Effective date: 1 August 2026
Business name: NEXS Creative
Location: Brisbane, Queensland, Australia
Contact: enquiries@nexscreative.com
By purchasing any service from NEXS Creative (“we”, “us”, “the Agency”), you (“the Client”) agree to the following Terms & Conditions. These terms are governed by the laws of Queensland, Australia.
1. Scope of Services
Website Build
Each website is custom-designed based on the details provided by the Client at the time of sign-up. The scope includes:
- Custom website design and development on a modern framework
- The number of pages included as per the selected plan (see Section 3)
- Copywriting assistance for all pages (content created by the Agency)
- Mobile-responsive, fast-loading design optimised for conversions
- AI front desk / chatbot trained on your business (where included in plan)
- SSL certificate, hosting, daily backups, and uptime monitoring
- SEO setup report provided upon completion of the website
Ownership
You own your domain name, your content, and your customer data at all times — always exportable on request. The website design, code, AI configuration, and automation systems are licensed to you as part of your active subscription. If you wish to take full ownership of the website build, a one-off buy-out fee applies, quoted on request.
2. Timeline
- The initial website draft will be delivered within 10–15 business days of receiving all required materials from the Client.
- Revisions will be delivered within 10–15 business days after receiving feedback from the Client.
- Delays in providing content, feedback, or approvals may extend these timelines.
- We will communicate proactively if timelines need to shift for any reason.
3. Monthly Plans
All prices are in Australian Dollars (AUD) and exclude GST unless stated otherwise.
Starter Plan — $129/month
Best for simple websites or new businesses getting started online.
- Up to 3 website pages
- 24/7 AI front desk chatbot trained on your business
- Hosting, SSL certificate, and daily backups
- Uptime monitoring and security updates
- Image and speed optimisation
- Small content changes included each month
- No lock-in contract
Growth Plan — $199/month
Best for growing businesses that need more visibility and lead capture.
- Everything in Starter, plus:
- Up to 6 website pages
- Missed-call text-back service
- Automated Google review requests
- Local SEO setup and optimisation
- Free staging site for testing changes
- Monthly maintenance and performance reporting
Pro Plan — $349/month
Best for established businesses seeking maximum online performance.
- Everything in Growth, plus:
- Up to 10 website pages
- Full SEO and AI search visibility (AEO)
- Logo design included
- Monthly strategy call with your specialist
- Priority support and faster turnaround
E-commerce Plan — $499/month
Best for businesses selling products online via Shopify.
- Everything in Pro, plus:
- Full Shopify store setup with payments
- Up to 25 products loaded and optimised
- AI shopping assistant
- Cart abandonment recovery
- Product SEO
- Priority support
Add-Ons (Available on Any Plan)
- Meta ads management — from $299/month plus your ad spend
- AI search optimisation (ongoing SEO & AEO) — from $199/month
- Advanced AI chatbot — from $99/month
- Extra pages — $99 each (one-off)
- Extra products (e-commerce) — $99 per 25 products
- Logo design — from $149 (free on Pro & E-commerce plans)
Setup Fee
A one-time setup fee of $299 applies to all plans. This fee is currently waived at our launch rate for early clients. Once the launch rate ends, the setup fee will apply to new sign-ups.
Other Terms (All Plans)
- Hosting support is provided during business hours (AEST): Mon–Fri 8:30am–8pm, Sat 8:30am–5pm.
- Issues caused by the Agency will be resolved within 48 hours of notification.
- The Agency is not responsible for issues caused by changes made to the website by the Client or a third party.
- The Agency may charge for fixing issues caused by client modifications.
- Services may be updated or changed at any time based on evolving business needs, with reasonable notice provided to the Client.
4. Cancellation Policy
- All plans can be cancelled with 30 days’ written notice.
- There are no fixed-term contracts and no exit fees.
- Monthly payments recur on the same date or closest available date, depending on bank processing.
- Upon cancellation, you retain your domain name and all customer/lead data, exported in a standard format at no charge.
- The website will be taken offline at the end of the final billing period unless a buy-out arrangement is agreed.
