Terms
Nexify Terms & Conditions
Review our Terms of Service to see how we manage projects, protect your rights, and simplify agreements - no separate contracts needed.
Last Updated: 27th February 2026
Jurisdiction: United Kingdom
Contact: support@nexifydigital.co.uk
These Terms and Conditions govern all services provided by Nexify Digital (“Developer”, “we”, “our”, “us”) to any individual, business, or organisation engaging our services (“Client”, “you”). By accepting a proposal, paying a deposit or subscription, or otherwise engaging our services, the Client agrees to be bound by these Terms.
A. General Terms of Agreement
These Terms are intended to apply to services provided to businesses, organisations, and self-employed individuals acting in the course of trade. Where services are provided to consumers, nothing in these Terms shall exclude or limit statutory rights available under UK consumer protection law, and such statutory rights shall prevail where applicable.
These Terms apply to all website design, development, and ongoing care services provided by Nexify Digital.
Any written proposal or invoice issued by Nexify Digital and referencing these Terms forms part of the Agreement between Developer and Client.
By paying any invoice or deposit, the Client confirms full acceptance of these Terms.
Where a custom contract is issued, it incorporates these Terms unless explicitly stated otherwise in writing.
B. Definitions
For the purpose of these Terms, the following definitions apply:
Agreement: The legally binding understanding between the Client and Nexify Digital, formed by these Terms together with any accepted proposal, invoice, or written contract.
Project: Website design or development work as outlined in a proposal or quotation.
Deliverables: The website, code, designs, or other outputs created by Nexify Digital for the Client.
Go-Live Date: The date on which the website is published or made publicly accessible.
Project Completion: The point at which Nexify Digital notifies the Client in writing that the website has been built to the agreed specification and is ready for launch or handover. Where the Client has concerns about whether the agreed specification has been met, these should be raised through the review process set out in Section F.
Website Care Plan: An optional monthly subscription through which Nexify Digital assumes ongoing responsibility for the Client's website, including hosting, updates, security, backups, performance, and support, as described in Section J.
Self-Managed Hosting: The arrangement whereby the Client elects to host and maintain their website independently, without ongoing involvement from Nexify Digital, as described in Section J.
Third-Party Services: External providers such as hosting companies, domain registrars, payment gateways, plugins, or licensed software tools.
Confidential Information: Any private or non-public information disclosed between the parties during the course of the Project or ongoing engagement.
C. Scope of Services
Nexify Digital designs and builds websites, then offers ongoing management and hosting through the Website Care Plan. Clients pay a one-off project fee for the build, and may then choose to continue with a monthly Website Care Plan subscription covering hosting, security, updates, and support. Alternatively, Clients may choose to self-host their website independently once the Project is complete.
The following website packages are available. All pricing is indicative and subject to formal written quotation:
a. Starter Brochure Website (from £800*)
Up to 6 custom-designed pages (additional pages available at extra cost, priced at Nexify Digital's discretion)
Mobile-responsive design
Contact forms and basic SEO setup
Performance optimisation
Built on WordPress
b. Growth Brochure Website (from £1,400*)
Everything included in the Starter Brochure package, plus:
Up to 12 custom-designed pages (additional pages available at extra cost, priced at Nexify Digital's discretion)
Blog or news system
Enhanced on-page SEO setup
Conversion-focused design
Advanced layout
Built on WordPress
c. E-Commerce Website (from £2,000*)
Full online store setup
Secure payment integration
Product and category structure
Shipping and tax configuration
Conversion-focused checkout
Built on WordPress
*All pricing is indicative only. Final fees are confirmed in a formal written quotation and may be higher or lower depending on the scope, complexity, and specific requirements of each Project.
Upon Project Completion, the Client will be invited to subscribe to the Website Care Plan. Clients who do not wish to subscribe may elect Self-Managed Hosting, as described in Section J. Nexify Digital does not offer a partial or hybrid arrangement between these two options.
Any additional features, integrations, redesigns, content population, or functionality not expressly listed in the agreed proposal are considered out of scope and must be agreed in writing and quoted separately before commencement.
D. Fees and Payment
Project fees are structured as follows unless otherwise agreed in writing:
a. A deposit of fifty percent (50%) of the agreed project fee is payable prior to commencement of work. The deposit is refundable in accordance with Section J (Cancellation and Refunds).
b. The remaining balance is due upon Project Completion, as notified by Nexify Digital in writing, and must be paid prior to the Go-Live Date or transfer of any credentials or Deliverables.Website Care Plan fees (Section J) are billed monthly in advance via recurring subscription and are payable from the Go-Live Date, where the Client has elected that arrangement.
