These Terms & Conditions ("Terms") govern your use of the website nexiata.com (the "Site") and any web design, development, maintenance or related services ("Services") provided by NEXIATA ("we", "us", "our"), a web engineering agency operating from the United States. By using the Site or engaging our Services, you agree to these Terms.
1. Services
We provide web engineering services including, but not limited to: business websites, e-commerce stores, web applications, admin dashboards, API and payment integrations, performance optimization, code review, bug fixing and ongoing maintenance. The exact scope, deliverables, timeline and price of each project are defined in a written proposal, quote or agreement ("Project Agreement") provided before work begins. If a Project Agreement conflicts with these Terms, the Project Agreement prevails.
2. Quotes, Payment & Deposits
- Quotes are valid for 30 days from the date issued unless stated otherwise.
- Projects typically require a deposit (commonly 50%) before work begins, with the balance due on completion and before final handover or deployment to your production domain.
- Recurring services (maintenance, hosting management) are billed in advance and continue until cancelled with written notice.
- Invoices are payable within the period stated on the invoice. We may pause work on overdue accounts, and unpaid deliverables remain our property until paid in full.
- Fees for third-party services (domains, hosting, paid APIs, licenses) are your responsibility unless stated otherwise in the Project Agreement.
3. Client Responsibilities
- Provide the content, materials, feedback and approvals needed for the project in a timely manner. Long delays may affect the timeline and, in extended cases, may require re-quoting.
- Ensure you own or are licensed to use all text, images, logos, fonts and other materials you supply to us.
- Maintain the confidentiality of any credentials we hand over, and keep your own accounts (domain registrar, hosting, email) secure.
4. Revisions & Scope Changes
Each project includes the number of revision rounds stated in its Project Agreement. Requests that go beyond the agreed scope (new pages, new features, redesigns of approved work) are treated as change requests and quoted separately before we build them. We'll always tell you before anything becomes billable.
5. Intellectual Property
- Upon full payment, ownership of the final, custom deliverables created specifically for your project transfers to you.
- We retain ownership of our pre-existing tools, frameworks, code libraries and know-how used to build the deliverables; you receive a perpetual license to use them as part of your project.
- Open-source components remain governed by their respective licenses.
- Unless you request otherwise in writing, we may display completed work in our portfolio and marketing materials.
6. Third-Party Services
Websites depend on services we do not control: hosting platforms, domain registrars, payment processors, email providers, APIs and analytics tools. Each has its own terms and fees. We are not responsible for outages, pricing changes, feature removals or data practices of third-party providers, though we will always help you migrate or adapt if a provider changes.
7. Content & Acceptable Use
You are responsible for the legality and accuracy of all content published on your site. We reserve the right to decline projects or content that are unlawful, infringing, deceptive or harmful. You agree not to misuse the Site, including attempting to breach its security, scrape it abusively, or submit spam through its forms.
8. Warranties & Disclaimers
- We perform all Services with professional skill and care, and we fix defects in our own work reported within 30 days of launch free of charge.
- Beyond that, the Site and Services are provided "as is" without warranties of any kind, express or implied.
- We do not guarantee specific search-engine rankings, traffic levels or revenue outcomes; no honest agency can.
9. Limitation of Liability
To the maximum extent permitted by law, our total liability arising out of or related to the Services is limited to the amount you paid us for the specific project giving rise to the claim. We are not liable for indirect, incidental, consequential or punitive damages, including lost profits, lost data or business interruption.
10. Indemnification
You agree to indemnify and hold us harmless from claims arising out of content or materials you supplied, your use of the deliverables in violation of law, or your breach of these Terms.
11. Termination
Either party may terminate a project with written notice. On termination, you pay for all work completed up to the notice date; amounts already paid for completed phases are non-refundable. Sections on intellectual property, liability and indemnification survive termination.
12. Privacy
Information submitted through our contact form (name, email, message) is used solely to respond to your enquiry and deliver our Services. We do not sell your personal information. Transactional emails are delivered through our email provider strictly for that purpose.
13. Governing Law
These Terms are governed by the laws of the United States and the state in which NEXIATA is registered, without regard to conflict-of-law rules. Any dispute will first be attempted to be resolved in good faith between the parties.
14. Changes to These Terms
We may update these Terms from time to time. The "Last Updated" date at the top reflects the current version, and continued use of the Site or Services after a change constitutes acceptance.
15. Contact
Questions about these Terms? Reach us at hello@nexiata.com or via the contact page.