ABN: 29 607 492 601
Effective Date: 28/09/2025
Governing Law: New South Wales, Australia
Introduction :
Welcome to NKBTECH Australia (“we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your use of our website https://nkbtech.com.au and our services
1. AGREEMENT TO TERMS
1.1. Parties and Governance
These Terms and Conditions of Service (the “Terms”) constitute a legally binding agreement between NKBTECH Australia (the “Supplier,” “NKBTECH,” “We,” “Us,” or “Our”), a business operating in New South Wales, Australia, and the individual, business, or entity engaging Our services (the “Customer” or “You”).
1.2. Acceptance of Terms
By signing a Service Order Form, providing verbal instructions for work, paying any invoice, or clicking an “I Accept” button (where applicable), You agree to be bound by these Terms, which constitute a standard form contract. These Terms must be read in conjunction with any specific Service Order or Statement of Work (“SOW”) provided by Us, which details the services, pricing, and specific timelines.
1.3. Governing Law and Jurisdiction
This Agreement is governed exclusively by the laws of New South Wales and the Commonwealth of Australia. The parties irrevocably submit to the exclusive jurisdiction of the Courts of New South Wales for the resolution of any disputes arising from this Agreement.
2. CUSTOMER OBLIGATIONS AND DATA RESPONSIBILITY
2.1. Provision of Access and Information
The Customer must provide NKBTECH, its personnel, and its remote systems with necessary, timely access to premises, servers, business-critical systems, hardware, and relevant staff as reasonably required to perform the services. NKBTECH is not responsible for any delays or additional costs incurred due to the Customer’s failure to provide adequate access or cooperation.
2.2. Critical Data Backup and Security Mandate
The Customer expressly acknowledges and agrees that the sole and ongoing responsibility for the security, protection, and backup of all Customer Data (including files, programs, documentation, and information of any kind) rests exclusively with the Customer.
The Customer must maintain independent, regular, and verified backups of all critical data before NKBTECH commences any work. NKBTECH shall not be liable for any loss, damage, or corruption of Customer Data that may occur during the performance of the services, nor shall NKBTECH be responsible for the reconstruction or restoration of such lost data.
3. SERVICE DELIVERY AND THIRD-PARTY PRODUCTS
3.1. Scope of Services
NKBTECH will perform computer and IT support services as mutually agreed upon and detailed in the relevant Service Order or SOW. Any requested changes to the scope of work must be agreed upon in writing by both parties, constituting a contract variation.
3.2. Third-Party Disclaimers
NKBTECH may rely on third-party hardware, software, cloud services, and licenses supplied by manufacturers or external vendors. NKBTECH provides no warranties, express or implied, regarding the performance, quality, or fitness for purpose of any such third-party products, which remain subject to the vendor’s own warranties and terms.
3.3. Fees and Payment
The Customer agrees to pay the fees detailed in the SOW, which may include hourly rates, fixed project fees, and any agreed-upon penalties for late payments. Payment terms will be specified in the invoice.
4. AUSTRALIAN CONSUMER LAW (ACL) COMPLIANCE
4.1. Non-Exclusion of Guarantees (For Consumers and Small Businesses)
The provisions of the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (ACL), imply certain guarantees into contracts for the supply of services to consumers and small businesses (where the cost is under $100,000 or the service is ordinarily acquired for personal/household use).
Mandatory Statement: Nothing in these Terms limits, restricts, excludes, or modifies any consumer guarantee or right implied by law that cannot be lawfully excluded, restricted, or modified.
4.2. Consumer Guarantees for Services
For services covered by the ACL, NKBTECH guarantees that the services will be: (a) Provided with acceptable care and skill;
(b) Reasonably fit for any specified purpose made known to NKBTECH; and
(c) Supplied within a reasonable time if no specific time is agreed upon.
4.3. Remedies
If NKBTECH fails to comply with a consumer guarantee, the Customer’s right to a remedy is determined by the ACL. If the failure is a major failure (as defined in the ACL), the Customer is entitled to a refund or replacement service and compensation for any reasonably foreseeable loss. If the failure is minor, NKBTECH may choose to remedy the failure, resupply the service, or provide a refund.
5. LIMITATION OF LIABILITY AND INDEMNITY
5.1. Limitation of Liability
Subject to Clause 4 (ACL Compliance), and to the maximum extent permitted by NSW and Commonwealth law, NKBTECH’s total aggregate liability arising out of or in connection with this Agreement (including negligence, contract breach, or statutory liability) is limited to the total amount of fees paid by the Customer to NKBTECH in the twelve (12) months preceding the date the claim arose.
