Terms of Use | Nick's Software | Software Development Terms

1. Amendment of Terms

Nick's Software ABN 45 725 609 313 reserves the right to change, modify, add, or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes.

We will endeavour to highlight any significant or substantive changes to you where possible. Your continued use of our website following any amendments indicates that you accept the amendments.

2. Acceptance of Terms

You must be over 18 years of age to use this website or purchase products and services from Nick's Software. By using this website, you agree to be bound by these terms and conditions, and you warrant that you have the legal capacity to enter into this agreement.

3. Limitation of Liability

To the extent permitted by law, Nick's Software will not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of, or inability to use, our website or services.

This limitation applies to damages arising from:

Use or misuse of our website or services
Reliance on information provided on our website
Interruptions, delays, or errors in the operation of our website
Loss of data or business interruption

4. Australian Consumer Law

Your Consumer Rights: Nothing in these terms is intended to limit or exclude any consumer guarantees under the Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law). Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law.

For major failures with services, you are entitled to cancel your service contract and obtain a refund for the unused portion. You are also entitled to choose a refund or replacement for major failures with goods. If a failure does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time.

5. Software Licensing

Custom software developed by Nick's Software remains the intellectual property of Nick's Software unless specifically assigned in writing through a separate agreement.

Clients receive a perpetual, non-exclusive license to use software developed for them
Source code ownership and access is subject to individual project agreements
Third-party components and libraries remain subject to their respective licenses
License terms may vary based on specific project requirements and will be outlined in your project agreement

6. Hosted Services

For software-as-a-service (SaaS) and hosted solutions:

We reserve the right to perform maintenance, updates, and security patches as necessary
We aim for high availability but cannot guarantee uninterrupted access
Data backup frequency and retention is specified in your service agreement
We will provide reasonable notice for scheduled maintenance where possible

7. Delivery of Physical Goods

Where physical goods are ordered (such as hardware components or installation media):

Delivery timeframes are estimates only and may be affected by factors outside our control
Risk of loss or damage passes to you upon delivery
Delivery charges will be clearly stated before purchase

8. Returns and Refunds

Subject to your rights under Australian Consumer Law:

Physical goods may be returned within 14 days of delivery in original condition
Custom software and services are non-refundable once work has commenced, except where required by law
Refunds for defective goods or services will be processed within 14 business days

9. Links to Other Websites

Our website may contain links to external websites. These links are provided for your convenience and do not signify our endorsement of those websites or their content. We are not responsible for the content, accuracy, or privacy practices of external websites.

10. Disclaimer

The information on this website is provided in good faith and for general information purposes only. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information.

11. Your Privacy

We are committed to protecting your privacy. Please refer to our Privacy Policy for information about how we collect, use, and disclose your personal information.

12. Third Parties

We may engage third-party service providers to assist in delivering our services (such as hosting providers, payment processors, and software libraries). These third parties are required to maintain confidentiality and are not permitted to use your information for purposes other than delivering the services we have engaged them for.

13. Disclosure of Information

We may disclose information where required by law, in response to legal process, or where we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

14. Exclusion of Competitors

Nick's Software reserves the right to exclude any person from any commercial interaction with us, including but not limited to, the purchase of products or services, if we reasonably believe they are a competitor or are gathering information for competitive purposes.

15. Copyright and Intellectual Property

All content on this website, including but not limited to text, graphics, logos, images, software, and the compilation thereof, is the property of Nick's Software or its content suppliers and is protected by Australian and international copyright laws.

Restrictions: You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from this website without prior written consent, except for personal, non-commercial use.

16. Whole Agreement

These terms, together with our Privacy Policy and any project-specific agreements, constitute the entire agreement between you and Nick's Software. No other terms, conditions, warranties, or representations shall apply unless expressly agreed in writing.

17. Severability

If any provision of these terms is found to be invalid, unenforceable, or illegal, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18. Jurisdiction

These terms are governed by the laws of the State of Victoria, Australia. Any disputes arising from or relating to these terms or your use of our website shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

19. Copyright Notice

Questions About Our Terms?

If you have any questions or concerns about these Terms of Use, please don't hesitate to contact us.