Terms of Service

1. Acceptance of terms

By accessing and using the website nurd.au (the "Site") or engaging Nurd Pty Ltd ("Nurd," "we," "us," or "our") for software development services, you agree to be bound by these Terms of service ("Terms"). If you do not agree with these Terms, you are prohibited from using the Site or our services.

2. Services defined

Nurd provides custom software development, consulting, and design services. This includes but is not limited to:

  • Custom software development

  • Mobile and web application development

  • AI and machine learning solutions

  • Cloud infrastructure and DevOps

  • UI/UX design

  • Team augmentation

Specific deliverables, timelines, and costs for client projects are defined in separate Statements of Work (SOW) or Project Proposals signed by both parties. In the event of a conflict between these Terms and a specific SOW, the SOW shall prevail.

3. Intellectual property

Site content

Unless otherwise indicated, the Site and its original content, features, and functionality are owned by Nurd and are protected by Australian and international copyright, trademark, and intellectual property laws.

Client deliverables

Upon full payment of all fees associated with a project, Nurd grants the Client full ownership of the custom source code, designs, and deliverables created specifically for that project. Nurd retains ownership of pre-existing background IP, developer tools, and generic code libraries used to facilitate the project, granting the Client a perpetual, non-exclusive, royalty-free license to use such background IP as part of the software.

4. User obligations

You agree to use the Site and our services only for lawful purposes. When accessing our client portals or project management systems, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

5. Engagement models and payment

We operate under various engagement models as defined in our proposals:

  • Fixed price: Billed according to a milestone schedule.

  • Time & materials: Billed based on actual hours worked.

  • Dedicated team: Billed on a recurring monthly basis.

Invoices are due within the timeframe specified on the invoice (typically 14 or 30 days). Late payments may incur interest charges. We reserve the right to suspend services for accounts that are significantly overdue.

6. Confidentiality

We acknowledge that during the course of our engagement, we may have access to your confidential information, business trade secrets, and proprietary data. Nurd agrees to hold all such information in strict confidence and not to disclose it to any third parties without your prior written consent, except as required by law.

7. Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Nurd be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, our services.

8. Governing law

These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions. Any dispute arising from these Terms shall be resolved in the courts located within Australia.

9. Changes to terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Site or services after those revisions become effective, you agree to be bound by the revised terms.

10. Contact information

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

Nurd Pty Ltd Email: hello@nurd.au ABN: 00 000 000 000 Location: Sydney, Australia