Terms of Service

These terms govern your use of the NexOrbit platform and website, operated by Newdawn Support Services Pty Ltd (“NexOrbit”, “we”, “us”). By creating an account, accessing the platform, or using our services, you agree to be bound by these terms. If you don’t agree, please don’t use the service.

1. The service

NexOrbit provides a software platform for Australian NDIS service providers to manage participants, roster staff, process billing, track compliance, and train teams. Specific features and availability may evolve as we improve the product.

2. Your account

• You must provide accurate, current information when creating an account and keep it up to date.
• You are responsible for all activity that happens under your account, and for keeping your login credentials confidential.
• You must notify us immediately if you suspect any unauthorised access at security@nexorbit.com.au.
• You must be at least 18 years old, or have the authority to accept these terms on behalf of an organisation.

3. Acceptable use

You agree not to:

• Use the platform for any unlawful purpose or in breach of NDIS rules.
• Upload data you don’t have the right to upload, or that infringes anyone’s privacy or intellectual property.
• Attempt to gain unauthorised access to the platform, other customers’ data, or any underlying infrastructure.
• Reverse engineer, decompile, or scrape the platform, or use it to build a competing product.
• Interfere with or disrupt the platform’s integrity, performance, or security.

4. Subscription & payment

Pricing, billing cycles, and any free-trial terms will be agreed with your organisation in a separate order form or subscription agreement. Fees are payable in Australian dollars and are exclusive of GST unless stated otherwise. Late payments may result in suspension of access.

5. Your data

You own your data. All participant records, staff information, notes, and other content uploaded by your organisation remain your property. We process this data on your behalf as set out in our Privacy Policy and any data processing addendum.

We use your data only to provide and improve the service to you. We do not sell it, and we do not use participant or care-delivery information for advertising or training third-party AI models.

6. Confidentiality

Both parties agree to keep each other’s confidential information confidential and to use it only for the purpose of performing or receiving the service. This obligation continues after the agreement ends.

7. Intellectual property

NexOrbit and Newdawn Support Services own all rights, title, and interest in the platform, including any improvements suggested by customers (you grant us a non-exclusive licence to incorporate feedback into the product). You receive a non-transferable, non-exclusive right to use the service during your subscription.

8. Service availability

We work hard to keep the platform reliable and aim for high uptime, but we don’t guarantee uninterrupted service. Planned maintenance will be communicated where possible. Any specific service-level commitments will be set out in a separate agreement.

9. Limitation of liability

To the maximum extent permitted by law, NexOrbit’s total liability under or in connection with these terms is limited to the fees you have paid us in the twelve months before the event giving rise to the liability. We are not liable for indirect, consequential, or special losses, or for loss of revenue, profits, goodwill, or data.

Nothing in these terms excludes or limits any rights you have under the Australian Consumer Law that cannot be excluded.

10. Termination

Either party may terminate the agreement in accordance with the order form. We may suspend or terminate access immediately if you materially breach these terms, fail to pay, or use the platform in a way that puts other customers or the service at risk.

On termination, we will give you a reasonable opportunity to export your data before deleting it from our systems, subject to backups and legal retention requirements.

11. Changes to these terms

We may update these terms as the platform evolves. If a change is material, we’ll let you know by email or in-product notice at least 30 days before it takes effect. Continued use of the platform after the effective date means you accept the new terms.

12. Governing law

These terms are governed by the laws of Victoria, Australia. Each party submits to the exclusive jurisdiction of the courts of Victoria.

13. Contact

Questions about these terms? Email hello@nexorbit.com.au.