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Terms of Service

Last reviewed: 11 May 2026  ·  Effective: 11 May 2026

These Terms of Service ("Terms") govern your use of NextWave's website at nextwave.au and the services we provide. By engaging our services or using our website, you agree to these Terms.

NextWave operates in Australia. These Terms are governed by the laws of Victoria, Australia.

1. Services

NextWave provides AI automation, digital transformation, and technology consulting services to businesses. The specific scope, deliverables, timeline, and fees for each engagement are agreed in a separate written Statement of Work (SOW) or proposal accepted by both parties.

Free tools available on this website (chatbot, text generator, invoice generator, etc.) are provided for evaluation purposes and carry no warranty or SLA.

2. Engagement and payment

  • Services commence upon written acceptance of a proposal or SOW and receipt of any applicable deposit
  • Retainer services are billed monthly in advance via Stripe. Subscriptions auto-renew until cancelled
  • One-time fees (Smart Business Audit, setup costs) are due as specified in the SOW
  • All prices are in Australian Dollars (AUD) and include GST where applicable
  • Invoices unpaid after 14 days attract a late payment fee of 1.5% per month

3. Cancellation and refunds

  • Retainer packages — cancel with 30 days written notice. No refund of the current month's retainer
  • Smart Business Audit — reschedulable with 24 hours notice. Refundable if cancelled more than 48 hours before the scheduled session
  • Project work — if you cancel a project in progress, you are liable for work completed to the date of cancellation
  • We reserve the right to terminate an engagement for non-payment or material breach of these Terms, with 7 days written notice

4. Intellectual property

On full payment of all fees, NextWave assigns to you all intellectual property rights in custom deliverables created specifically for you under an SOW. This excludes:

  • Pre-existing tools, libraries, or frameworks used in the build (these are licensed, not assigned)
  • NextWave's internal methodologies and know-how
  • Third-party components subject to their own licences

You grant NextWave permission to reference your engagement (business type, outcomes achieved) as a case study or portfolio reference, unless you notify us otherwise in writing.

5. Confidentiality

Both parties agree to keep confidential any non-public business information disclosed during the engagement. This obligation survives termination for 3 years. It does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

6. Warranties and disclaimers

NextWave warrants that services will be delivered with reasonable care and skill.

We do not warrant that AI-generated content is accurate, complete, or free from bias. You are responsible for reviewing all AI-generated output before use. AI tools on this website are provided “as is” without warranty of any kind.

Certain consumer guarantees under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)) cannot be excluded. Nothing in these Terms limits your rights under the ACL.

7. Limitation of liability

To the maximum extent permitted by law, NextWave's total liability to you for any claim arising out of or in connection with these Terms or our services is limited to the fees paid by you in the 3 months preceding the event giving rise to the claim.

We are not liable for indirect, consequential, or special losses, including loss of profit, revenue, or data.

8. Acceptable use of website tools

You must not use our website or tools to:

  • Generate content that is unlawful, defamatory, or infringes third-party rights
  • Attempt to extract, reverse-engineer, or abuse our AI infrastructure
  • Submit false or misleading information
  • Conduct automated scraping or bulk API calls beyond normal use

We may suspend or terminate access without notice for breach of this section.

9. Governing law

These Terms are governed by the laws of Victoria, Australia. Any dispute not resolved by good-faith negotiation within 30 days will be referred to mediation in Melbourne before either party commences litigation.

10. Changes to these Terms

We may update these Terms with reasonable notice. For active engagements, material changes require your written agreement. Continued use of our website after an update constitutes acceptance of the revised Terms.

11. Contact

Legal enquiries: ns@nextwave.au
NextWave  ·  Melbourne, Victoria, Australia