Terms & Conditions

Disclaimer 

By interacting, browsing or accessing any of the services that are provided by this website or Nexxtap (Nexxtap, we, us, our), the Client (Client, you, your) accepts and agrees to be bound by the Terms and Conditions (Terms or Terms and Conditions) that are set out below.

Nexxtap retains the right to and will periodically amend these terms and conditions without notice.   When Nexxtap does amend these Terms and Conditions, Nexxtap will post these amended Terms and Conditions to its website.  The Client’s continued use of the Services and access to the website will be taken to be acceptance of any changes to the Terms and Conditions. 

These Terms and Conditions contain legal obligations.  It is advised that you read it carefully. All notices or further communications in respect to these terms and conditions must be in writing, and must be delivered by hand; mailed postage pre-paid, either by registered or certified mail, return receipt requested; or by overnight courier; to Legal Counsel at the mailing address detailed on the Contact page of this site. 

‘Nexxtap’ refers to the trading name of the product designed and developed by WebGate Technologies Pty Ltd ACN 151 377 954 (WebGate), the business name “Nexxtap” as registered to Next Technologies Pty Ltd ACN 655 572 384 or any further legal entity so established that owns or uses the name or product Nexxtap and includes its Associated Entities;

‘Associated Entities’ means the entities associated with Nexxtap, being any entity within the WebGate/Nexxtap group, including but not limited to: WebGate Technologies Pty Ltd ACN 151 377 954 ; Next Technologies ACN 655 572 384 .

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth);

‘Client’ includes the directors and relevant associated parties that enlist the use of Services;

‘Services’ refers to any goods and/or services that are supplied by Nexxtap to the Client pursuant to the order of the Client, and any other goods and/or services supplied by Nexxtap incidental to the supply of any or all of the goods and/or services ordered by the Client;

‘Terms’ or ‘Terms and Conditions’ refers to these terms and conditions; and 

‘User Agreement’ means the formal agreement between Nexxtap and the Client, incorporating these Terms and which governs payment of fees for the Services;

For the avoidance of doubt, these Terms apply to the onboarding process and all information provided in relation to the application and approval process, and the ongoing Services following approval. 

Additional terms and conditions may also accompany the onboarding process.

1. 1. 1. Any order received from the Client (whether oral or written)  for Services to be supplied by Nexxtap is deemed to be an order incorporating these Terms to the exclusion of all other terms and conditions, prior to discussions, representations, understandings or agreements regarding the Services, unless amended in accordance with clause 2(b) below. 
      2. These Terms shall not be amended unless agreed in writing by Nexxtap.  For the avoidance of doubt, no terms, documents, conditions, etc. provided or attached in any electronic document by the Client will have any effect on these Terms, unless agreed in writing by Nexxtap as amending these Terms.
      3. No agreement is valid between the Client and Nexxtap regarding the supply of the Services, until an order is received and accepted in writing by Nexxtap. 
      4. The Client may not cancel an order processed by Nexxtap, without written authority by Nexxtap.  To the extent permitted by law, the Client shall be responsible to Nexxtap in full for all loss (including loss of profit), costs (including labour, damages, charges and expenses) that Nexxtap may incur as a result of cancellation not in accordance with these Terms or at law.  This indemnity shall not apply to the extent its effect its effect would limit, restrict or exclude consumer guarantees.

Any description of the Services is given by way of identification and will not constitute a contract of sale by description.  Nexxtap retains the right to correct any error or omission, in any sales information, quotation, invoice or other document, issued by Nexxtap without any liability to Nexxtap. 

1. 1. 1. Payments due and payable on a transaction fee basis will be payable in accordance with any further terms outlined in the User Agreement.
      2. Unless otherwise stated in the User Agreement, the Client must pay all other invoiced amounts for Services within 5 days of receiving an invoice from Nexxtap. The Client agrees to pay all amounts incurred by the Client or any incurred as a result of the Username and password associated with the Client (whether authorised or not). 
      3. The Client agrees that all payment amounts are non-refundable, except where required to be refunded by law. 
      4. All amounts owing and outstanding by the Client to Nexxtap on any account become immediately due and payable (without notice).  Nexxtap reserves the right to refuse to supply or re-supply, or to suspend or cease the supply of any Service(s) (as appropriate) until all amounts owed or owing by the Client to Nexxtap are paid to Nexxtap in full in cleared funds. 
      5. The Client agrees to pay for any collection fees or charges (including legal fees and charges on a solicitor / client basis) Nexxtap incurs in attempting to recover payment(s) owed by the Client. 

Nexxtap’s obligation under these Terms is to provide the Services.  Nexxtap assumes no liability for any technical advice, recommendation, information or assistance given, or the results obtained there from.  Any advice given by Nexxtap to a Client is given at the sole risk of, and subject to verification by, the Client and the Client hereby releases Nexxtap from and against any loss, damage cost or other expense of whatsoever nature in respect of the application of such advice by the Client. 

To the maximum extent permitted by law:

a. Subject to the provisions of Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any other relevant and applicable State and/or Commonwealth legislation (Statutory Provisions), Nexxtap will take reasonable care to ensure that the Services will be provided with due care and skill, and of merchantable quality. 

b. All conditions and warranties expressed or implied by the Australian Consumer Law and the Statutory Provisions, law, trade, custom or usage, are expressly excluded to the maximum extent permitted by law.

c. Nexxtap does not warrant that: 

1. 1. 1. 1. 1. the Services will be uninterrupted or error free; 
            2. the Services will meet the Client's requirements, other than as set out in these Terms; 
            3. the Client's customers are entitled to use the credit card information they submit on the Client's website. 

1. 1. 1. 1. 1. it will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded or downloaded by the Client from or to Nexxtap server(s) does not contain any virus and will not corrupt the data or systems of any person in any way; 
            2. it will keep secure at all times all passwords and cryptographic keys used to access, process and download data from Nexxtap server(s); 
            3. it will follow all cryptographic key management procedures specified by Nexxtap; 
            4. it is solely responsible for persons accessing the Client's website and account and must not refer complaints or inquiries in relation thereto to Nexxtap; and
            5. all information and details the Client has supplied to Nexxtap are true and correct. 

e. Nexxtap does not warrant the quality, accuracy or completeness of any information on this website.  Such information is provided "as is".  This website may include inaccuracies or typographical errors, and Nexxtap does not accept any liability in relation to the quality, operability or accuracy of the information contained on this website.

f. At no point shall Nexxtap be held liable for any damages whatsoever, howsoever caused, arising directly or indirectly, in connection with this website or its use including special, indirect or consequential loss or damage, or loss of profit, business, revenue, goodwill or anticipated savings. 

Nexxtap are responsible for ensuring the security of Card Holder Data (defined as a primary account number, expiry and CVV) in Nexxtap’s possession and will maintain all reasonable administrative, technical and physical processes to protect all information regarding the Client and the Client’s customers that is stored in Nexxtap systems from unauthorized access.  Nexxtap cannot guarantee that unauthorized third parties will never be able to circumvent those measures or use such personal information in this case.  The Client agrees that the Client provide this personal information regarding the Client and the Client’s customers at the Client’s own risk. 

1. This clause 8 applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if Nexxtap or its Associated Entities have been advised of the possibility of such damage.   This limitation of liability shall apply to the fullest extent permitted by applicable law.
2. Neither party are liable for any indirect, punitive, incidental, special, consequential or exemplary damages, or for any damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, inability to use or unavailability of the Services. 
3. Nexxtap’s  liability for a breach of these Terms in relation to goods supplied as part of the Services is limited to the full extent permitted by law to either of the following as determined by Nexxtap in absolute and sole discretion: 

1. 1. 1. 1. the replacement of the Services or the resupply of equivalent Services; 
         2. the repair of the Services;
         3. the payment of the cost of replacing the Services or acquiring equivalent Services;  or
         4. the payment of the cost of having the Services repaired.

1. 1. 1. 1. the supplying of the Services again; or
         2. the payment of the cost of having the Services supplied again.   

1. 1. 1. 1. fraud; or
         2. wilful misconduct, meaning a deliberate act or omission, the consequences of which were foreseen or foreseeable and intended to cause harm to people, property or the environment.
            
            
   
   13. Indemnity 

1. 1. 1. 1. the Client's breach of the Terms;  and

provided that:

1. 1. 1. the Client’s liability to indemnify Nexxtap and its Associated Entities shall be reduced proportionally to the extent that Nexxtap or its Associated Entities or a party under their control, cause or contribute to the demands, loss or costs; and
      2. Nexxtap will take reasonable steps to mitigate loss or damage.

Nexxtap and or its Acquiring Partners (being the banks or financial institutions associated with any transaction) may suspend the Service (or any part thereof) or disconnect or deny the Client access to the Service:

1. 1. 1. to remedy any defect or failure;
      2. to improve the Services;
      3. where the Client is in breach of these Terms; or
      4. in any other instance Nexxtap deems necessary.

Where the Services are suspended under subclauses 9(a), (b) and (d), Nexxtap will endeavour to give reasonable advance notice where possible, and suspend or disconnect for minimum time possible. 

Where the Services are suspended under subclause 9(c), Nexxtap may either (at Nexxtap’s election):

1. 1. 1. suspend the Services until the Client has remedied its breach; or
      2. terminate this Agreement in accordance with clause 11.

The Client will remain liable for all charges and fees throughout any period of suspension except where required by law. 

This Agreement may be terminated:

1. 1. 1. immediately by a non-breaching party where the other party commits a material breach of the Agreement which is not capable of remedy;
      2. immediately by a non-breaching party where the other party commits a breach of the Agreement and fails to remedy the breach within the period required by the non-breaching party (which period will be reasonable); or
      3. upon written notice by either party for any reason.

Following termination of the Agreement, Nexxtap will undertake the following steps:

1. 1. 1. The Client acknowledges that the reserve funds held in accordance with clause 11(f) of the Agreement, and the User Agreement, will be held by Nexxtap to satisfy chargebacks, fines or any other payment that is or could be a liability of the Client, arising out of the Client’s act, omission or breach of the Agreement. While Nexxtap will generally return these reserve funds within 6 months of the date of termination, Nexxtap may hold reserve funds for a longer period of time including (but not limited to) where:
2.  

1. there is a disputed chargeback, fine or any other payment; 
2. the nature of the industry the Client operates in requires funds to be held for a longer period of time (such as the travel industry where reserve funds are generally held for 18 months or longer); or
3. the Client’s agreement with its individual client users requires the funds to be held for a longer period.

Nexxtap may refuse, suspend or cancel the Services, or take any other action deemed necessary, immediately if: 

1. 1. 1. the Client, or any user of the Client's website, uses and/or used the Services for the purposes of spamming; or
      2. any other person has used Nexxtap server(s) or the Services for the purposes of spamming.

For the purposes of providing the Services, Nexxtap may appoint other persons or entities to manage or carry out certain parts of the Services on Nexxtap’s behalf (including any Associated Entities) and may remove any persons or entities such appointed. 

The Client will be required to obtain (if not obtained already) a merchant account from a banking institution in order to receive the Services. The Client agrees to abide by the terms and conditions of such an account at all times.  Nexxtap is not responsible for, and has no involvement in, the Client’s agreements or accounts with any third parties.  The Client acknowledges that if an upstream banking institution suspends a merchant account, Nexxtap will automatically suspend the Client’s account.  Nexxtap will not be liable for any loss, costs or damage incurred by the Client as a result of such suspension.

The Client must comply with the directions and procedures that Nexxtap provides in regard to the use of the Services.    

1. 1. 1. The Client agrees that nothing in these Terms transfers or assigns any intellectual property rights from Nexxtap or its Associated Entities to the Client. 
      2. Nexxtap either owns the intellectual property rights in the underlying HTML, audio clips, text, Java scripts and other content that is made available to the Client on this website, or has obtained the permission of the owner of such intellectual property to be utilized on this website. 
      3. the Client acknowledges and agrees that it does not have any rights in the intellectual property in or associated with Nexxtap or its Associated Entities , the underlying HTML, audio clips, text, Java scripts and other content made available on this website other than pursuant to the Licence under these Terms and Conditions. 

