Terms of Service

1. Services

Nexora Digital is a digital marketing and advertising agency serving Australian trades and construction businesses (the “Services”). Our Services include Google Ads management, Meta Ads management, digital marketing strategy, and lead generation services. These Terms govern your use of the Site.

The specific deliverables, timelines, and fees for any Services we provide to a client are defined in individual service agreements entered into between Nexora Digital and each client. In the event of any conflict between these Terms and a signed service agreement, the signed service agreement controls with respect to the Services it covers.

Nothing on the Site constitutes a promise of any particular business result. Search engine rankings, search visibility, and advertising performance are determined by third parties whose algorithms, policies, and products change without notice and are outside our control.

2. Site Content and Trademarks

The Site contains text, files, images, photos, video, sounds, works of authorship and other content (collectively, “Content”) of Nexora Digital or its licensors. The Site is protected by copyright, trademark, trade secret and other laws, and as between you and Nexora Digital, Nexora Digital owns and retains all rights in the Site and its Content. Nexora Digital grants you a limited, revocable, non-sublicensable license to access and display the Content solely for your personal, non-commercial use and solely as necessary to access and use the Site. Except as expressly permitted, you may not copy, reproduce, modify, create derivative works based upon, publish, distribute, display, sell or otherwise use or transfer any Content.

The trademarks, logos and service marks displayed on the Site are the property of Nexora Digital or other third parties. You are not permitted to use these marks without prior written consent.

3. SMS / Text Messaging Program Terms

Nexora Digital operates an SMS program that sends transactional and promotional text messages from 0401457626 to contacts who have opted in through our website forms, lead advertisements, or direct communications.

• Message types. Messages include appointment reminders, lead follow-up, missed-call text-back, account or service-related notifications, and promotional offers related to our services.
• Message frequency. Message frequency varies.
• Cost. Message and data rates may apply. Nexora Digital does not charge for the messages themselves.
• Opt-in. Reply STOP to unsubscribe at any time. You will receive a confirmation message and will not receive further marketing texts from us.
• Help. Reply HELP for assistance, or contact us at info@nexoradigital.com.au or 0401457626.
• Supported carriers. Carriers are not liable for delayed or undelivered messages.
• Consent. Consent to receive SMS messages is not a condition of purchase of any goods or services. Mobile information and SMS opt-in consent will not be shared or sold to any third parties or affiliates for marketing or promotional purposes.
• Privacy. Information collected through our SMS program is handled as described in our Privacy Policy at https://nexoradigital.com.au/privacy.

4. Third-Party Services

The Site may make available, or third parties may provide, links to other websites, applications, resources, advertisements, Content or other products or services created, hosted or made available by third parties (“Third-Party Services”). When you access or use a Third-Party Service, you are interacting with the applicable third party, not with Nexora Digital, and you do so at your own risk. Nexora Digital is not responsible for, and makes no warranties, express or implied, as to, the Third-Party Services or the providers of such Third-Party Services, including the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices of any third party. Inclusion of any Third-Party Service or a link to one on the Site does not imply approval or endorsement.

5. Privacy

Please review our Privacy Policy, available at https://nexoradigital.com.au/privacy, to learn about our information collection, usage and disclosure practices with respect to information collected through the Site.

6. User Responsibilities

You agree to provide accurate, current, and complete information when submitting forms or opting into communications. You are responsible for any activity that occurs through your contact details and for confirming that the phone number you provide belongs to you. You agree not to use the Site or our Services for any unlawful purpose or in a manner that could damage, disable, or impair the Site. If you become aware of any misuse of the Site, please report it to us at info@nexoradigital.com.au.

7. Disclaimers

THE SITE AND ALL CONTENT AND OTHER ITEMS MADE AVAILABLE BY NEXORA DIGITAL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEXORA DIGITAL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES OR INACCURACIES OF DATA OR INFORMATION POSTED ON THE SITE, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USE OF THE SITE, (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, OR (iv) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY NOT UNDER OUR CONTROL.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT SHALL NEXORA DIGITAL, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SITE OR THE SERVICES; AND (b) IN NO EVENT SHALL OUR CUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO NEXORA DIGITAL IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

9. Indemnity

You agree to defend, indemnify and hold harmless Nexora Digital, its affiliates and their respective employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses, including attorneys’ fees, arising out of or related to any claim, suit, action or proceeding by a third party arising out of or relating to your use of the Site, breach of these Terms, violation of law, or any Content that you post, upload or cause to interface with the Site.

10. Termination

If you violate these Terms, Nexora Digital may suspend or terminate your use of the Site. This right applies even if a breach is committed unintentionally or without your authorization, where we believe that suspension or termination is necessary to comply with applicable law or to protect the rights, safety, privacy, security or property of Nexora Digital, its customers or third parties. We reserve the right, but do not assume the obligation, to investigate any violation of these Terms or misuse of the Site.

11. Electronic Communications

When you visit the Site or send emails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by email, by SMS where you have opted in, or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

12. Modifications

Nexora Digital may modify these Terms at any time by posting a revised version on the Site and updating the effective date at the top of this page. By accessing the Site after changes are posted, you agree to the latest version of these Terms.

13. Governing Law

These Terms will be interpreted, construed and enforced in all respects in accordance with the laws of Victoria, Australia, without reference to its choice of law principles. Any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the state and federal courts located in Victoria, Australia, and the Parties expressly consent to personal jurisdiction and venue in those courts.

14. Miscellaneous

These Terms constitute the complete and exclusive statement of the agreement between the Parties with respect to the Site and supersede all prior proposals and communications relating to that subject matter. These Terms do not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Nexora Digital. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Our failure to enforce any provision of these Terms will not operate as a waiver of that provision. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms continues in full force and effect. Non-English translations of these Terms are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.

15. Contact

Please contact us with any questions regarding these Terms at: