days before 50% of deposit retained
  • Cancellations made less than 7 days before full deposit forfeited
Where we cancel a confirmed booking due to circumstances within our control, we will provide a full refund of any deposit paid. We are not liable for cancellations due to circumstances beyond our reasonable control (see Clause 10).
Refunds are processed within 5–10 business days via the original payment method.
Your rights under the Australian Consumer Law (ACL) are not limited by this policy. If a service is not provided as agreed or does not meet consumer guarantees, you may be entitled to a remedy under the ACL.

5. Our Obligations

We are committed to:
  • Providing services with due care, skill, and professionalism
  • Using quality materials and equipment appropriate for the job
  • Communicating clearly and keeping you informed of progress
  • Holding all required licences, registrations, and insurances for the services we provide
  • Complying with all applicable laws, standards, and regulations

6. Your Responsibilities

To allow us to deliver our services effectively, you agree to:
  • Provide accurate and complete information when requesting a quote or booking
  • Ensure safe and reasonable access to the site, property, or event venue as required
  • Obtain any necessary approvals, permits, or body corporate consents prior to works commencing
  • Advise us of any known hazards, underground services, or site constraints before we begin
  • Pay all amounts owing by the agreed due date
  • List Item

7. Intellectual Property

All content on this website, including text, images, logos, graphics, and design elements, is owned by or licensed to Next Build AI and is protected by Australian and international copyright law. You may not reproduce, distribute, or use any content from this Site without our prior written consent.

7.1 Website & Digital Deliverables

Upon receipt of full payment, ownership of custom website content and design assets created specifically for your project transfers to you. We retain the right to display completed work in our portfolio unless you request otherwise in writing.
Third-party themes, plugins, stock images, and software used in your website remain subject to their respective licences. We will advise you of any third-party licences that require renewal or payment.

8. Limitation of Liability

To the maximum extent permitted by law, our total liability to you for any claim arising from or related to our services is limited to the amount you paid us for the specific service giving rise to the claim.
We exclude all liability for indirect, incidental, consequential, or special loss or damage, including but not limited to loss of income, loss of profit, or loss of opportunity, unless caused by our fraud or wilful misconduct.
Nothing in these Terms limits your rights under the Australian Consumer Law. If you are a consumer and a consumer guarantee applies, our liability is limited to re-supplying the service or paying the cost of having the service re-supplied.

9. Warranties & Guarantees

We warrant that our services will be provided with reasonable care and skill. Beyond this and our statutory obligations under the ACL, we make no representations or warranties, express or implied, regarding:
  • Specific outcomes or results from our services
  • The fitness of our services for any purpose not expressly agreed
  • The accuracy of any estimates of time or cost (though we will always communicate changes promptly)
Any written warranty or guarantee provided with a specific job or service is set out in your quote or service agreement and supersedes this general clause.

10. Force Majeure

We will not be liable for any delay or failure to perform our obligations where such delay or failure results from circumstances beyond our reasonable control, including but not limited to: severe weather events, natural disasters, supply chain disruptions, government restrictions, industrial action, or other events of force majeure.
We will notify you as soon as reasonably practicable if a force majeure event affects your booking or project, and will work with you to reschedule or find an appropriate solution.

11. Google Services & Third-Party Tools

Our website uses third-party services including Google Analytics, Google Ads, and Google Maps to operate and improve your experience. Use of these services is governed by Google’s Terms of Service (google.com/terms) and Privacy Policy (policies.google.com). By using our Site, you acknowledge and agree to these terms.
We may also integrate third-party tools such as booking platforms, CRM systems, or marketing software. These tools have their own terms and privacy policies, which we encourage you to review.
We are not responsible for the availability, accuracy, or conduct of any third-party service or platform.

12. Use of This Website

You agree to use this Site only for lawful purposes and in a manner that does not infringe the rights of others. You must not:
  • Use the Site to transmit any unlawful, harmful, or offensive material
  • Attempt to gain unauthorised access to any part of the Site or our systems
  • Use automated tools to scrape, crawl, or harvest data from the Site
  • Reproduce or republish any content without our written permission
We reserve the right to restrict access to the Site or remove any content at our discretion without notice.

13. Privacy

Your privacy matters to us. Our collection and use of your personal information is governed by our Privacy Policy, available at www.nextbuildai.com.au/privacy-policy. By using our Site and services, you consent to the collection and use of your information as described in that policy.

14. Disputes

We genuinely want to resolve any issue quickly and fairly. If you have a concern or complaint, please contact us first using the details below. We will acknowledge your complaint within 2 business days and aim to resolve it within 10 business days.
If a dispute cannot be resolved directly, both parties agree to attempt mediation through a mutually agreed mediator before commencing legal proceedings. These Terms are governed by the laws of Queensland / NSW / other State, Australia, and both parties submit to the jurisdiction of the courts of that state.

15. General

Severability: If any part of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force.

Entire Agreement: These Terms, together with any written quote, service agreement, or hire contract, constitute the entire agreement between you and Next Build AI and supersede all prior discussions or representations.

Waiver: Our failure to enforce any provision of these Terms at any time does not constitute a waiver of that provision.

Assignment: You may not assign your rights or obligations under these Terms without our prior written consent.

16. Contact Us

If you have any questions about these Terms, please get in touch:

Next Build AI

Phone: 0468802312
Email: hello@nextbuildai.com.au
Address: Airlie Beach Queensland
Website: www.nextbuildai.com.au