Terms of Service
Last updated: July 7, 2026
Please read these Terms of Service carefully before using Nailed Tech's website or engaging our services. These terms constitute a legal agreement between you and Nailed Tech.
1. Acceptance of Terms
By accessing or using Nailed Tech's website and services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services. These terms apply to all visitors, users, and clients of Nailed Tech. We reserve the right to update these terms at any time, and continued use of our services constitutes acceptance of the revised terms.
2. Services Description
Nailed Tech provides technology services including but not limited to: • Custom software development (web applications, enterprise platforms, APIs) • Staff augmentation (dedicated engineers and tech professionals) • Mobile application development (iOS, Android, cross-platform) • UI/UX design services The specific scope, deliverables, timeline, and pricing for each engagement are defined in separate Statements of Work (SOW) or Service Agreements signed by both parties.
3. Client Responsibilities
As a client, you agree to: • Provide accurate and complete project requirements and information • Respond to requests for feedback and approvals in a timely manner • Designate a primary point of contact with authority to make project decisions • Pay invoices according to the agreed payment schedule • Not use our services for any illegal, unethical, or prohibited purposes • Maintain confidentiality of any proprietary information shared by Nailed Tech
4. Intellectual Property
Upon full payment of all invoiced amounts, clients receive full ownership of all custom code, designs, and deliverables created specifically for their project ("Work Product"), subject to the following: • Nailed Tech retains ownership of pre-existing tools, frameworks, methodologies, and general knowledge • Open-source components used in projects are subject to their respective licenses • Nailed Tech retains the right to reference the project in its portfolio (unless a confidentiality agreement states otherwise) • Any third-party libraries or assets are licensed according to their original terms
5. Payment Terms
Payment terms are specified in individual project agreements. Generally: • Invoices are due within 30 days of issuance unless otherwise agreed • Late payments may incur a 1.5% monthly interest charge • Work may be paused if invoices remain unpaid beyond 30 days after the due date • All fees are non-refundable unless otherwise specified in the project agreement • Currency and payment methods are specified in individual agreements
6. Confidentiality
Both parties agree to maintain confidentiality of all proprietary and confidential information disclosed during the engagement. Confidential information includes but is not limited to business strategies, technical specifications, financial data, and client information. This obligation survives termination of the engagement for a period of 3 years. Both parties may sign a separate Non-Disclosure Agreement (NDA) prior to project commencement.
7. Limitation of Liability
To the maximum extent permitted by law, Nailed Tech shall not be liable for: • Indirect, incidental, special, or consequential damages • Loss of profits, revenue, or data • Business interruption losses • Damages arising from third-party services or open-source components Our total liability for any claim shall not exceed the total fees paid by the client in the three months preceding the claim.
8. Warranty Disclaimer
Our services are provided "as is" to the extent permitted by applicable law. We disclaim all implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do warrant that our work will be performed with reasonable skill and care, consistent with industry standards. Any warranty claims must be raised within 30 days of project delivery.
9. Termination
Either party may terminate a project engagement with 30 days written notice. Upon termination: • Client pays for all work completed up to the termination date • Nailed Tech delivers all completed work and documentation • Both parties fulfill outstanding obligations per the project agreement • Confidentiality obligations continue as specified We reserve the right to immediately terminate service for breach of these terms, non-payment, or illegal activity.
10. Governing Law
These Terms of Service are governed by the laws of Western Australia, Australia, without regard to conflict of law provisions. Any disputes shall be resolved by the courts of Western Australia, except where prohibited by applicable law.
11. Contact
For questions about these Terms of Service, please contact: Nailed Tech Legal Team Email: legal@nailedtech.com.au Address: Perth, Western Australia, Australia Nailed Tech is a registered business name of Muk Enterprises Pty Ltd.