Terms of service

1. Who we are

These terms govern the supply of software, development services and hosting by NextDataLinq ("we", "us", "our"), a software business based in Perth, Western Australia, Australia, to you, our customer ("you"). By accepting a quote, subscribing to a plan or using a system we host for you, you agree to these terms.

Our contact address for all notices under these terms is tashilhamoln@gmail.com.

2. Services we provide

We supply some or all of the following, as set out in your quote or plan:

• Ordering platform subscriptions — access to our QR ordering and digital menu software, hosted by us, on a monthly plan.
• Custom development — web or mobile applications built to an agreed written scope.
• Mobile app publishing — building and submitting applications to the Apple App Store and Google Play.
• IT management and cloud services — looking after computers, networks, backups, business email, domains and cloud services, as set out in your quote.
• Hosting, maintenance and support — running, patching, backing up and supporting the systems we build.

All services are delivered electronically. We do not ship physical goods.

3. Quotes and acceptance

Project work begins only after we issue a written quote and you accept it. The quote states the scope, price in Australian dollars, and the delivery schedule. Anything not listed in the quote is not included, and will be quoted separately if you want it.

Quotes are valid for 30 days from issue unless stated otherwise. Our rates may change at any time, but a quote you have accepted will not change for the work it covers.

4. Fees, billing and taxes

• All prices and charges are in Australian dollars (AUD).
• Monthly plans are billed in advance, on the same day each month, to the card you provide. They renew automatically until you cancel.
• Project work is billed as set out in your quote — typically a deposit on acceptance and the balance on delivery.
• Hourly work is billed in 30-minute blocks at the rate stated in your quote.
• Card payments are processed by Stripe. We do not receive or store your full card details. Charges appear on your statement as NEXTDATALINQ.
• Third-party costs that are yours to pay — for example Apple Developer Program and Google Play developer fees, domain registration, or a payment processor's own transaction fees — are separate from our fees and are identified in your quote.
• Where any tax such as GST applies to your invoice, it is shown on the invoice.

5. Term, cancellation and suspension

Monthly plans have no minimum term and no lock-in contract. You may cancel at any time by emailing us; cancellation takes effect at the end of the billing period you have already paid for, and your system stays available until then. Refund entitlements are set out in our refund and cancellation policy.

We may suspend a service if an invoice is more than 14 days overdue, or immediately if a service is being used in breach of section 7. We will email you before suspending for non-payment. Either party may terminate for material breach that is not remedied within 14 days of written notice.

On termination we will, on request made within 30 days, provide you with an export of your data in a common format at no charge.

6. Your responsibilities

• Keep staff logins confidential, and tell us promptly if you believe an account has been compromised.
• Make sure the content you put into the system — menu items, prices, photos, descriptions, business details — is accurate and lawful, and that you have the right to use it.
• Provide the content, information, approvals and access we need to do the work. Delays in providing these move the delivery dates accordingly.
• Comply with the laws that apply to your own business, including food, allergen labelling, consumer and privacy law.

7. Acceptable use

You must not use our services to break the law, to send unsolicited bulk email, to store or distribute malicious code, to infringe someone else's intellectual property, to sell goods or services you are not lawfully permitted to sell, or to attempt to gain unauthorised access to our systems or anyone else's. You must not resell or sublicense access to our platform without our written agreement.

8. Your data

Your business data — your menu, your orders, your customers' details, your reports — remains yours. We process it only to provide and support the services, and as described in our privacy policy. We take nightly backups of hosted systems and we can restore from them, but you should keep your own copies of anything critical to your business.

9. Intellectual property

We retain ownership of our platform, our underlying source code, our tools, libraries and templates, and anything we developed before or outside your project. Your subscription grants you a non-exclusive, non-transferable licence to use that platform for your own business for as long as your plan is active.

For custom development, you own your content, your data and your branding. Ownership or a perpetual licence for custom-built code is available where your quote says so; where the quote is silent, you receive a perpetual licence to use the delivered application for your own business, and we retain ownership of the code.

We may name you and show non-confidential screenshots of the work in our portfolio. Tell us in writing if you would rather we did not, and we will remove it.

10. Third-party services

Our services rely on third parties, including Stripe (payments), our hosting provider, certificate authorities, email delivery providers, and Apple and Google (app distribution). Their own terms apply to their services, and we are not responsible for their acts, omissions, outages or decisions — including app store review outcomes, which are entirely at Apple's and Google's discretion.

Where we enable card payments inside a system we build for you, the merchant account used to accept those payments is yours. Funds from your customers are settled to your own account by your payment processor. We are not a payment processor, we do not hold your customers' funds, and we are not a party to the sale between you and your customers.

11. Availability and support

We aim for continuous availability but do not guarantee uninterrupted service. Planned maintenance is scheduled outside normal trading hours wherever possible and notified in advance. Support is provided by email, Monday to Friday, 9:00am to 5:00pm AWST, with a target first response within one business day. Faults affecting a live ordering system are prioritised.

12. Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Competition and Consumer Act 2010 (Cth) or any other law that cannot lawfully be excluded. Our services come with guarantees that cannot be excluded under Australian Consumer Law, including that services will be provided with due care and skill. Where we are permitted to limit a remedy for a breach of a statutory guarantee, our liability is limited to supplying the services again or paying the cost of having them supplied again.

13. Liability

Subject to section 12, and to the extent permitted by law: neither party is liable for indirect or consequential loss, loss of profit, loss of revenue or loss of anticipated savings; and our total aggregate liability arising out of or in connection with the services is limited to the total fees you paid us in the 12 months before the event giving rise to the claim.

We are not liable for loss caused by your own content or configuration, by your failure to keep credentials secure, or by a third-party service outage outside our control.

14. Changes to these terms

We may update these terms from time to time. If a change materially reduces your rights, we will give you at least 30 days' notice by email before it applies to you, and you may cancel your plan before it takes effect. The "last updated" date at the top of this page always reflects the current version.

We may change subscription pricing with at least 30 days' written notice, effective from your next billing period.

15. Governing law

These terms are governed by the laws of Western Australia, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of Western Australia. Before starting proceedings, both parties agree to attempt in good faith to resolve the dispute by discussion, beginning with an email to the address below.

16. Contact

NextDataLinq
Perth, Western Australia, Australia
Email: tashilhamoln@gmail.com