Terms of Service

These Terms of Service ("Terms") constitute a binding agreement between you and Hyper Nest Pty Ltd ("Hyper Nest", "we", "us", or "our") regarding your access to our website and use of our services.

By accessing hypernest.com.au, submitting an enquiry, or engaging us for a project, you confirm that you have read, understood, and agree to these Terms. If you are entering into an agreement on behalf of a company, you represent that you have authority to bind that organisation.

Hyper Nest provides digital strategy, design, development, and marketing services including but not limited to website design, e-commerce builds, web applications, mobile apps, SEO, paid advertising management, branding, and ongoing support.

Specific deliverables, timelines, fees, and scope are defined in a separate proposal, statement of work, or service agreement. Where a signed project agreement conflicts with these Terms, the signed agreement prevails for that project.

To enable successful delivery, clients agree to:

• Provide timely feedback, content, assets, and approvals within agreed review windows.
• Ensure supplied materials do not infringe third-party intellectual property rights.
• Designate a primary point of contact with authority to make project decisions.
• Provide accurate business information required for strategy, compliance, or technical implementation.
• Maintain confidentiality of any credentials, staging links, or internal documentation we share.

Unless otherwise agreed in writing, upon full payment of applicable fees, clients receive ownership or a licence to use final deliverables created specifically for their project. Hyper Nest retains ownership of pre-existing tools, frameworks, methodologies, and general know-how used in delivery.

We may display completed work in our portfolio, case studies, and marketing materials unless a confidentiality arrangement states otherwise. Clients may request removal of portfolio usage in writing.

Third-party assets (fonts, stock imagery, plugins, licensed software) remain subject to their respective licence terms.

Fees are quoted in Australian Dollars (AUD) unless stated otherwise. Project fees are typically invoiced according to milestones defined in the proposal — commonly a deposit to commence work, progress payments at agreed stages, and a final payment before launch or handover.

Invoices are due within fourteen (14) days unless a different term is specified. Late payments may incur suspension of work and reasonable recovery costs where permitted by law.

Ongoing retainer or maintenance services are billed monthly in advance unless otherwise agreed.

Timelines provided are estimates based on scope, client responsiveness, and third-party dependencies. Delays caused by late feedback, scope changes, or unavailable content may extend delivery dates without penalty to Hyper Nest.

Each project includes a defined number of revision rounds as specified in the proposal. Additional revisions or scope changes may be quoted separately.

To the maximum extent permitted by Australian law, Hyper Nest is not liable for indirect, incidental, special, or consequential damages arising from use of our website or services, including loss of profits, data, or business opportunities.

Our total liability for any claim relating to a specific project is limited to the fees paid by the client for that project in the twelve (12) months preceding the claim, except where liability cannot be limited by law (including under the Australian Consumer Law).

We do not guarantee specific business outcomes such as search rankings, conversion rates, or revenue growth, though we apply industry best practices in our work.

Either party may terminate a project engagement in accordance with the signed agreement. If no separate agreement exists, either party may terminate on written notice if the other materially breaches these Terms and fails to remedy the breach within fourteen (14) days.

Upon termination, the client is responsible for fees owing for work completed to date and any non-cancellable third-party costs incurred on their behalf.

These Terms are governed by the laws of Australia. You agree to submit to the exclusive jurisdiction of the courts in the State of Victoria, Australia, for disputes arising from these Terms or use of our website, subject to any non-excludable rights you may have under applicable consumer protection legislation.

For questions about these Terms, please contact:

Hyper Nest Pty Ltd · Email: office@hypernest.com.au · 2 / 74 Katherine Ave, Amaroo, ACT 2914, Australia