5.2. Exclusion of Specified Losses
Notwithstanding any other provision in this Agreement, and subject to the Customer’s rights under the ACL for major failures, NKBTECH is not liable for, and the Customer releases NKBTECH from, liability for the following types of loss, even if foreseeable or if NKBTECH was advised of the possibility of such loss: (a) Loss or corruption of Customer Data or software (as covered in Clause 2.2);
(b) Loss of profits, revenue, or anticipated savings;
(c) Loss of business opportunity or damage to goodwill; and (d) Indirect, special, or consequential loss (as defined under common law).
5.3. Indemnities
(a) NKBTECH IP Indemnity: NKBTECH will defend and indemnify the Customer against third-party claims alleging that the services or software provided by NKBTECH infringe that third party’s Intellectual Property rights.
(b) Customer Indemnity: The Customer must indemnify NKBTECH against all loss, damage, costs, and expenses arising from: (i) The Customer’s breach of these Terms, including but not limited to the failure to secure or back up data; or (ii) Any third-party claim arising from data, content, or hardware provided by the Customer to NKBTECH.
6. INTELLECTUAL PROPERTY (IP) AND CONFIDENTIALITY
6.1. IP Ownership
(a) NKBTECH Background IP: NKBTECH retains ownership of all intellectual property, methodology, software, general know-how, and tools of trade used to perform the services.
(b) Project IP: IP created specifically and solely for the Customer under a paid SOW (“Project IP”) will be assigned to the Customer upon receipt of all associated payments.
(c) Licencing: If the use of NKBTECH Background IP is necessary for the Customer to operate the Project IP, NKBTECH grants the Customer a non-exclusive, perpetual, royalty-free license to use that specific Background IP solely for the purpose of operating the Project IP.
6.2. Confidentiality
Both parties must keep confidential all proprietary and business information disclosed by the other party during the term of this Agreement and for a period of two (2) years following its termination.
7. PRIVACY AND DATA PROTECTION
7.1. Australian Privacy Principles (APPs)
NKBTECH is committed to complying with the 13 Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth). NKBTECH will handle all personal information in accordance with the APPs, including obligations related to collection, storage, security, integrity, and correction of data.
7.2. Data Security and Breach
NKBTECH will maintain reasonable security measures to protect stored personal information from misuse, loss, unauthorised access, and disclosure. In the event of a suspected or actual data breach, the Customer must fully cooperate with NKBTECH in the assessment and management of the incident, including adherence to the mandatory Notifiable Data Breach (NDB) scheme under the
Privacy Act 1988 (Cth).
7.3. Overseas Data Transfer
If NKBTECH transfers personal information to a cloud provider or subcontractor outside Australia, NKBTECH will take reasonable steps to ensure the overseas recipient complies with the APPs (APP 8). The Customer acknowledges that, unless agreed otherwise in writing, NKBTECH may remain liable for any breach of the APPs by the overseas recipient.
8. TERM, TERMINATION, AND DISPUTE RESOLUTION
8.1. Term and Termination
(a) Term: This Agreement commences on the date of acceptance and continues until terminated in accordance with this Clause 8.
(b) Termination for Cause: Either party may terminate this Agreement immediately if the other party commits a material breach (including non-payment) and fails to remedy that breach within thirty (30) days of receiving written notice. (c) Termination for Convenience: NKBTECH may terminate this Agreement for convenience at any time by providing the Customer with sixty (60) days written notice. Where termination for convenience occurs, NKBTECH will compensate the Customer for any pre-paid services not yet rendered.
8.2. Stepped Dispute Resolution
The parties agree to follow a mandatory stepped dispute resolution process prior to commencing any formal litigation:
(a) Negotiation: The parties will first attempt to resolve the dispute through good faith negotiation between senior representatives. (b) Mandatory Mediation: If the dispute is not resolved within fourteen (14) days, the parties must submit the dispute to mediation in New South Wales. Mediation is a mandatory precondition to litigation, and the parties shall agree on a mutually acceptable mediator.
(c) Litigation: If mediation fails to resolve the dispute, either party may commence formal proceedings in the appropriate courts of New South Wales.
If you have any questions about these Terms, please contact us at: info@nkbtech.com.au or +61-0448914286