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Last updated: 16/08/2026
Thank you for visiting our website. This platform allows you to explore and engage with the services provided by The Trustee for 747 Industries Trust, trading as Next Gen Digital Agency (ABN 48 953 531 965).
These Terms and Conditions (Terms) govern your access to and use of our website and services. They form a legally binding agreement between you (the Client) and us. We encourage you to read these Terms carefully. If you have any questions or need clarification, please contact us in writing at sa***@*******om.au before engaging our services.
Unless otherwise stated in a separate written agreement signed by both parties, these Terms, together with any relevant Proposal, represent the full agreement between you and Next Gen Digital Agency. They override any previous discussions, representations or understandings. By proceeding, you acknowledge that you have not relied on any information not expressly included in this agreement.
These Terms apply to any person or entity who engages NGITC to provide Services.
Acceptance occurs when the Client accepts a Proposal, pays a deposit or invoice, or instructs NGITC to commence work, whichever happens first. The Client is taken to have accepted these Terms as they appear on this page at the date of acceptance.
For ongoing monthly Services, payment of each monthly invoice constitutes acceptance of these Terms as they appear on that date.
1.1 Client(s)
The offeree and the entity entering into an agreement with NGITC. The Client(s) are those parties to whom NGITC provides the Services.
1.2 NGITC
Means The Trustee for 747 Industries Trust, trading as Next Gen Digital Agency (ABN 48 953 531 965), being the offeror and the entity entering into an agreement with the Client(s) for the provision of products and/or services. References in these Terms to NGITC, Next Gen IT Consulting or Next Gen Digital Agency are references to that entity.
1.3 Agreement
Means acceptance of this Terms and Conditions document, the Proposal or quote, and any other designated supplementary materials.
1.4 Deliverables
Means the services and work product specified in the Proposal to be delivered to the Client. The Proposal is generally in email form and is communicated to the Client(s).
1.5 Services
Means the services described in the Proposal, which may include website design and development, search engine optimisation, generative engine optimisation, local search and Google Business Profile management, content production, advertising management, hosting, maintenance, support, and any other service agreed between the parties. The Proposal will outline who is to provide the graphics, content and images.
1.6 Proposal
Means the written quote, proposal or scope of work provided by NGITC to the Client, whether by email, PDF or other written form.
NGITC retains intellectual property ownership rights of all work created unless otherwise stated formally in writing and signed by both parties. Following complete settlement of all accounts, the Client(s) will own a licence to the usage of any intellectual property created within the scope of their Proposal. The licence allows for the indefinite and complete usage of works.
This does not include any third party code, information or electronic files used that may already have copyright restrictions and that were not created by NGITC.
It is the Client’s responsibility to make sure that copyright is not being infringed at all times. NGITC accepts no responsibility for any wilfully misleading information or materials provided by the Client(s) which infringes any copyright law.
Some Deliverables may be produced with the assistance of artificial intelligence tools. The Client acknowledges that material generated in this way may not attract copyright protection under Australian law, and that NGITC cannot grant rights in material in which no rights subsist. The licence granted under this clause extends to all Deliverables provided to the Client, and NGITC will not assert any claim against the Client’s use of a Deliverable on the basis that copyright does not subsist in it. NGITC does not warrant that any Deliverable is capable of being registered, enforced or protected as intellectual property.
Any delays in the provision of materials by the Client will affect the date of completion. NGITC will not be held liable for such delays.
Where the Client has not supplied required materials, approvals or access within 30 days of request, NGITC may invoice for work completed to that date and place the remaining work on hold.
Website deposits are non-refundable. However, NGITC at its sole discretion may offer a partial refund or discount to the Client under certain circumstances from the total amount of the website build invoice.
This clause does not limit any right the Client has under clause 8.
The Client(s) acknowledges the right of NGITC to use examples of their commissioned work as promotional material, whether used in website, print or multimedia publication promotion. The Client may withdraw this permission by written notice at any time.
