Terms & Conditions

1. Parties and commencement

The supplier is TailorBite Pty Ltd trading as Nixsa, ABN 35 686 767 457 (Nixsa, we, us or our).

The client is the person, company, agency, principal, director or entity named in the Proposal or invoice (Client, you or your).

A contract is formed when the Client signs a proposal, accepts a quote in writing, pays an invoice, provides written approval for Nixsa to start work, or otherwise uses the Services after receiving these Terms.

If there is any inconsistency between these Terms and a proposal, the proposal will prevail to the extent of the inconsistency for that specific engagement.

2. Definitions

Business Day means a day other than a Saturday, Sunday or public holiday in Queensland, Australia.

Client Data means lead data, contact details, enquiry information, CRM records, campaign data, property information, login data, files, forms, reports and other information supplied by or collected for the Client through the systems.

Deliverables means the configured workflows, automations, forms, CRM fields, tags, integrations, documentation, dashboards, nurture sequences, reports or other materials expressly listed in the Proposal.

Fees means setup fees, retainers, support fees, variation fees and any other amounts payable to Nixsa under the Proposal or these Terms.

Go-Live means the date the relevant system or workflow is activated for live use, or made available for the Client to use in a production environment.

Proposal means Nixsa's written quote, proposal, package selection, statement of work, order form or invoice that describes the Services, Fees and inclusions.

Services means the automation strategy, design, configuration, implementation, testing, handover, monitoring, reporting, support and optimisation services supplied by Nixsa.

Third-Party Platforms means platforms, tools or providers not owned by Nixsa, including workflow automation, CRM, messaging, form, reporting, email, calendar, payment, AI and related tools.

3. Contract structure

Each engagement is governed by these Terms and the applicable Proposal.

The Proposal should identify the selected package, setup fee, monthly retainer, inclusions, exclusions, expected timing, third-party platforms, client responsibilities, and any special conditions.

Nixsa may provide product descriptions, website material, pitch decks or discovery notes. Those materials are general information only and do not form part of the contract unless they are expressly incorporated into the Proposal.

4. Services

Nixsa provides implementation services for real estate automation systems. The exact Services will be set out in the Proposal.

• System 0: social media capture and DM/comment automation.
• System 1: lead capture, smart intake forms, CRM contact creation, field mapping, warmth tagging and instant SMS response.
• System 2: automated SMS and email nurture sequences based on lead warmth, reply detection, hot-lead routing, booking links and agent handoff.
• Monthly reporting, dashboard support, priority support and continuous optimisation where included in the selected package.

Nixsa is an implementation provider. Unless expressly agreed in writing, Nixsa does not provide legal, financial, accounting, property valuation, real estate agency, marketing compliance or licensed professional advice.

5. Scope and exclusions

Only items expressly listed in the Proposal are included in the Fees. Anything not listed is excluded unless agreed as a variation.

Excluded items may include paid advertising management, website redesign, CRM database cleaning, historical data migration, bespoke software development, custom API development, copywriting beyond agreed templates, legal review of marketing content, client staff recruitment or sales training.

Nixsa is not responsible for the Client's lead volume, media spend, listing conversion, appraisal booking rate, commission revenue, staff adoption, call handling, sales process or real estate advice.

Nixsa does not guarantee that Third-Party Platforms will remain available, error-free, unchanged, affordable or compatible with the Client's business needs.

6. Client responsibilities

The Client must cooperate with Nixsa and provide the access, content, approvals, data and information reasonably required to deliver the Services.

• appoint one primary decision-maker who can approve workflow logic, message templates, platform settings and Go-Live;
• provide accurate agency, team, contact, property, market, suburb, offer and service information;
• review and approve all SMS, email, form and automation content before Go-Live;
• ensure all lead data and contact lists have been collected, used and disclosed lawfully;
• maintain active subscriptions and payment methods for all required Third-Party Platforms;
• not alter, disconnect or delete workflows, fields, forms, tags, numbers, domains or platform permissions without notifying Nixsa where doing so may affect the Services;
• train relevant staff to respond to alerts, handle hot leads, use the CRM and maintain accurate pipeline notes.