All invoices are payable within fourteen (14) calendar days of the date of issue.
Additional costs such as domain registration, premium plugins, stock imagery, or third-party software licences are not included in project fees unless expressly specified in the proposal.
Interest will accrue on overdue invoices at eight percent (8%) above the Bank of England base rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, together with any reasonable recovery costs.
Failure to pay any outstanding invoice or Website Care Plan subscription fee may result in suspension of the Client's website and associated services. Where the Client is a business, suspension may occur without prior notice. Where the Client is a consumer, Nexify Digital will provide written notice of at least seven 7 calendar days before suspension takes effect.
Nexify Digital reserves the right to withhold website files, credentials, and Deliverables until all outstanding fees have been paid in full.
E. Client Responsibilities
The Client must appoint a single authorised representative for all communications, approvals, and decisions throughout the Project.
The Client must provide all required content, branding, product data, imagery, and other materials in a timely manner and in formats specified by Nexify Digital.
The Client is solely responsible for ensuring all provided content does not infringe any third-party intellectual property rights, data protection obligations, or applicable laws.
The Client must maintain their domain registration and ensure domain renewal does not lapse. Nexify Digital accepts no liability for website downtime or loss resulting from an expired domain.
Delays caused by the Client, including failure to provide content, approvals, or feedback, may extend delivery timelines and may result in additional charges.
If Client-caused delays exceed fourteen (14) calendar days, Nexify Digital reserves the right to suspend the Project. Reactivation may be subject to a reactivation fee and revised timelines, to be confirmed in writing.
Each party is independently responsible for compliance with applicable data protection legislation, including the UK GDPR and the Data Protection Act 2018. Nexify Digital's data handling practices are set out in its Privacy Policy, available on its website. Where Nexify Digital processes personal data on behalf of the Client in connection with a Project, the Client acknowledges that a Data Processing Agreement may be required and agrees to enter into one upon request. Nexify Digital accepts no liability for the Client's misuse or mismanagement of personal data collected through the website.
F. Development, Revisions and Testing
All development timelines provided are estimates and are subject to the timely provision of content, feedback, and approvals by the Client. Where Nexify Digital anticipates a material delay beyond the estimated timeline through no fault of the Client, it will notify the Client in writing with a revised estimated completion date as soon as reasonably practicable.
Revisions are limited to the number of rounds specified in the Client's chosen package. Additional revision rounds beyond this entitlement will be charged at Nexify Digital's standard rates.
A revision constitutes reasonable amends to the agreed design or content. A revision does not include changes to the fundamental scope, structure, or functionality of the Project, which shall be treated as out of scope and quoted separately.
Upon Project Completion, the Client is given seven (7) calendar days to review the website and report any bugs or technical issues.
Bugs reported within this seven-day review period will be resolved at no additional cost.
Requests for design changes, new features, or content amendments during or after the review period are not considered bugs and will be billed separately.
Upon written sign-off by the Client, or upon the expiry of the seven-day review period without response from the Client, the Project will be deemed complete and the website will be launched on the agreed Go-Live Date. The final balance invoice will become due at this point.
G. Intellectual Property
All Deliverables remain the intellectual property of Nexify Digital until all outstanding fees have been paid in full.
Upon receipt of full payment, ownership of the website design, content, and bespoke code transfers to the Client, with the following exceptions:
a. Third-party materials, including plugins, themes, licensed imagery, and software, remain subject to their respective licences.
b. Proprietary tools, frameworks, templates, or reusable components developed by Nexify Digital and not created exclusively for the Client remain the property of Nexify Digital.The Client is solely responsible for obtaining all necessary permissions, licences, and rights for any content, imagery, or materials provided to Nexify Digital.
Nexify Digital reserves the right to feature completed projects in its portfolio, case studies, and marketing materials, unless the Client requests otherwise in writing prior to the Go-Live Date.
Unless otherwise agreed in writing, Nexify Digital reserves the right to include a discreet credit ("Website by Nexify Digital") in the footer of the Client's website. The Client may request the removal of this credit in writing; removal may be subject to a one-off fee.
