Terms of Use

Last updated: 14 February 2025

1. Acceptance of terms

These Terms of Use ("Terms") govern your access to and use of the websites and platforms operated by NextPoint IT Pty Ltd (ABN 44 692 718 988) ("NextPoint IT", "we", "us", or "our"), located at nextpointit.com.au and identitylink.ai, including any associated client portals, tools, and services (collectively, the "Services").

NextPoint IT also operates platforms and services under the domain identitylink.ai. These Terms apply equally to all platforms and services across both domains.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Services.

2. Services overview

NextPoint IT provides IT consulting, web development, cloud infrastructure, cybersecurity, and related technology services. Our client portal allows registered users to submit support tickets, track projects, and manage their account.

Specific service engagements may be subject to separate agreements, statements of work, or service level agreements which will take precedence over these Terms to the extent of any inconsistency.

3. Account registration

To access certain features of our Services, you may need to create an account. When registering, you agree to:

  • Provide accurate, current, and complete information
  • Keep your login credentials secure and confidential
  • Notify us immediately of any unauthorised use of your account
  • Accept responsibility for all activity that occurs under your account

We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for an extended period.

4. Acceptable use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You must not:

  • Use the Services in any way that breaches any applicable Australian or international law or regulation
  • Attempt to gain unauthorised access to any part of the Services, other accounts, or systems connected to our Services
  • Introduce viruses, malware, or any other harmful code
  • Interfere with or disrupt the integrity or performance of the Services
  • Use the Services to transmit unsolicited commercial communications (spam)
  • Scrape, harvest, or collect information from our website using automated means without our written consent
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity

5. Intellectual property

All content on this website, including but not limited to text, graphics, logos, icons, images, software, and design elements, is the property of NextPoint IT or its licensors and is protected by Australian and international intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any content from our website without our prior written consent.

Where we develop custom software, websites, or other deliverables for you under a service agreement, ownership and licensing of those deliverables will be governed by the terms of that specific agreement.

6. Client portal and support tickets

Our client portal is provided to facilitate communication and service delivery between NextPoint IT and our clients. When using the portal, you agree to:

  • Submit accurate and complete information in support tickets and project requests
  • Not upload or share content that is defamatory, obscene, unlawful, or infringes third-party rights
  • Not share access credentials with unauthorised individuals

We reserve the right to remove content or restrict access to the portal at our discretion if these Terms are breached.

7. Third-party links and services

Our website may contain links to third-party websites or services that are not owned or controlled by NextPoint IT. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services. You access third-party sites at your own risk.

8. Disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)):

  • Our website and Services are provided on an "as is" and "as available" basis
  • We do not warrant that the Services will be uninterrupted, error-free, or free from viruses or other harmful components
  • We do not make any representations or warranties regarding the accuracy, reliability, or completeness of any content on our website

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement.

9. Limitation of liability

To the maximum extent permitted by law, NextPoint IT will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities arising from or related to your use of our Services.

Where our liability cannot be excluded under Australian law, our total liability to you for all claims arising from or related to these Terms or the Services is limited to the amount you have paid to us in the 12 months preceding the claim, or AUD $100, whichever is greater.

10. Indemnification

You agree to indemnify and hold harmless NextPoint IT, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your use of the Services, your breach of these Terms, or your violation of any rights of a third party.

11. Termination

We may terminate or suspend your access to our Services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Services will immediately cease.

All provisions of these Terms which by their nature should survive termination will survive, including intellectual property provisions, disclaimers, limitations of liability, and indemnification.

12. Governing law and jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria and any courts of appeal from them for the purpose of any proceedings arising out of or in connection with these Terms.

13. Changes to these terms

We reserve the right to modify these Terms at any time. Changes will be effective when posted on our website with an updated "Last updated" date. Your continued use of the Services after changes are posted constitutes your acceptance of the revised Terms.

We encourage you to review these Terms periodically to stay informed of any updates.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

15. Entire agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and NextPoint IT regarding the use of our Services.

16. Contact us

If you have any questions about these Terms, please contact us: