Terms of Service

New Era Scaling provides custom website design and development, AI automation systems (including chat widgets, AI receptionists, and lead follow-up workflows), Google Ad management, social media management, and ongoing hosting, maintenance, and optimisation services. The specific scope of any engagement will be set out in a written proposal, statement of work, or order confirmation.

A binding agreement forms when you accept a proposal in writing (including by email or by paying a deposit invoice). If a written scope and these Terms conflict, the written scope prevails for that specific engagement.

We charge for our services in two ways:

• One-off fees for project work (e.g. site builds, automation builds). A non-refundable deposit is payable to commence work; the balance is invoiced according to the milestones in the proposal. Final delivery and any code, accounts, or accesses we transfer to you are conditional on full payment of all invoices.
• Recurring fees for ongoing services (e.g. hosting, maintenance, ad management, AI tooling subscriptions). Recurring fees are billed monthly in advance and continue until cancelled in accordance with these Terms.

All fees are in AUD and exclude GST unless stated. Invoices are due on receipt unless a different term is stated on the invoice. We may suspend services on overdue invoices after seven (7) days’ notice.

Refund eligibility is governed by our Refund Policy, which forms part of these Terms. In short: setup and project fees are non-refundable once work has commenced; recurring fees are pro-rated on cancellation with thirty (30) days’ written notice.

On full payment of all fees relating to a deliverable, we transfer to you ownership of the bespoke design and code we created specifically for you. We retain ownership of any pre-existing tools, libraries, frameworks, components, or know-how we used to build it; you receive a perpetual, non-exclusive licence to use those embedded components as part of the deliverable.

Third-party services we configure on your behalf (e.g. hosting, analytics, AI providers) remain governed by those providers’ terms. We may include a small, tasteful credit in the footer of delivered websites unless the proposal states otherwise.

We may showcase non-confidential aspects of the work (screenshots, high-level descriptions) in our portfolio and case studies unless you tell us in writing not to.

You agree to:

• Provide accurate information, content, brand assets, and timely feedback so we can deliver on schedule.
• Hold the rights, licences, and consents needed for any content, trademarks, or data you provide us.
• Use the deliverables lawfully and not to send spam, breach privacy laws, or infringe third-party rights.

AI features we deploy (including chat agents, receptionists, and follow-up automations) rely on third-party models that can produce unexpected, incomplete, or inaccurate outputs. We will tune and test these systems on reasonable best-effort terms but do not warrant any specific accuracy, uptime, or commercial outcome from them. You are responsible for reviewing AI-generated content where required by law or by your industry.

We provide our services with due care and skill. To the extent permitted by law, all other warranties (express or implied) are excluded. Nothing in these Terms limits any non-excludable rights you may have under the Australian Consumer Law.

Subject to those non-excludable rights, our total aggregate liability to you arising out of or in connection with the services — whether in contract, tort (including negligence), under statute, or otherwise — is capped at the total fees paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim. We are not liable for any indirect, special, or consequential loss (including loss of profits, revenue, goodwill, or data).

Each party agrees to keep the other’s confidential information confidential and to use it only for the purpose of the engagement. This survives termination.

Either party may terminate an engagement for material breach if the breach is not cured within fourteen (14) days of written notice. Recurring services may be cancelled by either party with thirty (30) days’ written notice. On termination, you will pay for all services performed up to the termination date.

These Terms 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 the federal courts of Australia.

We may update these Terms from time to time. Material changes will take effect thirty (30) days after we post them or notify you, whichever is later. Continued use of our services after that date constitutes acceptance of the updated Terms.