Nixsa is not liable for delays, faults, missed leads or reduced system performance caused by the Client's failure to meet these responsibilities.

7. Access, accounts and credentials

Where possible, all platforms should be created or maintained under the Client's own accounts, billing and ownership. The Client owns its CRM workspace, SMS sender identity, form account, social automation account, workflow automation account and other relevant systems unless the Proposal states otherwise.

The Client should not send passwords to Nixsa by email, SMS or unsecured message. Access should be granted through user invitations, workspace permissions, delegated access, secure password manager sharing or another reasonably secure method.

The Client is responsible for maintaining two-factor authentication, user permissions, password hygiene and payment methods for its accounts.

Nixsa may require administrator-level access during build and testing. The Client may reduce access after handover provided the change does not prevent Nixsa from performing agreed retainer or support services.

8. Fees, retainers and payment

The Client must pay the Fees in the amounts and at the times stated in the Proposal or invoice.

Unless the Proposal states otherwise, setup fees are payable as 50% on acceptance and 50% before Go-Live, and monthly retainers are billed monthly in advance.

If Nixsa offers a free retainer period, the free period applies only to the monthly retainer and does not waive setup fees, third-party platform costs, variation fees, usage charges or other amounts unless expressly stated.

Unless stated otherwise, Fees are exclusive of GST. If GST applies, the Client must pay the GST amount in addition to the Fees.

Invoices are payable within 7 days of issue unless the invoice specifies another due date.

If an invoice is overdue, Nixsa may pause work, withhold handover, suspend support, pause optimisation services or charge reasonable debt recovery costs, provided Nixsa gives the Client reasonable notice where practical.

9. Third-party platform costs

Third-Party Platform subscriptions, messaging credits, email sending charges, CRM fees, AI usage fees, form tool fees, domain/email fees and similar usage costs are not included in Nixsa's Fees unless expressly stated in the Proposal.

Those costs are usually billed directly to the Client by the relevant platform. Nixsa may provide estimates, but actual costs depend on platform pricing, usage volume and selected features.

The Client is responsible for reading and complying with the terms, policies, privacy settings and usage limits of each Third-Party Platform.

Nixsa is not responsible for any suspension, rate limit, policy enforcement, price change, account lock, data loss, downtime, delivery failure, API change or feature change by a Third-Party Platform, except to the extent caused by Nixsa's negligence or breach of these Terms.

10. Changes, variations and out-of-scope work

A change is out of scope if it is not included in the Proposal, materially changes the workflow logic, adds new platforms, adds new lead sources, requires substantial rebuilding, adds new content sequences, requires data migration, or extends the agreed timeline.

Nixsa may charge additional fees for out-of-scope work. Nixsa will notify the Client of the likely extra cost or provide a variation quote before starting material out-of-scope work.

Small clarifications, reasonable bug fixes and adjustments necessary for the agreed Deliverables are included during the build and initial testing period.

11. Timelines, delays and project management

Estimated delivery timeframes are estimates only unless the Proposal expressly states that a deadline is guaranteed.

A typical build may take two to three weeks from acceptance, subject to scope, access, platform availability, Client responsiveness, approval speed and testing requirements.

Nixsa may extend timelines where delay is caused by Client delay, platform downtime, scope changes, missing information, access issues, third-party approval, unexpected technical constraints or events outside Nixsa's reasonable control.

12. Testing, acceptance and go-live

Before Go-Live, Nixsa will conduct reasonable end-to-end testing of the agreed workflows using sample data or controlled test submissions.

The Client must promptly review the system, test outputs, messages, automations, CRM fields and handover material, and notify Nixsa of any defects or required adjustments.

The Deliverables will be deemed accepted when the Client approves Go-Live, uses the Deliverables in live operations, fails to report material issues within 5 Business Days after being asked to review, or otherwise confirms acceptance in writing.

13. Monthly retainer and support

If the Client purchases a monthly retainer, Nixsa will provide the retainer services set out in the Proposal. These may include monitoring, issue resolution, minor workflow adjustments, monthly reporting, performance review, priority support and continuous optimisation.

A retainer does not include unlimited new builds, wholesale redesigns, new platform migrations, new lead source integrations or major content creation unless expressly included.

