Terms of Service

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", or "your") and Sky Nexus Digital Pty Ltd ("Sky Nexus", "Company", "we", "us", or "our") regarding your access to and use of the skynexus.digital website and all related services (collectively, the "Service").

These Terms apply to all visitors, users, and others who access or use the Service. We reserve the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting. Your continued use of the Service following any changes indicates your acceptance of the new Terms.

Sky Nexus provides digital marketing services including, but not limited to:

• Search Engine Optimization (SEO)
• Content Marketing and Strategy
• Web Development and Design
• Digital Public Relations (PR)
• Pay-Per-Click (PPC) Advertising Management
• Analytics and Reporting
• Digital Marketing Consultation

Service Scope

The specific scope of services will be defined in individual:

• Service Agreements: Detailed contracts outlining deliverables, timelines, and costs
• Statements of Work (SOW): Project-specific documentation
• Proposals: Custom solutions tailored to client needs

We reserve the right to modify, suspend, or discontinue any aspect of our Service at any time without prior notice, except as required by existing contractual obligations.

1. Account Registration

When you create an account with us, you must:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breaches

2. Acceptable Use

You agree to use our Service only for lawful purposes. You shall NOT:

• Violate any applicable laws, regulations, or third-party rights
• Transmit any harmful, offensive, or objectionable content
• Engage in any fraudulent, deceptive, or misleading practices
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the Service or servers
• Use automated systems (bots, scrapers) without permission
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Remove or modify any proprietary notices or labels

3. Client Cooperation

For us to effectively deliver our services, you agree to:

• Provide timely access to necessary information, materials, and systems
• Respond to requests for feedback and approval within agreed timeframes
• Designate appropriate personnel for communication and decision-making
• Ensure you have the rights to any content or materials you provide

4. Content Standards

Any content you provide must:

• Be accurate and not misleading
• Comply with all applicable laws and industry regulations
• Not infringe on intellectual property rights
• Not contain malicious code or harmful materials

1. Fees and Payment

• Service Fees: Fees for services are as specified in your service agreement or proposal
• Payment Terms: Unless otherwise specified, invoices are due within 14 days of the invoice date
• Payment Methods: We accept bank transfer, credit card, and other approved payment methods
• Currency: All fees are quoted in Australian Dollars (AUD) unless otherwise stated

2. Late Payments

If payment is not received by the due date:

• Interest may be charged at a rate of 2% per month on overdue amounts
• We may suspend services until payment is received
• We may engage collection agencies or pursue legal action
• You will be responsible for all collection costs and legal fees

3. Refund Policy

• Setup Fees: Non-refundable once work has commenced
• Monthly Services: Refunds are prorated based on services rendered
• Project-Based Work: Refunds determined based on completion milestones
• Cancellation: Must be provided in writing according to contract terms

4. Price Changes

We reserve the right to modify our pricing. Existing clients will be notified at least 30 days in advance of any price changes. Continued use of services after notification constitutes acceptance of the new pricing.

5. Taxes

All fees are exclusive of taxes. You are responsible for all applicable taxes, including GST, VAT, sales tax, or other governmental charges.

1. Our Intellectual Property

The Service and its original content, features, and functionality are owned by Sky Nexus and are protected by:

• Copyright laws
• Trademark laws
• Patent laws
• Trade secret laws
• Other intellectual property rights

2. Client Content

• You retain ownership of any content, materials, or data you provide to us ("Client Content")
• You grant us a limited, non-exclusive license to use Client Content solely for providing services
• You represent that you have all necessary rights to the Client Content you provide
• You agree to indemnify us against any claims related to Client Content

3. Work Product

Deliverables created as part of our services ("Work Product") are subject to:

• Upon Full Payment: You receive ownership rights to custom Work Product
• Templates and Tools: We retain rights to any pre-existing materials, templates, or proprietary methodologies
• Portfolio Rights: We retain the right to use Work Product in our portfolio and marketing materials
• Third-Party Materials: Any third-party content is subject to its respective licenses

4. Trademarks

Sky Nexus, our logo, and related marks are trademarks of Sky Nexus Digital Pty Ltd. You may not use these marks without our prior written consent.

1. Service Disclaimer

2. No Guarantees

We do not guarantee:

• Specific results, rankings, or traffic increases from SEO or marketing services
• Uninterrupted or error-free access to the Service
• That defects will be corrected
• That the Service is free from viruses or harmful components
• The accuracy, reliability, or completeness of any content or information

3. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKY NEXUS SHALL NOT BE LIABLE FOR:

• Indirect Damages: Loss of profits, revenue, data, goodwill, or other intangible losses
• Consequential Damages: Any damages resulting from your use or inability to use the Service
• Third-Party Actions: Actions or content of third parties, including search engines or social media platforms
• Maximum Liability: Our total liability shall not exceed the fees paid by you in the 12 months preceding the claim

4. SEO and Algorithm Changes

Search engine algorithms and ranking factors change frequently. We are not responsible for:

• Changes in search engine algorithms that affect your rankings
• Actions taken by search engines against your website
• Competitor actions or market changes
• Time required to see results (typically 3-6 months or more)

5. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, or internet service failures.

You agree to indemnify, defend, and hold harmless Sky Nexus, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any content or materials you provide
• Your breach of any representations or warranties
• Any negligent or wrongful conduct by you or your agents

1. Termination by You

You may terminate your use of the Service at any time by:

• Providing written notice according to your service agreement
• Closing your account (if applicable)
• Discontinuing use of the Service

2. Termination by Us

We may terminate or suspend your access immediately, without prior notice, for:

• Breach of these Terms
• Non-payment of fees
• Fraudulent, illegal, or harmful conduct
• At our sole discretion for any other reason

3. Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• You remain liable for all outstanding fees
• We may delete your account and data (subject to legal retention requirements)
• Provisions that by their nature should survive termination will continue to apply

4. Survival

The following sections survive termination:

• Payment obligations
• Intellectual property rights
• Limitation of liability
• Indemnification
• Dispute resolution

1. Informal Resolution

Before pursuing formal dispute resolution, you agree to contact us first to attempt to resolve the issue informally. Please contact us at disputes@skynexus.digital.

2. Mediation

If informal resolution is unsuccessful, both parties agree to attempt mediation through a mutually agreed-upon mediator in Melbourne, Victoria.

3. Arbitration

If mediation fails, disputes shall be resolved through binding arbitration in accordance with the Resolution Institute Arbitration Rules, conducted in Melbourne, Victoria.

4. Governing Law

These Terms are governed by the laws of Victoria, Australia. You consent to the exclusive jurisdiction of the courts in Melbourne, Victoria for any disputes that cannot be resolved through arbitration.

5. Class Action Waiver

You agree that any proceedings will be conducted only on an individual basis and not as a class action or representative action.

1. Entire Agreement

These Terms, together with any service agreements and privacy policy, constitute the entire agreement between you and Sky Nexus regarding the Service.

2. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

3. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

4. Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights without restriction.

5. Notices

All notices to Sky Nexus must be sent to:

6. Third-Party Links

Our Service may contain links to third-party websites. We are not responsible for the content, privacy policies, or practices of any third-party sites.

7. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email or through the Service. Continued use after changes constitutes acceptance of the modified Terms.