6.1 Major Changes
Once there has been an agreement, no further changes can be made until the project is completed. Once the project is completed, additional changes will be billed at the standard hourly rate, which will be confirmed to the Client(s) in writing or quote form. This will be supplied in PDF or email format.
6.2 Minor Changes
Changes that take less than an hour will be billed at the standard hourly rate.
6.3 Retainers
Retainers are prepaid hours. Unused hours do not stack. Resources are allocated regardless of whether these hours are used or not.
Subject to clause 8, NGITC will not be held responsible for any loss or damage sustained by the Client(s) as a result of the materials created or modified by NGITC.
To the maximum extent permitted by law, NGITC is not liable for any indirect, consequential, special or incidental loss, including loss of profits, loss of revenue, loss of business opportunity, loss of goodwill or loss of data.
The maximum liability of NGITC under any circumstances shall not exceed the amounts paid by the Client relating to the respective order.
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot be excluded, restricted or modified under the Australian Consumer Law or any other law.
To the extent permitted by law, NGITC’s liability for a failure to comply with a consumer guarantee is limited, at NGITC’s option, to resupplying the Services or paying the cost of having the Services resupplied.
Clauses 4 and 7 apply only to the extent permitted by law.
The Client(s) must pay for any service agreements within 14 days. An additional 7 days may be offered as a grace period at NGITC’s discretion.
Payments later than this point, without written notice from the Client(s) accepted by NGITC, will be subject to penalty interest rates laid out by the Magistrates Court of Victoria. Additional damages may be sought in some cases.
A website will be placed in maintenance mode until fully paid. Once the remaining balance is paid, maintenance mode will be removed and the website will be functional.
Work does not commence until the agreed first payment (deposit) has been paid in full. This payment will be invoiced and emailed to the Client. In some cases we will mail the invoice to the Client’s preferred postal address.
11.1 No minimum term
Unless a minimum term is expressly stated in the Proposal, ongoing Services such as search engine optimisation, generative engine optimisation, content, Google Business Profile management, advertising management, hosting and maintenance are provided on a month to month basis with no lock in contract.
11.2 Billing
Monthly Services are invoiced in advance. Work for a given month commences once that month’s invoice is paid.
11.3 Cancellation
Either party may cancel an ongoing Service by giving written notice before the next billing date. Cancellation takes effect at the end of the paid period. Part months are not refunded, and unused work within a paid month does not carry forward.
11.4 On cancellation
On cancellation, and once all accounts are settled, NGITC will provide the Client with reasonable assistance to transfer access to any accounts held in the Client’s name. NGITC is not obliged to provide working files, internal documentation, proprietary templates, scripts, dashboards or tooling, and is not obliged to provide ongoing support after the paid period ends.
11.5 Reinstatement
Where a Client cancels and later resumes an ongoing Service, NGITC may charge a new setup fee.
11.6 Third party costs
Advertising spend, hosting, licences, subscriptions and similar third party costs are separate from NGITC’s fees unless expressly stated otherwise in the Proposal.
This clause applies to fixed scope project work only. Ongoing monthly Services are governed by clause 11.
Upon written request from the Client(s) to cancel the project or terminate the agreement, the Net Present Value (NPV) of the project will be determined, which will take into account any work already performed. Website deposits are non-refundable.
13.1 Search engine rankings, traffic, impressions, enquiries, conversions and revenue are affected by factors outside NGITC’s control, including search engine algorithms, artificial intelligence search systems, competitor activity, seasonality, the Client’s own market, pricing and sales processes, and changes made to the Client’s website by others.
13.2 Unless expressly stated in writing in the Proposal, NGITC does not guarantee any particular ranking, position, traffic volume, lead volume, cost per lead or return on investment. Any figures, forecasts, examples or case studies provided are illustrative only and are not a warranty of future performance.
13.3 The Client acknowledges that results from search engine optimisation are typically realised over a period of months rather than weeks.
14.1 Disclosure
NGITC uses artificial intelligence and machine learning tools as part of its ordinary working methods. This may include, without limitation, research, keyword and competitor analysis, technical auditing, drafting and editing of written content, code generation, image generation, data analysis, reporting and internal workflow automation.