Copyright ©  2024 YTCB Pty Ltd  all rights reserved. Any copying, republication or redistribution of such content is expressly prohibited without the prior written consent of the copyright owner. 

"Nexxtap" is a trade-mark of YTCB Pty Ltd ACN 09139857.  The names of all other products and/or services mentioned on this website are the trademarks of their respective owners. The displays of trade-marks or trade names on this website do not convey or create any license or other rights in these marks or names. Any unauthorized use of these marks or names is strictly prohibited. 

Parts of the Nexxtap services may be subject to patents or patents pending and the rules governing those should be adhered to by the Client at all times.

Where necessary the Client consents to, and agrees to provide the necessary assistance for, Nexxtap to obtain a credit report from a recognised credit reporting agency containing personal information for business purposes, including the assessment of an order for Services or collection of overdue accounts. 

The Client acknowledges that the Client’s failure to comply with its obligations under this clause 20 is a material breach of the Agreement. 

Without prior written consent from Nexxtap, the Client will not operate more than one business from a Nexxtap account established for the Client. 

1. 1. 1. In this clause the terms 'GST', 'supply' and 'taxable supply' have the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth). 
      2. All prices and quotes provided by Nexxtap are estimates only and do not constitute an agreement to supply Services in accordance with that price/ quote and are subject to alteration. 
      3. Unless expressly stated otherwise all prices are exclusive of GST. The amount to be paid or other consideration to be provided to Nexxtap for any taxable supply Nexxtap makes that is governed by or connected with these Terms must be increased by an amount equal to any GST which Nexxtap become liable to pay in respect of that supply so that Nexxtap retain after the payment of GST the amount which Nexxtap would have been entitled to receive but for our obligation to pay GST. 
      4. Unless expressly stated otherwise all fees are billed on a per transaction basis. 
      5. The Client acknowledges and agrees that Nexxtap may apply a retail margin to the merchant service fee declared by the Client's acquirer. 

Additional terms and conditions may apply to some promotional campaigns or competitions.  If terms and conditions of a relevant promotional campaign apply to the Client, in the case of inconsistencies between Terms, those terms will prevail.

1. 1. 1. Any right created by the Terms may only be waived in writing and signed by the party granting the waiver. 
      2. The Client may not assign any rights and/ or obligations under this agreement without prior written consent from Nexxtap. 
      3. Unless otherwise stated all references to amounts of money are references to Australian currency. 
      4. The Terms are governed by the laws applicable in Queensland, Australia. 
      5. If any part or provision of the Terms or their application to any person or circumstance is illegal or unenforceable the part or provision will be interpreted as may be necessary to ensure it is not illegal or unenforceable and if any part or provision can not be so interpreted then it will be severed from the Terms and the remaining provisions will continue in force. 

The Client agrees to keep confidential (and not disclose or use) and take all reasonable steps to ensure that employees, agents etc keep confidential, at all times all information regarding Nexxtap including without limitation the affairs, systems, procedures, strategies, customers and pricing ('Confidential Information') related to Nexxtap. The obligations of confidentiality do not apply if the Confidential Information is already in the public domain (other than as a result of a breach of this or a similar agreement) or the Client is required to disclose such information by any law or court order. 

Nexxtap will manage the Client’s confidential information in accordance with Nexxtap’s Privacy Policy https://nexxtap.com/privacy-policy.

Nexxtap is not liable for any failure to perform or delay in performing its obligations under these Terms if that failure is due to anything beyond reasonable control of Nexxtap which includes, without limitation, strikes, lockouts, shortages of raw materials, fuel, power, labour, transport, acts of God, fire, riot, explosion, accident, sabotage, breakdowns of machinery, cyber-attacks, third party outages, or system downtime (Force Majeure). Force Majeure does not affect either party's obligation to make any payment. 

1. Subject to compliance with these Terms and Conditions, Nexxtap grants the Client a limited license to display, print, download and use the underlying HTML, text, audio clips and other content on the Client's computer, that is made available to the Client on this website, for non-commercial, personal, or educational purposes only (Licence), provided that: 

1. 1. 1. The Client does not modify, alter or deface any such content; and 
      2. The Client includes and displays on each copy of such content, the associated copyright notice and its limited License. 