Support is provided during Nixsa's ordinary business hours unless the Proposal states otherwise. Nixsa may respond outside business hours at its discretion but is not required to do so.

14. 60-day performance guarantee

Where expressly included in the Proposal, Nixsa provides a 60-day performance guarantee for the applicable package.

The guarantee means that if the Client's measurable lead response rate has not improved within 60 days after Go-Live, Nixsa will refund the Client's first paid monthly retainer in full.

The guarantee does not refund setup fees, third-party platform costs, usage charges, messaging credits, advertising spend, data costs, variation fees or other amounts.

The guarantee applies only to lead response-rate improvement. It does not guarantee new listings, appraisals, sales, commission revenue, customer acquisition cost, lead quality, lead volume, platform deliverability, staff performance or real estate market outcomes.

15. Third-party platforms and AI tools

Nixsa may use Third-Party Platforms and AI-assisted tools to deliver the Services, including for workflow planning, message drafting, data mapping, summarisation, reporting and automation logic.

The Client acknowledges that AI outputs and automated workflows may be imperfect and must be reviewed before operational reliance.

The Client is responsible for approving any message templates, email content, SMS content, market statements, suburb updates, comparable sales information, appraisal offers and external-facing content before Go-Live.

16. Privacy, personal information and data security

Each party must comply with applicable privacy, data protection and confidentiality laws to the extent those laws apply to that party.

The Client is the owner and primary controller of Client Data. Nixsa processes Client Data only to provide the Services, support the system, meet its legal obligations, improve agreed Deliverables, or as otherwise authorised by the Client.

The Client warrants that it has all consents, notices, permissions and legal bases required to provide Client Data to Nixsa and to allow Nixsa to configure automations, send messages, process replies and integrate platforms on the Client's behalf.

Nixsa will use reasonable technical and organisational measures to protect Client Data against unauthorised access, loss, misuse, interference or disclosure.

17. SMS, email and direct marketing compliance

Because the Services may involve automated SMS, email and other commercial electronic messages to leads, the Client is responsible for ensuring each recipient can lawfully be contacted.

• the Client must have valid consent or another lawful basis for each SMS, email or electronic message;
• messages must accurately identify the sender and contain required unsubscribe or opt-out functionality where required;
• the Client must honour unsubscribe, opt-out, suppression and do-not-contact requests promptly;
• the Client must not upload purchased, scraped, unlawfully collected or stale contact lists unless it has verified they can lawfully be contacted;
• the Client must review message frequency, timing, content and wording for compliance with real estate, privacy, spam, consumer and advertising obligations.

Nixsa may recommend compliance-friendly settings, but Nixsa is not the Client's legal adviser and is not responsible for the Client's underlying contact permissions, list quality or marketing compliance decisions.

18. Confidentiality

Each party must keep the other party's confidential information confidential and use it only for the purposes of the engagement.

Confidential information includes pricing, proposals, workflows, Client Data, lead lists, CRM information, strategy, technical configurations, business information, platform credentials, reports and non-public commercial information.

Confidentiality obligations do not apply to information that is public through no breach, already known lawfully, independently developed, received from a lawful third party, or required to be disclosed by law.

19. Intellectual property

The Client retains ownership of Client Data, Client branding, Client content, approved real estate information, logos and materials supplied by the Client.

Nixsa retains ownership of its pre-existing materials, know-how, templates, methods, strategies, processes, prompts, workflow architecture, generic automation frameworks, documentation structures and background intellectual property.

Subject to full payment of all amounts owing, Nixsa grants the Client a perpetual, non-exclusive, royalty-free licence to use the Deliverables configured within the Client's own accounts for the Client's internal business operations.

20. Client data and export rights

The Client may export its Client Data from its own Third-Party Platforms at any time, subject to the technical functionality and terms of those platforms.

Nixsa will not intentionally hold Client Data hostage or withhold reasonable access to Client-owned accounts because the Client ends a retainer.

Nixsa may withhold handover of Nixsa-created documentation, unpublished configuration files or support work if invoices are overdue, except to the extent prohibited by law or where doing so would unreasonably prevent the Client from accessing its own data.

