Terms of Use

These Terms of Use govern your access to this website at nextpointit.com.au, operated by NextPoint IT Pty Ltd (ABN 44 692 718 988). In these terms it is referred to as the Website.

Using the Website means you accept these terms. If you do not accept them, do not use the Website.

The Website describes what we do: ISO 27001 and ISO 42001 implementation and audits, IT consulting, cloud infrastructure on AWS and Azure, and cybersecurity. It needs no account.

A specific engagement may be covered by its own agreement, statement of work or service level agreement. Where one of those conflicts with these terms, that document prevails to the extent of the inconsistency.

GhostPush, our secret sharing product at ghostpush.com, has its own terms of use, published on that site. These terms do not cover it.

Use the Website lawfully. You must not:

• Breach any Australian or international law or regulation.
• Try to gain unauthorised access to any part of the Website, or to any system connected to it.
• Introduce viruses, malware or any other harmful code.
• Interfere with or disrupt the integrity or performance of the Website.
• Send unsolicited commercial messages through the Website, including its contact form.
• Scrape, harvest or collect information from our website by automated means without our written consent.
• Impersonate anyone, or misrepresent your association with them.

Everything on this website belongs to NextPoint IT or to our licensors, and is protected by Australian and international intellectual property law. That covers the text, graphics, logos, icons, images, software and design.

You may not reproduce, distribute, modify, build derivative works from, publicly display or otherwise exploit any of it without our prior written consent.

Work we build for you is different. Where we develop custom software, a website or any other deliverable under a service agreement, who owns it and how it is licensed is settled by that agreement, not by this clause.

The Website links to sites and services we neither own nor control. We are not responsible for their content, their privacy practices or anything else about them, and you visit them at your own risk.

To the maximum extent the law allows, including the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), the Website is provided as it is and as available. We do not warrant that it will be uninterrupted, free of error, or free of viruses and other harmful components, and we make no representation about the accuracy, reliability or completeness of its content.

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law or any other law, where that guarantee, right or remedy cannot be excluded, restricted or modified by agreement.

To the maximum extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profit, revenue, data or business opportunity, arising from your use of the Website.

Where our liability cannot be excluded, our total liability for all claims connected with these terms or the Website is capped at whichever is greater of the amount you paid us in the 12 months before the claim, or AUD $100.

You indemnify NextPoint IT and its directors, officers, employees and agents against any claim, liability, damage, loss or expense, including reasonable legal costs, arising from your use of the Website, your breach of these terms, or your infringement of anyone else's rights.

We may suspend or terminate your access to the Website at any time, with or without cause and with or without notice. Your right to use it ends immediately on termination.

Clauses that by their nature should outlast termination do so, including those covering intellectual property, disclaimers, limitation of liability and indemnity.

These terms are governed by the laws in force in the Australian state or territory where NextPoint IT Pty Ltd has its registered office. You submit to the non-exclusive jurisdiction of the courts of that state or territory, and of the Federal Court of Australia, for any proceeding connected with these terms.

We may change these terms. A change takes effect when we publish it here with a new effective date, shown at the top of this page. Continuing to use the Website after that means you accept the revised terms.

If a court finds any provision of these terms invalid or unenforceable, that provision applies to the greatest extent it can, and the rest of the terms continue in full force.

These terms, our Privacy Policy and any applicable service agreement are the entire agreement between you and NextPoint IT about your use of the Website.

Questions about these terms go to NextPoint IT Pty Ltd at sales@nextpointit.com.au.