H. Service Standards
Nexify Digital shall exercise reasonable skill and care in the provision of all services, consistent with the standards reasonably expected of a professional web design and development agency operating in the United Kingdom.
What constitutes reasonable skill and care shall be assessed in the context of the specific Project, its complexity, and the information and materials provided by the Client. Where a Client believes this standard has not been met, they are encouraged to raise the matter in the first instance through good-faith communication, and if unresolved, through the dispute resolution process in Section O.
Nexify Digital will use reasonable endeavours to meet the following service standards:
a. Responding to Client emails and support requests within two (2) business days where reasonably practicable.
b. Notifying the Client if a Project milestone is expected to be significantly delayed through no fault of the Client, and providing a revised estimated timeline where possible.
c. Using reasonable endeavours to keep the Client's website operational and accessible at all times where the Website Care Plan is active, subject to the limitations set out in Section H.4 and Section J.Nexify Digital does not guarantee one hundred percent (100%) uptime or uninterrupted website operation. Planned maintenance, third-party infrastructure issues, or circumstances beyond Nexify Digital's reasonable control may result in temporary unavailability.
These service standards apply only while the Website Care Plan is active or during the active development phase of a Project. They do not apply to websites under the Self-Managed Hosting arrangement.
I. Liability & Indemnity
J. Ongoing Website Arrangements
Upon Project Completion, the Client will be invited to choose one of the two ongoing arrangements set out in this Section. Nexify Digital does not provide partial or hybrid arrangements — the Client either subscribes to the Website Care Plan or elects Self-Managed Hosting.
OPTION A — WEBSITE CARE PLAN (MANAGED BY NEXIFY DIGITAL)
Under the Website Care Plan, Nexify Digital assumes full ongoing responsibility for the Client's website. This includes hosting on Nexify Digital's managed infrastructure, keeping WordPress, plugins, and themes updated, monitoring security, maintaining backups, and providing support and minor content updates. The Client does not need to manage the technical upkeep of their website — Nexify Digital handles it entirely.
a. Plan Tiers and Pricing:
Starter Brochure Website Care Plan — £49 per month
Hosting on Nexify Digital's fully managed infrastructure
Monthly WordPress, plugin, and theme updates
Security monitoring and vulnerability scanning
Regular automated backups
Uptime monitoring
Email support
One minor content update per month
Growth Brochure Website Care Plan — £49 per month
Hosting on Nexify Digital's fully managed infrastructure
Monthly WordPress, plugin, and theme updates
Security monitoring and vulnerability scanning
Regular automated backups
Uptime monitoring
Email support
One minor content update per month
E-Commerce Website Care Plan — £99 per month
Hosting on Nexify Digital's fully managed infrastructure
Weekly WordPress, plugin, and theme updates
Advanced security and fraud monitoring
Frequent automated backups
Performance optimisation
E-commerce store support
Priority email support
One minor content update per month
All pricing is subject to change with thirty (30) days' written notice to the Client.
b. Minimum Term and Cancellation Notice: The Website Care Plan is a rolling monthly subscription with no fixed minimum term. Either party may cancel by providing thirty (30) days' written notice. Cancellation will take effect at the end of the notice period, after which no further charges will be applied and services will cease at the end of the final paid billing cycle.
c. What is Included: The Website Care Plan covers only the services listed in the relevant tier above. New features, redesigns, rebranding, significant content overhauls, and marketing campaigns are excluded and will be quoted separately.
d. Fair Use: Each plan includes one (1) minor content update per month, defined as small text amendments, image swaps, or equivalent low-complexity changes. Requests exceeding this allowance will be scoped and billed at standard rates.
e. Unauthorised Modifications: The Client must not install plugins, alter theme files, modify core configuration files, or grant website backend access to third parties without prior written approval from Nexify Digital. Nexify Digital accepts no responsibility for issues or security vulnerabilities caused by unauthorised modifications. Any remedial work required as a result will be charged as new work.
f. Breakages and Restorations:
i. If an issue is caused directly by Nexify Digital during a scheduled maintenance task, it will be resolved at no additional charge.
ii. If a plugin update, theme conflict, or software incompatibility causes a failure, Nexify Digital will use available backups to restore functionality within the scope of the Plan. Where a full rebuild or extensive remedial work is required beyond backup restoration, this will be quoted and billed separately.
