Legal

Terms of Service

Last updated: July 2025  Β·  NextShift Digital

Please read these Terms of Service carefully before engaging NextShift Digital for any services. By booking a discovery call, signing a proposal, or engaging our services in any way, you agree to be bound by these terms. If you have any questions, email us at [email protected] before proceeding.

1 About NextShift Digital

NextShift Digital ("we", "us", "our") is a digital marketing consultancy founded and operated by Jhun Tupaz, based in the Philippines. We specialise in GoHighLevel (GHL) CRM setup, marketing automation, funnel design, and AI-powered marketing strategy, primarily serving clients in Australia, New Zealand, and worldwide.

These Terms of Service govern all services provided by NextShift Digital to clients ("you", "the client", "your business") regardless of your location.

2 Services

NextShift Digital provides digital marketing services including but not limited to:

  • GoHighLevel (GHL) website and funnel design and development
  • CRM setup, pipeline configuration, and workflow automation
  • Email and SMS campaign management and automation
  • Reputation management and review automation
  • AI-powered lead generation strategies and systems
  • GHL onboarding, training, and ongoing support
  • Digital marketing strategy and consultation

The specific scope of services for each engagement is defined in a written proposal or service agreement signed by both parties. In the event of any conflict between these Terms and a signed proposal, the signed proposal takes precedence.

3 Engagement and Payment

Project commencement: Work begins only after a signed proposal or written agreement has been received and an agreed deposit or full payment has been made.

Payment terms: Unless otherwise specified in your proposal, payment terms are as follows:

  • A deposit of 50% of the total project fee is required before work commences
  • The remaining 50% is due upon project completion, before final files or access are handed over
  • Monthly retainer fees are due on the first day of each service month

Currency: All fees are quoted and invoiced in Australian Dollars (AUD) unless otherwise agreed in writing.

Late payments: Payments not received within 14 days of the due date may result in suspension of work until payment is received. NextShift Digital reserves the right to charge a late fee of 1.5% per month on outstanding balances.

Refunds: Deposits are non-refundable once work has commenced. If a project is cancelled by the client after work has begun, the client is liable for payment of all work completed to the date of cancellation.

4 Client Responsibilities

To enable NextShift Digital to deliver services effectively, you agree to:

  • Provide timely access to required accounts, platforms, and assets (logos, brand assets, copy, images) as requested
  • Respond to questions and review requests within 5 business days to avoid delays
  • Ensure all content, images, and materials you provide are owned by you or that you have the right to use them
  • Maintain an active GoHighLevel subscription (where applicable) and ensure billing is current
  • Provide accurate business information required for setup and configuration

Project timelines are dependent on timely client input. NextShift Digital is not responsible for delays caused by late provision of materials or approvals.

5 Intellectual Property

Your content: All content, logos, trademarks, and materials you provide to NextShift Digital remain your property. You grant us a limited licence to use them solely for the purpose of delivering your project.

Delivered work: Upon receipt of full payment, all custom work product created specifically for your project (funnels, automations, email templates, copy) becomes your property.

Our tools and frameworks: NextShift Digital retains ownership of any proprietary frameworks, templates, systems, methodologies, and tools used in the delivery of services. These are licensed to you for use in your business, not transferred.

Portfolio use: Unless you expressly request otherwise in writing, NextShift Digital reserves the right to reference your project in our portfolio, case studies, and marketing materials. We will never disclose confidential business data.

6 Confidentiality

Both parties agree to keep confidential all non-public business information shared during the engagement. NextShift Digital will not share your business data, strategies, pricing, or client information with any third party except as required to deliver the services (e.g. the GoHighLevel platform, Zoom, Google).

This confidentiality obligation survives termination of the engagement.

7 Third-Party Platforms

Our services often involve third-party platforms including GoHighLevel, Zoom, Google Workspace, Zapier, and others. NextShift Digital is not responsible for:

  • Downtime, outages, or changes to third-party platforms
  • Changes in third-party pricing, terms, or features
  • Data loss or security breaches on third-party platforms
  • Any costs associated with your subscriptions to third-party services

You are responsible for maintaining your own subscriptions to any third-party platforms required for your project.

8 Limitation of Liability

To the maximum extent permitted by applicable law, NextShift Digital's total liability to you for any claim arising out of or in connection with our services shall not exceed the total fees paid by you to NextShift Digital in the three months preceding the claim.

NextShift Digital shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of revenue, loss of profits, loss of data, or loss of business opportunity, even if we have been advised of the possibility of such damages.

We do not guarantee specific business outcomes, lead volumes, revenue increases, or conversion rates. Marketing results depend on many factors outside our control including market conditions, your product or service quality, competition, and customer behaviour.

9 Termination

By the client: You may terminate an engagement by providing 14 days written notice. You remain liable for all fees for work completed up to the termination date, including any portion of retainer fees for the current month.

By NextShift Digital: We reserve the right to terminate an engagement immediately if: payment obligations are not met, the client engages in abusive, threatening, or unlawful behaviour, or continuing the engagement would require us to act unlawfully or unethically.

Upon termination, all completed work product paid for in full will be delivered to you within 10 business days.

10 Governing Law

These Terms are governed by the laws of the Republic of the Philippines. Both parties submit to the non-exclusive jurisdiction of the courts of the Philippines for resolution of any disputes.

For clients in Australia and New Zealand, nothing in these Terms limits any rights you may have under applicable consumer protection legislation, including the Australian Consumer Law and the New Zealand Consumer Guarantees Act.

11 Changes to These Terms

NextShift Digital reserves the right to update these Terms of Service at any time. The updated version will be posted on this page with a revised "last updated" date. Continued use of our services after changes are posted constitutes your acceptance of the revised terms.

12 Contact

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

  • Email: [email protected]
  • Phone: +63 956 266 8744
  • Business hours: Monday–Saturday, 9:00 AM–6:00 PM PHT