- All prices exclude GST unless stated otherwise.
5. Support and Maintenance
- Hosting and technical support is available during business hours (AEST).
- Monthly maintenance, reporting, and staging sites are available on Growth, Pro, and E-commerce plans.
- Any website downtime or technical issues due to Agency error will be resolved promptly at no additional cost.
- Fixes for client-caused issues may incur additional fees, quoted before work begins.
- We provide ongoing security updates, plugin/framework updates, and performance monitoring on all plans.
6. AI Services
Where your plan includes an AI front desk, chatbot, or automation:
- The AI is trained specifically on your business information, services, pricing, and FAQs as provided by you.
- You approve all AI training content before the chatbot goes live.
- We are not liable for incorrect responses given by the AI based on outdated or inaccurate information provided by the Client.
- Customer interactions with the AI chatbot may be logged to improve performance and provide lead data to you.
- AI services rely on third-party AI providers. While we ensure reliability, occasional service interruptions from these providers are outside our control.
- Missed-call text-back and Google review automation services are subject to the terms of the underlying telecommunications and platform providers.
7. Payment Terms
- The Client agrees to pay all fees as outlined in the selected plan.
- Payments are due monthly in advance and must be made via the agreed payment method (credit card or direct debit).
- Failed payments will be retried. If payment fails for more than 14 days, the Agency reserves the right to suspend services until the balance is resolved.
- Plan upgrades or downgrades take effect from the next billing cycle. Upgrade price differences may be charged pro-rata at our discretion.
8. Client Obligations
- The Client must provide all requested materials, approvals, and feedback in a timely manner. Delays may impact delivery timelines.
- The Client confirms that any content provided (text, images, logos) does not infringe third-party intellectual property rights.
- The Client is responsible for the accuracy of business information provided for the AI chatbot and website content.
9. Limitation of Liability
Website Functionality and Performance
While all efforts will be made to deliver a fully functional website, the Agency is not liable for:
- Business losses from website errors, downtime, or AI chatbot responses
- Security breaches from third-party attacks beyond our reasonable control
- SEO or search ranking changes beyond our control (including algorithm updates by Google, AI search engines, or other platforms)
- Results or leads from Meta ads or other paid advertising campaigns, which are influenced by market conditions, budgets, and platform algorithms
Content Liability
The Client is responsible for all published content. The Agency is not liable for:
- Legal consequences of client-provided content
- Infringement of copyright, trademarks, or compliance issues arising from content supplied by the Client
Indemnification
The Client agrees to indemnify the Agency against any legal claims or costs arising from the Client’s use of the website, content provided by the Client, or the Client’s business activities.
Third-Party Tools and Services
The Agency is not liable for third-party tools, platforms, services, or APIs used in the website, including but not limited to Shopify, Google, Meta, AI language model providers, payment gateways, and review platforms.
Force Majeure
The Agency is not liable for service delays due to uncontrollable events including natural disasters, technical outages, pandemics, internet disruptions, or third-party service failures.
10. Termination
Either party may terminate the agreement with 30 days’ written notice. Upon termination, hosting and AI services will end at the conclusion of the final paid billing period. The Client’s domain and data will be released as outlined in Section 4.
11. Governing Law
This agreement is governed by the laws of Queensland, Australia. Disputes will be resolved accordingly, with both parties agreeing to attempt informal resolution before pursuing legal action.
12. Confidentiality
Both parties agree to keep any sensitive or proprietary information confidential. This includes business strategies, customer data, pricing arrangements, AI training data, and any other information not intended for public disclosure.
13. Amendments
These Terms & Conditions may be updated from time to time. Material changes will be communicated to active clients via email with at least 14 days’ notice. Continued use of our services after changes take effect constitutes acceptance of the updated terms.
Contact Information
The Agency: NEXS Creative
Email: enquiries@nexscreative.com
Location: Brisbane, Queensland, Australia
Agreement
By proceeding with payment or using our services, the Client confirms they have read, understood, and accepted these Terms & Conditions.