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Terms and Conditions

The terms governing use of our website and the provision of our consulting services.

Last updated: April 2026

Please read these Terms and Conditions carefully before using our website or engaging our services. By accessing this website or entering into a consulting engagement with us, you agree to be bound by these terms.

1. Introduction and Acceptance

These Terms and Conditions (“Terms”) govern your use of the website located at nxtinnings.com.au and the provision of consulting services by NXT Innings Consulting Pty Ltd (696 904 499 / 11 696 904 499) (“NXT Innings”, “we”, “us”, “our”).

By browsing this website, submitting an enquiry, or engaging our consulting services, you (“you”, “Client”) accept these Terms in full. If you do not agree with any part of these Terms, you must not use this website or engage our services.

These Terms are entered into electronically and are binding in accordance with the Electronic Transactions Act 1999 (Cth) and its NSW equivalent.

2. About NXT Innings Consulting

  • Company: NXT Innings Consulting Pty Ltd
  • ACN: 696 904 499
  • ABN: 11 696 904 499
  • Location: Blacktown, NSW, Australia
  • Email: heath@nxtinnings.com.au

3. Services

NXT Innings provides business consulting services including, but not limited to:

  • General business consulting (strategy, financial planning, risk management)
  • Strategy and operations advisory (process optimisation, organisational design)
  • Technology consulting (digital transformation, technology advisory, systems review)
  • MYOB and HubSpot integration and implementation

The specific scope, deliverables, timeline, and fees for each engagement are agreed in writing before work commences.

4. Engagement Terms

Each consulting engagement will be governed by a written engagement agreement or Statement of Work (“SOW”) agreed between the parties. These Terms apply alongside any SOW and, in the event of a conflict, the SOW will prevail over these Terms unless otherwise expressly stated.

Where no formal SOW exists, these Terms constitute the entire agreement between the parties in respect of that engagement.

No engagement commences until we have confirmed acceptance in writing (including by email). Website enquiries do not constitute an engagement agreement.

5. Fees and Payment

Fees for consulting services are as agreed in the relevant engagement agreement or SOW. Unless otherwise agreed in writing:

  • Invoices are payable within [14] days of the invoice date
  • Payment is accepted by electronic funds transfer (EFT) or as otherwise agreed
  • Late payment may attract interest at the rate of 10% per annum, calculated daily from the due date
  • You are responsible for any bank fees or charges associated with payment
  • GST (Goods and Services Tax) will be added to all fees where applicable

We reserve the right to suspend work on an engagement where invoices remain unpaid beyond the due date.

6. Intellectual Property

Background IP

Each party retains ownership of all intellectual property rights it owned prior to the commencement of an engagement (“Background IP”). Nothing in these Terms transfers any Background IP from one party to the other.

Deliverables

Intellectual property in work product and deliverables created specifically for you during an engagement vests in you upon receipt of full payment for that engagement. Until full payment is received, all such deliverables remain the property of NXT Innings.

General knowledge and methodologies

NXT Innings retains ownership of all general knowledge, methodologies, tools, frameworks, and know-how developed or used during engagements. We may describe the general nature of our work with you (without disclosing confidential information) for marketing and portfolio purposes.

7. Confidentiality

The parties acknowledge that in the course of an engagement, each may receive or have access to confidential information belonging to the other (“Confidential Information”). Confidential Information includes, but is not limited to, business strategies, financial data, client lists, systems information, pricing, processes, and any other information designated as confidential or that a reasonable person would understand to be confidential given the context.

Each party agrees to:

  • Keep the other party's Confidential Information strictly confidential
  • Use the Confidential Information only for the purposes of the engagement
  • Not disclose the Confidential Information to any third party without prior written consent, except as required by law
  • Take reasonable steps to protect the Confidential Information from unauthorised access or disclosure

These confidentiality obligations apply during the engagement and for a period of 3 years following its termination or completion, or indefinitely for trade secrets.