iii. If a breakage is caused by the Client, the Client's staff, or any third party acting on the Client's behalf, all recovery or rebuild work will be scoped and billed as new work.g. Payment and Billing: Website Care Plan fees are billed monthly in advance via recurring subscription. Late or failed payments will result in suspension of the website. Suspended websites will not be reactivated until all outstanding fees are settled. No partial or pro-rated refunds are issued.
h. Cancellation by the Client: The Client may cancel their Website Care Plan at any time by providing thirty (30) days' written notice to Nexify Digital at support@nexifydigital.co.uk. No refund is issued for the current paid period. Services remain active through the notice period and until the end of the final paid billing cycle. Upon cancellation, and subject to all outstanding fees being settled, Nexify Digital will provide the Client with their website files and a full database export within fourteen (14) calendar days of the cancellation taking effect. Following the end of the final paid billing cycle, the website will be removed from Nexify Digital's servers. Nexify Digital has no ongoing obligation to retain website data beyond this point.
i. Termination by Nexify Digital: Nexify Digital may suspend or terminate the Website Care Plan immediately in the event of non-payment, material breach of these Terms, or abusive conduct directed at Nexify Digital staff. No refund will be issued, and all service obligations cease immediately.
j. Reactive and Emergency Requests: The Website Care Plan is designed for routine, preventative care — not emergency repair of pre-existing issues. Nexify Digital reserves the right to decline, or separately quote for, any request submitted within seven (7) days of a new subscription where the issue pre-dates the subscription or arises from a period during which no active Plan was in place.
k. Infrastructure and Hosting Provider: Nexify Digital currently hosts Client websites on infrastructure provided by Krystal. In the event that Krystal ceases to operate, materially changes its terms or pricing, or is otherwise unable to provide the required services, Nexify Digital reserves the right to migrate Client websites to an alternative hosting provider of equivalent or greater quality. Nexify Digital will provide the Client with at least fourteen (14) days' written notice of any such migration. Nexify Digital is not liable for any disruption caused by the actions or failures of the underlying hosting provider, provided that Nexify Digital takes reasonable steps to restore service as quickly as possible.
OPTION B — SELF-MANAGED HOSTING (CLIENT RESPONSIBILITY)
Clients who prefer to manage their own website independently may elect the Self-Managed Hosting arrangement. Under this option, Nexify Digital has no ongoing involvement in the hosting, security, updates, performance, or upkeep of the Client's website. The Client assumes full and sole responsibility for all of the above from the point of handover.
a. Upon Project Completion and receipt of full payment, Nexify Digital will provide the Client with their website files and a full database export to transfer to a hosting provider of the Client's choosing.
b. Nexify Digital does not recommend, configure, or manage third-party hosting environments on behalf of the Client. The Client is entirely responsible for setting up and maintaining their own hosting.
c. From the date of handover, Nexify Digital accepts no responsibility whatsoever for the performance, security, uptime, integrity, or availability of the Client's website.
d. Any future work requested by the Client — including updates, fixes, redesigns, or support — will be treated as a new Project and quoted accordingly.
e. Clients who elect Self-Managed Hosting and subsequently wish to return to the Website Care Plan may apply to do so, subject to the following conditions:
i. Nexify Digital will carry out a site assessment prior to agreeing to any onboarding. The cost of this assessment will be confirmed in writing in advance.
ii. Following the assessment, Nexify Digital reserves the right to either: (a) refuse to onboard the website entirely, at its sole discretion; or (b) require that any identified issues, damage, or remedial work be resolved and paid for in full before the Website Care Plan commences.
iii. Nexify Digital is under no obligation to accept any self-hosted Client back onto the Website Care Plan under any circumstances.
K. Cancellation & Refunds
Either party may cancel a Project at any time by providing written notice to the other party.
Where the Client cancels a Project before work has commenced, the deposit is refunded in full within fourteen (14) calendar days.
Where the Client cancels a Project after work has commenced, a refund will be calculated based on the value of work completed at the point of cancellation, as reasonably assessed by Nexify Digital. Upon request, Nexify Digital will provide the Client with a written breakdown of work completed and the basis for the refund calculation. The Client will receive a refund of any amount paid that exceeds the value of work completed. Where the value of work completed equals or exceeds the deposit, no refund will be due.
Where Nexify Digital cancels a Project through no fault of the Client, the Client will receive a full refund of all fees paid within fourteen (14) calendar days.
