SECTION 1

Timeline

Project timelines begin once all required Client Data has been received. Delivery timelines are set out in the Service Agreement and vary by selected package.

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Nova Analytics is not liable for missed deadlines resulting from delays in Client data submission. Nova Analytics is not responsible for delays or inaccuracies resulting from incomplete, outdated, or incorrect Client Data.
 

Where data requires significant cleaning, reformatting, or clarification beyond what was anticipated, Nova Analytics will notify the Client as soon as practicable and revised timelines will be agreed in writing.

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SECTION 2

Data Accuracy, Use of Insights & Limitation of Liability

All dashboards, reports, and insights provided by Nova Analytics are generated solely from the data supplied by the Client. Nova Analytics does not warrant the accuracy, completeness, or reliability of the Client's data and is not responsible for errors, omissions, or inaccuracies contained within that data.

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All dashboards, reports, and insights are provided for general informational purposes only and do not constitute financial, legal, operational, or professional advice. The Client is solely responsible for all business, operational, and strategic decisions made based on the outputs of the dashboard or any related services.

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To the maximum extent permitted by law, Nova Analytics accepts no liability for any loss, damage, or consequences arising from the Client's use or interpretation of the dashboard or any decisions made in reliance on it. Liability, if any, is strictly limited to the total fees paid for the relevant services.

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SECTION 3

Fees & Payment Terms

Nova Analytics reserves the right to pause all work, updates, support, and access to deliverables until outstanding invoices are paid in full.

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• Invoices are to be paid in full within 14 days of issue.

• Recurring monthly retainer payments are to be made within 5 business days from the start of the month.
   

3.1 Minimum Commitment Period

Growth and Executive packages require a minimum commitment of 3 months from the date of project commencement, as set out in the Service Agreement. Monthly retainer fees are payable throughout this period regardless of usage.

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Following the minimum commitment period, either party may terminate the retainer in accordance with the termination provisions in Section 10 of these Terms.
 

3.2 Non-Refundability

All fees are non-refundable once Project Commencement has occurred, except where required under the Australian Consumer Law. Project Commencement occurs once all required Client Data has been received and work has begun.

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3.3 Growth to Executive Upgrade

Growth clients who have completed the 3-month minimum commitment period may upgrade to the Executive package by payment of an upgrade fee of $1,500. This upgrade fee covers the addition of up to 4 further KPIs (to a total of 12 KPIs) and a third dashboard page. Upon upgrade, the monthly retainer moves to $599 per month from the next billing cycle. Additional KPIs beyond the 12 included in the Executive package may be purchased via the KPI Add-On Pack.

The upgrade fee of $1,500 replaces the standard Executive upfront fee of $6,500 for eligible Growth clients. The total upfront investment for a Growth client upgrading to Executive is $5,000 ($3,500 Growth upfront + $1,500 upgrade fee), representing a saving of $1,500 compared to commencing on the Executive package.

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SECTION 4

Client Responsibilities

In order to enable timely delivery of an accurate product, the Client is responsible for the following:

• Provide accurate, complete, and timely Business Data required for dashboard development.

• Notify Nova Analytics of any changes to business operations, pricing, staffing, or data sources that may affect dashboard accuracy.

• Review all deliverables within the specified revision window.

• Submit revision requests using the Dashboard Change Request Form provided during onboarding.

• Ensure that staff members using the dashboard are appropriately trained or familiar with its use.

• Respond to communications and provide requested information in a timely manner to avoid project delays.

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SECTION 5

Data Handling & Privacy

In line with the Australian Privacy Principles (APPs) under the Privacy Act 1988, Nova Analytics agrees to:

• Only collect data necessary for the agreed services.

• Store Client Data securely using encrypted drives or cloud platforms.

• Limit access to Client Data to authorised personnel only.

• Never share, sell, or reuse Client Data without written consent.

• Delete or return Client Data upon request or project completion.

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5.1 Data Retention

Unless otherwise requested in writing, Nova Analytics retains Client Data for 90 days after project completion or cancellation for the purpose of revisions or troubleshooting. After this period, Client Data may be securely deleted.

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5.2 Data Breach Notification

Nova Analytics will take reasonable steps to protect Client Data. In the event of a suspected or actual data breach, Nova Analytics will notify the Client as soon as reasonably practicable in accordance with its obligations under the Notifiable Data Breaches scheme.