No other use is permitted. 

1. 1. 1. Make any commercial use of such content; 
      2. Include such content in or with any product that the Client creates or distributes; or 
      3. Copy such content onto any other website (this includes websites owned by the Client). 

c. Notwithstanding the above, nothing contained in this License shall be construed as conferring any right under any copyright of Nexxtap or any other person who owns the copyright in content provided on this website. 

34. Registration, Accounts and Passwords

1. Nexxtap provides services and related features that may require registration. Should the Client choose to register for such services or related features, the Client agrees to provide accurate and current information as required by the relevant registration process, and to promptly update such information as necessary to ensure that all information is kept accurate and complete. The Client agrees to be responsible for the following: 

1. 1. 1. Maintaining the confidentiality of any passwords or other account identifiers owned by the Client. 
      2. Maintaining the confidentiality of all activities that occur under the account that is associated to the Client. 

Clients may be required from time to time to agree to third party terms and conditions associated with the provision of Services. This may include but are not limited to Docusign and Scantek. Links to these terms and conditions have been provided below.

It is the responsibility of the Client and the relevant third parties to ensure that the third party terms and conditions are adhered to, including any privacy policy contained therein. It is also the responsibility of the Client to ensure that they have complied with the most recent version of any third party terms and conditions and privacy policies. Nexxtap cannot guarantee the following links are in working order nor the most up to date or complete versions, but are provided here for the Client’s convenience:

1. Scantek: https://scantek.com/privacy-policy/
2. Docusign: https://www.docusign.com/legal/agreements

If you wish to view the policies of Scantek or Docusign, please visit their websites and view the terms for yourself.

In agreeing to the provision of Services, electronic signatures may be used in lieu of an original signature on paper. The provision of an electronic signature is deemed consent to use such signature. The Client has the right to request to sign a paper copy instead.  By providing an electronic signature, the Client waives that right.

The Client’s agreement to use an electronic signature with Nexxtap for any document will continue to apply until the Client advises Nexxtap in writing that the Client no longer wishes to use an electronic signature.

The Client may, upon written request to Nexxtap, obtain a paper copy of an electronic record for no fee. No penalty will be imposed by Nexxtap if the Client chooses not to provide an electronic signature where the above are complied with.

The Client should ensure that Nexxtap have a current email address in order to contact the Client regarding any changes, if necessary.

Where an electronic signature is provided to a third party, the Client must ensure that it has read the relevant privacy policy and/or terms and conditions of that third party before signing.

Links or other material and content found on this website is not, and is not intended as, an endorsement of any third party products or services described on this website unless expressly stated. Any opinions expressed in such material and content are those of its author(s) and do not necessarily reflect those of Nexxtap. 

These links are provided by way of convenience and may not be current or maintained. We have no control over or responsibility over the content of those websites.

38. Submission of Confidential Information 

1. 1. 1. All information that is transmitted to Nexxtap through this website becomes the exclusive property of Nexxtap, which may be used for any purpose without restriction or compensation.  However, Nexxtap will not use your information in breach of its Privacy Policy.
      2. Information transmitted to this website may be intercepted by third parties. You should transmit such information by other means if you are concerned about its confidentiality. 

The details on how Client information is collected, used and disclosed by Nexxtap can be found in the Privacy Policy. 

As Nexxtap plan to ensure our Privacy Policy remains current, this policy statement is subject to change.   Nexxtap may modify this Privacy Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the updated document on the website.   

Please make sure to return periodically to our website to review the current Privacy policy statement. 

If you have any questions at any time about our Privacy Policy statement or the use of your personal information, you may contact us at legal@webgatetec.com.

Nexxtap may pay referral payments/commissions to the Client for referring a new client to Nexxtap. 

At a minimum, the new client must:

• be approved by Nexxtap;
• accept these Terms and any further Terms outlined in Nexxtap’s User Agreement .

Any referral payment/commissions will be subject to and for the amount set out in additional terms disclosed by Nexxtap. 

• If the new client is referred to Nexxtap, then the new client must agree for Nexxtap to disclose to the Client the net margin obtained of the MDR (Merchant discount rate).