Legal

Terms of Service

By using any NXDH service, you agree to these terms. They are written plainly — not to confuse you, but to protect both parties.

Last updated: March 2026 · NXDH Next Day Heroes · ABN Registered · Perth, Western Australia
1. Who These Terms Apply To

These Terms of Service apply to all clients and users of NXDH Next Day Heroes services, including game server hosting, web hosting, web design, developer VPS, and IT solutions. "NXDH", "we", "us", and "our" refers to NXDH Next Day Heroes, ABN registered, Perth, Western Australia. "Client", "you", and "your" refers to any individual or business using our services.

2. Service Delivery

We will use reasonable efforts to keep services available 24/7 with a target uptime of 99.9%. We perform daily scheduled maintenance at 4:00 AM AWST (UTC+8) which includes server restarts and world backups. This window typically lasts 5–15 minutes and is excluded from uptime calculations.

Game server clients receive access to the Pterodactyl management panel at panel.nxdh.com.au. Web hosting clients receive Virtualmin panel access. Credentials are delivered securely after payment is confirmed.

We reserve the right to modify, suspend, or discontinue any service with reasonable notice (30 days minimum) except where required to respond to security incidents, legal obligations, or force majeure events.

3. Payment & Billing
  • All services are billed monthly in advance in AUD via Invoice Ninja with Stripe or PayPal as the payment processor.
  • Invoices are due within 7 days of issue. Services may be suspended for non-payment after a 7-day grace period following the due date.
  • GST (10%) will be applied to invoices once NXDH is GST-registered (required when annual turnover exceeds $75,000 AUD).
  • Prices may change with 30 days written notice to active clients. You may cancel before the new price takes effect without penalty.
4. Acceptable Use Policy

All clients and players on NXDH-hosted game servers agree to the following rules. Violations may result in immediate suspension or termination without refund.

  • No cheating or exploiting: use of third-party cheats, mesh abuse, duplication exploits, or any unauthorised modification of the game client or server results in immediate permanent ban with no refund.
  • No griefing: intentional destruction of other players' bases or property in a way that violates the server's stated PvP/PvE rules is prohibited.
  • No harassment: racial, sexual, personal, or targeted harassment in-game or in our Discord results in immediate ban.
  • No DDoS or server attacks: any attempt to attack, disrupt, or degrade NXDH infrastructure or any other service will be reported to Australian law enforcement and results in immediate permanent ban.
  • No illegal content: hosting, transmitting, or facilitating illegal content of any kind is strictly prohibited and will result in immediate service termination and reporting to relevant authorities.
  • Fair play: report bugs to the NXDH team rather than exploiting them. Good-faith bug reports are welcomed.
5. Backups & Data

NXDH operates a three-layer backup system: daily local backups (7-day retention), daily Backblaze B2 cloud sync (30-day retention), and weekly VPS snapshots. Backups are provided as a best-effort service. While we test restores regularly, we cannot guarantee zero data loss in all circumstances.

Clients are encouraged to maintain their own local copies of critical data. NXDH is not liable for data loss resulting from client actions, game bugs, or events outside our reasonable control.

6. Limitation of Liability

To the maximum extent permitted by Australian law, NXDH's total liability for any claim arising from our services is limited to the total amount you paid for the service in the month the issue occurred. We are not liable for indirect, consequential, or special damages including loss of profits, loss of data, or business interruption.

Nothing in these terms limits our liability for fraud, death or personal injury caused by our negligence, or any liability that cannot be excluded under the Australian Consumer Law.

7. Termination

Either party may terminate a service subscription at any time. Clients may cancel via email to [email protected] or via a support ticket. NXDH may terminate service for breach of these terms, non-payment, or activities that threaten the integrity or security of our infrastructure.

Upon termination, client data will be retained for 30 days to allow for data retrieval, after which it will be permanently deleted. Legal and billing records are retained as required by Australian law.

8. Governing Law

These terms are governed by the laws of Western Australia and the Commonwealth of Australia. Any disputes will be resolved under Australian law. For consumer disputes, the Australian Consumer Law provides additional protections that these terms do not override.

9. Contact

For questions about these terms, contact us at [email protected]. We respond within one AWST business day (Mon–Fri 9am–5pm AWST).