Nexify Digital may terminate a Project or Website Care Plan immediately and without notice in the event of:
a. Non-payment of any outstanding invoice or subscription fee.
b. Material breach of any provision of these Terms.
c. Conduct by the Client that is abusive, threatening, or otherwise unreasonable towards Nexify Digital staff.In the event of termination under this clause, no refund of fees already paid will be issued.
Upon termination of the Website Care Plan for any reason, the Client's website will be suspended. Website files and data will be made available to the Client only upon settlement of all outstanding fees.
L. Data Protection
Both parties shall comply with all applicable data protection legislation, including the UK GDPR and the Data Protection Act 2018, in connection with their respective obligations under these Terms.
Nexify Digital's general data handling practices, including how it processes personal data relating to its own clients and contacts, are set out in its Privacy Policy, available at nexifydigital.co.uk.
In the context of website development and hosting, the Client is the data controller in respect of any personal data collected through their website (for example, contact form submissions or customer data). Nexify Digital may, in the course of hosting or maintaining the Client's website, have incidental access to such personal data, in which case Nexify Digital acts as a data processor on behalf of the Client.
Where Nexify Digital processes personal data on behalf of the Client, it shall:
a. Process that data only on the documented instructions of the Client and as necessary to perform its obligations under these Terms.
b. Implement appropriate technical and organisational measures to protect personal data against unauthorised or unlawful processing and against accidental loss, destruction, or damage.
c. Not transfer personal data outside of the United Kingdom without appropriate safeguards in place.
d. Notify the Client without undue delay upon becoming aware of a personal data breach affecting the Client's data.The Client is solely responsible for ensuring their website complies with applicable data protection law, including displaying an appropriate privacy policy and cookie notice, obtaining necessary consents, and registering with the ICO where required.
Where the nature of a Project requires a more detailed Data Processing Agreement, either party may request that one be put in place. Nexify Digital will not unreasonably refuse such a request.
M. Confidentiality
Both parties agree to keep all Confidential Information received from the other party strictly private and confidential during the Project and for a period of twelve (12) months following its conclusion.
Neither party shall disclose Confidential Information to any third party without the prior written consent of the disclosing party, except where required to do so by law or by order of a competent court.
Confidentiality obligations do not apply to information that is or becomes publicly known through no fault of the receiving party, or that the receiving party can demonstrate was already in its possession prior to disclosure.
N. Force Majesture
Neither party shall be liable for any delay or failure to perform their obligations under these Terms where such delay or failure results from events beyond that party's reasonable control, including but not limited to natural disasters, pandemics, acts of government, industrial action, or infrastructure outages.
The affected party must notify the other party in writing as soon as reasonably practicable upon becoming aware of a force majeure event.
If a force majeure event continues for a period exceeding thirty (30) days, either party may terminate the Agreement by providing fourteen (14) days' written notice to the other party.
O. Dispute Resolution
In the event of a dispute arising out of or in connection with these Terms or any Agreement formed under them, the parties shall first seek to resolve the matter through good-faith negotiation.
If the dispute cannot be resolved through negotiation within thirty (30) days of written notice being given by either party, the parties may agree to refer the matter to a mutually acceptable mediator in the United Kingdom.
The costs of mediation shall be shared equally between the parties unless otherwise agreed.
Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief from the courts where necessary to protect their interests.
P. Governing Law
These Terms and any Agreement formed under them are governed by and construed in accordance with the laws of England and Wales.
Any dispute not resolved through the process set out in Section O shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Q. Updates to Terms
Nexify Digital reserves the right to revise these Terms at any time.
Updated Terms will be published on the Nexify Digital website and, where the change materially affects the Client's rights or obligations, notified to existing Clients by email with a minimum of thirty (30) days' notice prior to the changes taking effect.
Continued engagement with Nexify Digital's services after the effective date of any updated Terms constitutes acceptance of those updated Terms. If a Client does not accept the updated Terms, they must notify Nexify Digital in writing before the effective date.
P. Entire Agreement
These Terms, together with any proposal, quotation, or invoice referencing them, constitute the entire agreement between Nexify Digital and the Client with respect to the subject matter herein.
These Terms supersede all prior negotiations, representations, communications, or understandings between the parties, whether written or oral.
No variation to these Terms shall be effective unless agreed in writing and signed by an authorised representative of Nexify Digital.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
No failure or delay by either party in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy, nor shall it prevent or restrict further exercise of that or any other right or remedy.