Exceptions

Confidentiality obligations do not apply to information that:

  • Is or becomes publicly known through no fault of the receiving party
  • Was already known to the receiving party before disclosure
  • Is independently developed by the receiving party without reference to the Confidential Information
  • Is required to be disclosed by law, court order, or regulatory requirement (with prompt prior written notice to the other party where legally permitted)

8. Limitation of Liability

To the maximum extent permitted by law:

  • Our total aggregate liability to you for any claim arising out of or in connection with an engagement (whether in contract, tort including negligence, statute, or otherwise) is limited to the total fees paid by you to us for the relevant engagement in the 12 months preceding the claim
  • We exclude all liability for indirect, consequential, special, or punitive loss or damage, including but not limited to loss of profit, loss of revenue, loss of data, or loss of business opportunity
  • We are not liable for any loss arising from your reliance on information provided on our website, which is general in nature and does not constitute professional advice for your specific circumstances

Australian Consumer Law (ACL) notice: Certain guarantees under the Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law) cannot be excluded or limited. Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the ACL that cannot lawfully be excluded or limited. Where we are liable for a failure to comply with a consumer guarantee in respect of services that are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, our liability is limited (at our option) to supplying the services again or paying the cost of having the services supplied again.

9. Warranties and Disclaimers

We warrant that we will provide consulting services with reasonable care and skill. However:

  • We do not guarantee specific business outcomes, financial results, or the achievement of any particular objective as a result of our services
  • Information and content on our website is provided for general informational purposes only and does not constitute professional advice (legal, financial, accounting, or otherwise) tailored to your specific circumstances
  • We do not warrant that our website will be uninterrupted, error-free, or free from viruses or other harmful components
  • Recommendations made during an engagement are based on information available at the time; we are not liable for changes in circumstances after the engagement concludes

10. Termination

Termination for convenience

Either party may terminate an engagement by providing [14] days’ written notice to the other party. You remain liable for all fees for work completed or costs reasonably incurred up to the date of termination.

Termination for cause

Either party may terminate an engagement immediately by written notice if the other party:

  • Commits a material breach of these Terms or the engagement agreement and fails to remedy that breach within 7 days of written notice requiring it to do so
  • Becomes insolvent, enters administration, receivership, or liquidation, or makes an arrangement with creditors

Effect of termination

On termination, clauses relating to payment, intellectual property, confidentiality, limitation of liability, and dispute resolution survive and remain in effect.

11. Dispute Resolution

In the event of a dispute arising out of or in connection with these Terms or any engagement:

  • The parties must first attempt to resolve the dispute through good faith negotiation within 14 days of one party notifying the other in writing of the dispute
  • If the dispute is not resolved through negotiation, either party may refer it to mediation administered by a mutually agreed mediator or, failing agreement, a mediator appointed by the Australian Disputes Centre
  • If mediation is unsuccessful, either party may pursue the dispute through the courts

Nothing in this clause prevents either party from seeking urgent injunctive or other interlocutory relief from a court.

12. Website Use

You agree to use our website only for lawful purposes and in a manner that does not infringe the rights of others or restrict their use of the website. You must not:

  • Attempt to gain unauthorised access to any part of the website or its systems
  • Transmit any harmful, offensive, or unlawful content
  • Use automated tools to scrape, copy, or extract website content without our prior written consent

Our website may contain links to third-party websites. Those sites are not under our control and we are not responsible for their content, accuracy, or privacy practices.

13. Governing Law and Jurisdiction

These Terms and all consulting engagements are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales and any appellate courts therefrom.

14. Changes to These Terms

We may update these Terms from time to time. The updated Terms will be posted on this page with a revised “Last updated” date. For ongoing engagements, material changes will be notified to you in writing. Your continued use of our website or services after changes are posted constitutes acceptance of the updated Terms.

15. Severability

If any provision of these Terms is found to be invalid, unenforceable, or illegal, that provision will be severed from the Terms and the remaining provisions will continue in full force and effect.

16. Contact Us

If you have any questions about these Terms, please contact us:

Legal disclaimer: These Terms and Conditions have been prepared in good faith to reflect standard Australian consulting practice. They are not a substitute for independent legal advice. We recommend that you obtain advice from a qualified Australian solicitor before relying on these documents in the event of a dispute.