21. Client content, market information and approvals

The Client is responsible for the accuracy, legality and approval of all real estate, suburb, comparable sales, appraisal, marketing, price, property and agency information used in the Services.

Nixsa may assist with formatting or automating delivery of content but does not verify property statements, market claims, agency compliance, licensing obligations or professional real estate advice unless expressly agreed in writing.

22. Performance, revenue and lead conversion disclaimers

Automation can improve speed, consistency, visibility and follow-up discipline, but it does not replace good sales process, market conditions, staff responsiveness, offer quality or relationship building.

Nixsa does not guarantee that the Services will generate a particular number of leads, appraisals, listings, sales, commissions, return on investment, revenue, profit, valuation increase, staff productivity result or market outcome.

Any examples, case studies, statistics, forecasts or estimates provided by Nixsa are illustrative only unless stated as binding in the Proposal.

23. Australian Consumer Law and warranties

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, warranty, right or remedy that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.

To the extent permitted by law and subject to any non-excludable rights, Nixsa excludes all implied warranties, guarantees and representations not expressly stated in these Terms or the Proposal.

24. Liability limits

To the extent permitted by law, Nixsa is not liable for indirect, consequential, special or economic loss, including loss of profit, loss of revenue, loss of opportunity, loss of goodwill, loss of anticipated savings, loss of data caused by third-party platforms, or loss arising from missed leads, except to the extent caused by Nixsa's fraud, wilful misconduct or liability that cannot be excluded by law.

To the extent permitted by law, Nixsa's total aggregate liability arising out of or in connection with an engagement is capped at the total Fees paid by the Client to Nixsa for that engagement in the 6 months before the event giving rise to the claim.

25. Indemnities

The Client indemnifies Nixsa against claims, losses, penalties, costs and expenses arising from Client Data, Client content, market information, contact lists or property information supplied by the Client, the Client's breach of privacy, spam, direct marketing, consumer, real estate, advertising or platform obligations, unauthorised changes to workflows or platform settings, staff failing to use the system as intended, or the Client's breach of these Terms or the Proposal.

Nixsa indemnifies the Client against third-party claims that the Deliverables, as supplied by Nixsa and used as authorised, infringe that third party's intellectual property rights, except to the extent the claim arises from Client content, Client instructions, Third-Party Platforms or modifications not made by Nixsa.

26. Suspension and termination

Either party may terminate an engagement by written notice if the other party commits a material breach and does not remedy it within 10 Business Days after receiving written notice requiring remedy.

Nixsa may suspend Services if the Client fails to pay invoices, fails to provide access, creates security risk, uses the Services unlawfully, breaches platform rules, or requires Nixsa to send messages or process data in a way Nixsa reasonably considers unlawful or high risk.

Monthly retainers continue until terminated in accordance with the Proposal. If the Proposal is silent, either party may terminate a monthly retainer by giving 30 days' written notice.

27. Force majeure

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, war, terrorism, pandemic, strikes, internet outages, power failures, cyber incidents, government action, platform outages, API failures or supplier failures.

28. Dispute resolution

Before commencing court proceedings, the parties must first try to resolve the dispute in good faith by written notice, senior-level discussion and, if necessary, mediation in Brisbane, Queensland.

Nothing prevents a party from seeking urgent injunctive relief, recovering undisputed debts, or taking action required to protect confidential information, intellectual property or data security.

29. Notices

Notices must be sent by email to the contact details stated in the Proposal or otherwise notified in writing.

A notice is taken to be received when sent, unless the sender receives an automated delivery failure notice, provided that a notice sent after 5:00 pm or on a non-Business Day is treated as received on the next Business Day.

30. General terms

These Terms are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth courts of Australia.

The Client must not assign the contract without Nixsa's written consent. Nixsa may assign or subcontract its rights or obligations provided it remains responsible for the Services supplied under the contract.

If any part of these Terms is invalid or unenforceable, that part is severed to the extent necessary and the remainder continues in force.

A failure to enforce a right is not a waiver of that right.

The contract contains the entire agreement between the parties for the engagement and supersedes prior discussions, proposals and representations, except to the extent expressly included in the Proposal.