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Nova Analytics is not liable for unauthorised access, disclosure, or loss of Client Data arising from circumstances beyond its reasonable control, including third-party platform breaches or cyber incidents.

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SECTION 6

Confidentiality

Both parties agree to keep all business, financial, and personal information shared under this Agreement confidential and not to disclose it to third parties without the prior written consent of the other party.

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This obligation of confidentiality survives termination of the Service Agreement.

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SECTION 7

Intellectual Property

All custom dashboards, reports, and visual assets created for the Client under this Agreement are licensed for the Client's internal business use only.

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Templates, methodologies, frameworks, and underlying technical approaches developed by Nova Analytics remain the sole property of Nova Analytics unless otherwise agreed in writing.

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The Client must not reproduce, redistribute, on-sell, or reverse-engineer any Deliverable without the prior written consent of Nova Analytics.

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SECTION 8

Service Limitations

Nova Analytics provides data visualisation and dashboard development services only. Unless expressly agreed in writing, Nova Analytics does not:

• Provide bookkeeping, accounting, tax, or financial advisory services.

• Verify, audit, or validate the accuracy of Client Data.

• Guarantee business outcomes, financial performance, or operational results.

• Provide 24/7 support or real-time monitoring of dashboards.

• Maintain historical versions of dashboards unless requested in writing.

• Integrate with third-party systems beyond the scope of the selected package.

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8.1 Third-Party Platforms & Dependencies

Nova Analytics relies on third-party platforms and tools, including but not limited to Microsoft Power BI, cloud storage providers, and data source systems. Nova Analytics is not responsible for outages, limitations, errors, pricing changes, or service disruptions caused by third-party platforms.

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The Client acknowledges that such dependencies may affect delivery timelines, functionality, and package fees.

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8.2 Software Licensing

Nova Analytics is responsible for maintaining any required software licences necessary to access the Deliverables, including Microsoft Power BI licences. Nova Analytics is responsible for access issues arising from expired, insufficient, or incorrect licences held by Nova Analytics.

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8.3 Accessibility

Nova Analytics designs dashboards and reports for general business use and does not guarantee compliance with accessibility standards (including WCAG or colour-contrast requirements) unless expressly agreed in writing. The Client is responsible for informing Nova Analytics if accessibility requirements apply. Accessibility-specific design, testing, or remediation can be provided as an additional service upon request.

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8.4 No Warranties

To the extent permitted by law, Nova Analytics provides all Services, Deliverables, dashboards, and reports on an "as-is" and "as-available" basis. Nova Analytics makes no warranties, express or implied, regarding accuracy, reliability, suitability, or fitness for a particular purpose.

 

SECTION 9

Suspension of Services

Nova Analytics may suspend or terminate Services immediately, without notice, if the Client:

• Fails to pay invoices when due.

• Misuses or attempts to reverse-engineer the Deliverables.

• Breaches confidentiality or intellectual property obligations.

• Provides abusive, threatening, or unreasonable communication.

• Fails to provide required data or feedback for more than 45 consecutive days.

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Any work completed up to the date of suspension or termination will be invoiced accordingly.

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SECTION 10

Termination

Either party may terminate this Agreement by providing written notice. The required notice period depends on the selected package:

• Essentials clients: 7 days' written notice.

• Growth and Executive clients: 30 days' written notice.

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For Growth and Executive clients, termination is only available following completion of the 3-month minimum commitment period set out in Section 3.1 and the Service Agreement.

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During the notice period, any scheduled updates or support obligations will continue as normal unless both parties agree otherwise in writing.

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All work completed up to the termination date will be invoiced accordingly. Where a recurring monthly retainer is in place and work has commenced for that billing period, the full monthly retainer fee remains payable.

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Nova Analytics reserves the right to terminate this Agreement immediately, without notice, in the circumstances outlined in Section 9 (Suspension of Services).

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SECTION 11

Force Majeure

Neither party is liable for delays or failure to perform obligations under this Agreement due to events beyond reasonable control, including illness, natural disasters, system outages, government restrictions, or other Force Majeure events.

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The affected party will notify the other as soon as practicable. Obligations will resume once the event has concluded.

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SECTION 12

Client Indemnity

The Client indemnifies and holds harmless Nova Analytics from any loss, claim, liability, damage, or expense arising from:

• Inaccurate, incomplete, or unlawful Client Data.

• The Client's use or misuse of the Deliverables.

• Any breach of these Terms by the Client.