14.2 Human review
All Deliverables are reviewed by a person before they are provided to the Client. NGITC remains responsible for the Deliverables it provides, regardless of the tools used to produce them.
14.3 No representation of exclusively human authorship
Unless expressly agreed in writing, NGITC makes no representation that any Deliverable has been produced without the assistance of artificial intelligence tools. Where the Client requires a Deliverable to be produced without such assistance, the Client must request this in writing before work commences, and NGITC may charge a different rate.
14.4 Client data
In performing the Services, NGITC may process information supplied by, or held on behalf of, the Client using third party tools, some of which are operated outside Australia. This may include business information, website content, analytics data, search and performance data, customer enquiries and correspondence.
14.5 Training and retention
Where a third party tool used by NGITC offers a setting that excludes Client data from being used to train that provider’s models, NGITC will take reasonable steps to enable that setting. NGITC does not control the practices of third party providers and gives no warranty as to their systems, retention periods or security.
14.6 Sensitive and personal information
The Client must not provide NGITC with personal information, sensitive information, health information or participant records unless it is necessary for the Services and the Client has first told NGITC in writing. The Client warrants that it has all necessary rights, consents and authority to provide NGITC with any data it supplies, and that doing so does not breach any law or any agreement to which the Client is a party.
14.7 Client restrictions
The Client may notify NGITC in writing of categories of information that must not be processed using artificial intelligence tools, or of specific tools that must not be used. NGITC will comply with any reasonable restriction, and reserves the right to vary its fees or decline to provide affected Services where a restriction materially changes the cost or method of delivery.
14.8 Automated decisions
NGITC does not use artificial intelligence tools to make decisions about individuals on the Client’s behalf. Where the Client asks NGITC to build, configure or operate any system that scores, ranks, filters, screens or otherwise makes or substantially assists a decision affecting an individual, the Client is solely responsible for that system’s compliance with the Privacy Act 1988 (Cth), including the automated decision making transparency obligations commencing 10 December 2026, and for its own privacy policy disclosures.
14.9 Accuracy
Outputs of artificial intelligence tools can contain errors. The Client must satisfy itself that any Deliverable is accurate and fit for its purposes before publishing or relying on it, including any factual claims, figures, pricing, legal or regulatory statements, and claims about the Client’s own business.
15.1 Each party must keep confidential all non-public information of the other party obtained in connection with the Services, and must not disclose it except to its personnel and contractors who need it to perform the Services, or where required by law.
15.2 Clause 15.1 does not prevent NGITC from processing Client information through the third party tools and service providers it uses in the ordinary course of delivering the Services, as described in clauses 14 and 16.
15.3 This clause survives termination.
16.1 NGITC uses third party platforms and service providers to deliver the Services, including hosting, analytics, search engine tools, email and communication platforms, reporting tools and artificial intelligence tools. Some of these providers store or process data outside Australia.
16.2 NGITC is not liable for the acts, omissions, downtime, pricing changes, policy changes or discontinuation of any third party platform, including search engines, advertising platforms, hosting providers and content management systems.
16.3 Where a third party service is billed in the Client’s name, the Client is responsible for that cost.
NGITC handles personal information in accordance with its Privacy Policy, available at ngitc.com.au. The Privacy Policy forms part of these Terms.
Websites are optimised for current versions of major browsers on desktop and mobile. NGITC does not warrant identical rendering across all browsers, devices, screen sizes or operating system versions, or on legacy or unsupported browsers.
Unless otherwise stated, all amounts are exclusive of GST. Where GST applies, the Client must pay the GST amount in addition to the fee, on receipt of a valid tax invoice.
NGITC may update these Terms from time to time. The version published on this page at the date of acceptance applies to that engagement. For ongoing monthly Services, the version published at the date each monthly invoice is paid applies to that month.
These Terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria.
None.
Privacy Policy. Fulfillment Policy.
| Abbreviations | |
|---|---|
| NGITC | Next Gen IT Consulting (Next Gen Digital Agency) |
| NPV | Net Present Value |