• Any reliance by the Client on insights, dashboards, or reports provided by Nova Analytics.

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This indemnity survives termination of the Service Agreement.

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SECTION 13

Dispute Resolution

In the event of a dispute, both parties agree to attempt to resolve the matter through good-faith negotiation before pursuing any external resolution or legal action.

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If the dispute cannot be resolved through negotiation within 30 days, either party may pursue resolution through the appropriate courts or tribunals of New South Wales.

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SECTION 14

Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any rights or remedies the Client may have under the Australian Consumer Law.

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Where liability under the Australian Consumer Law cannot be excluded, Nova Analytics limits its liability to the resupply of the Services or the cost of resupplying the Services, whichever is the lesser.

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SECTION 15

Governing Law & Jurisdiction

These Terms of Service and any dispute arising out of or in connection with them are governed by the laws of New South Wales, Australia. Both parties submit to the exclusive jurisdiction of the courts of New South Wales.

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SECTION 16

Updates to Terms of Service

Nova Analytics may update these Terms of Service from time to time. The version number and effective date are noted on the cover page and in the document header.

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The version in effect at the time Services are delivered will apply. Updated Terms will be made available to clients upon request or via the Nova Analytics website.

 

SECTION 17

Definitions

The following terms have the meanings set out below wherever they appear in these Terms of Service or the Service Agreement.

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"Agreement"

Means the Service Agreement signed by both parties, including all annexes, schedules, and attachments, together with these Terms of Service.

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"Business Data"

Means all information, files, spreadsheets, documents, or datasets provided by the Client for the purpose of creating dashboards or reports.

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"Business Hours"

Means 9:00am to 5:00pm, Monday to Friday, excluding public holidays in New South Wales.

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"Change"

Means any request outside the scope of a Revision, including new metrics, new dashboard types, new data sources, or structural redesigns. Changes may incur additional fees as outlined in the Service Agreement.

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"Client Data"

Means all Business Data and any other information supplied by the Client, including operational, financial, customer, or staff information.

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"Confidential Information"

Means all non-public information disclosed by either party, including business, financial, operational, or personal information.

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"Dashboard"

Means any Power BI dashboard, report, or visualisation created by Nova Analytics for the Client under this Agreement, whether delivered as a live dashboard, PDF export, or other format.

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"Data Source"

Means any file, system, platform, or dataset from which Business Data is drawn (e.g. CSV files, accounting software exports, booking system reports).

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"Deliverables"

Means the dashboards, reports, and related outputs provided by Nova Analytics under this Agreement.

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"Fee"

Means the amount payable by the Client for the selected package, add-ons, revisions, or changes, as set out in the Service Agreement.

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"Live Dashboard"

Means a Power BI dashboard connected to an underlying dataset that is updated on a weekly or monthly basis as specified in the Client's selected package.

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"Metric"

Means a single business performance measure or calculation displayed within a dashboard (e.g. revenue, job duration, profit margin, customer retention).

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"Onboarding"

Means the initial consultation process of confirming goals, selecting KPIs, and preparing for dashboard development, as described in Section 3 of the Service Agreement.

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"Package"

Means the service tier selected by the Client (Essentials, Growth, or Executive) as described in Annex A of the Service Agreement.

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"Project Commencement"

Means the date on which Nova Analytics begins work, which occurs only after all required Client Data has been received.

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"Recurring Payment"

Means the monthly retainer fee payable by Growth and Executive clients for ongoing dashboard updates.

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"Revision"

Means a single round of requested adjustments to existing visuals, layout, formatting, or metric calculations, submitted as one consolidated list using the Dashboard Change Request Form. Revisions do not include new metrics, new data sources, or new dashboard pages.

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"Add-On"

Means any optional service or product purchased in addition to the selected package, including but not limited to the Revision Bundle or KPI Add-On Pack.

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"Services"

Means the design, development, delivery, updating, and support of dashboards, reports, and related analytics services provided by Nova Analytics.

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"Support"

Means assistance provided via email or scheduled calls during Business Hours, excluding training unless explicitly included in the selected package.

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"Training"

Means any walkthrough, demonstration, or instructional session provided to the Client regarding the use of dashboards or reports.

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"Update"

Means the scheduled refresh or maintenance of a live dashboard for Growth and Executive clients, performed weekly or monthly depending on the selected package.

"Visual Business Metric"

Means a metric presented as a chart, graph, table, or other visual element within a dashboard.