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Terms

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Nexify Terms & Conditions

Review our Terms of Service to see how we manage projects, protect your rights, and simplify agreements - no separate contracts needed.

Effective Date: 3 October 2025
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.

  1. General Terms of Engagement

  1. 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.

  2. These Terms apply to all website design, development, and maintenance services provided by Nexify Digital.

  3. Any written proposal or invoice issued by Nexify Digital and referencing these Terms forms part of the Agreement between Developer and Client.

  4. By paying any invoice, deposit, or subscription fee, the Client confirms acceptance of these Terms.

  5. Where a custom contract is issued, it incorporates these Terms unless explicitly stated otherwise.

B. Definitions

For the purpose of these Terms, the following definitions apply:

  1. Agreement: The legally binding understanding between the Client and Nexify Digital, formed by these Terms together with any accepted proposal, invoice, or contract.

  2. Project: Website design or development work as outlined in a proposal or quotation.

  3. Deliverables: The website, code, designs, or other outputs created by Nexify Digital.

  4. Go-Live Date: The date on which a website is published or made publicly accessible.

  5. Maintenance Plan: A subscription service for ongoing website care as described in Section I.

  6. Third-Party Services: External providers such as hosting companies, domain registrars, payment gateways, plugins, or licensed tools.

  7. Confidential Information: Any private or non-public information disclosed between the parties during the Project.

C. Scope of Services

  1. Nexify Digital provides website design and development services under the following packages:

a. Business Website (from £0*) - *Pricing is indicative only and subject to quotation.

  • Unlimited pages (the more pages, the higher the price)

  • Mobile responsive design

  • Professional modern layout

  • Contact form integration

  • Google Maps and social links

  • Basic SEO setup

  • Hosting setup

  • One round of revisions

b. E-Commerce Website (from £1,500) - *Pricing is indicative only and subject to quotation.

  • Includes all Business Website features

  • Shopify or WooCommerce setup

  • Secure payment gateway integration

  • Shopping cart and checkout system

  • Unlimited products (pricing may increase for listings exceeding 50, at our discretion and within reason)

  • Inventory and order management

  • Customer account system

  • Two rounds of revisions

  1. Hosting setup refers to the initial configuration of hosting environments only. Ongoing hosting performance, security, uptime, and availability are the responsibility of the hosting provider once setup is complete, unless otherwise agreed in writing.

  2. Any additional features, integrations, redesigns, content population, third-party services, or functionality not expressly listed are considered out-of-scope.

  3. Out-of-scope work may be quoted separately and approved in writing before commencement.

D. Fees and Payment

  1. Project fees are payable as follows unless otherwise agreed in writing:
    a. 50 percent deposit prior to commencement of work. Deposits are non-refundable once work has commenced.
    b. The remaining balance is payable upon completion, prior to the Go-Live Date or transfer of ownership.

  1. Maintenance fees are billed monthly or annually in advance as outlined in Section I.

  2. All invoices are payable within 14 calendar days of issue.

  3. Additional costs such as hosting, domain registration, premium plugins, stock images, or third-party services are not included unless specified.

  4. Nexify Digital reserves the right to charge interest and administrative fees on overdue invoices. Interest will accrue at 8% above the Bank of England base rate in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, together with reasonable recovery costs.

  5. Failure to pay may result in suspension or withdrawal of services.

E. Client Responsibilities

  1. The Client must appoint a single representative for communication and approvals.

  2. The Client must provide all content, branding, product data, and required materials in a timely manner.

  3. The Client is responsible for ensuring all provided content does not infringe third-party rights.

  4. The Client is responsible for maintaining hosting and domain accounts unless otherwise agreed.

  5. Delays caused by the Client, including failure to provide content, approvals, or feedback, may extend delivery timelines and increase costs.

  6. 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.

  7. Each party is responsible for compliance with applicable data protection laws, including the UK GDPR. Nexify Digital acts as a data processor only when explicitly engaged to do so in writing and accepts no liability for Client misuse or mismanagement of personal data collected through the website.

F. Development, Revisions and Testing

  1. Development timelines are estimates and depend on timely Client cooperation.

  2. The Client is entitled to revisions as per the chosen package. Additional revisions may incur charges.

  3. After completion, the Client has seven calendar days to review and report bugs.

  4. Bug fixes reported within this period will be resolved at no cost.

  5. Requests outside of bug fixes, such as design changes or new features, will be billed separately.

  6. Once approved, the website will be launched on the agreed Go-Live Date.

G. Intellectual Property

  1. All Deliverables remain the property of Nexify Digital until full payment is received.

  2. Upon full payment, ownership of the website design, content, and code transfers to the Client, excluding:
    a. Third-party materials, which remain subject to their respective licenses.
    b. Proprietary tools, frameworks, or reusable components created by Nexify Digital.

  3. The Client is responsible for securing permissions and rights for all provided content.

  4. Nexify Digital reserves the right to showcase completed projects in its portfolio unless otherwise agreed.

  5. Unless otherwise agreed in writing, Nexify Digital reserves the right to include a discreet credit link (“Website by Nexify Digital”) in the footer of the Client’s website.

H. Liability and Indemnity

  1. Nexify Digital shall exercise reasonable skill and care in providing services.

  2. Nexify Digital does not guarantee uninterrupted website operation or one hundred (100) percent uptime.

  3. Nexify Digital shall not be liable for:
    a. Downtime, loss of data, or outages caused by hosting providers or third parties.
    b. Issues caused by modifications made by the Client or third parties after handover.
    c. Loss of business, revenue, or any indirect or consequential damages.

  4. Liability is capped at the total fees paid by the Client for the relevant Project, or, in the case of Maintenance Plans, the fees paid in the preceding thirty (30) days.

  5. The Client indemnifies Nexify Digital against claims arising from Client-provided content.

  6. Except as expressly set out in these Terms, all warranties, conditions, or representations (whether express or implied by statute, common law, or otherwise) are excluded to the fullest extent permitted by law.

  7. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

I. Website Maintenance Terms of Service

  1. Nexify Digital offers Maintenance Plans for websites built by us. Subscription is optional but recommended.

a. Business Maintenance, £30 per month

  • Monthly updates of CMS, plugins, and themes

  • Security checks and vulnerability monitoring

  • Regular backups

  • Uptime monitoring

  • Basic support

  • One minor content update per month

b. E-Commerce Maintenance, £75 per month

  • Weekly updates of CMS, plugins, and themes

  • Security and fraud monitoring

  • Frequent backups

  • Performance optimisation

  • E-commerce store support

  1. Scope of Maintenance: Maintenance covers only the services listed. New features, redesigns, rebranding, or marketing campaigns are excluded.

  2. Fair Use Policy: Plans include one minor content change per month. Larger or excessive requests may be billed separately.

  3. Third-Party Modifications: Clients must not install plugins, alter theme files, or change core configurations without written approval. Nexify Digital is not responsible for issues caused by unauthorised changes. If such actions render the website unusable, restoration or rebuild work will be billed separately.

  4. Breakages and Restorations:
    a. If an error is caused directly by Nexify Digital during maintenance, it will be corrected or restored at no additional charge.
    b. If a plugin, update, or software conflict causes failure, Nexify Digital will use backups to restore functionality within the Maintenance Plan. Where a full rebuild, custom fixes, or extensive remedial work is required, this will be billed separately.
    c. If a client’s actions or third-party developers cause breakage, recovery or rebuild will be quoted as new work.

  5. Payment and Billing: Maintenance fees must be paid in advance. Late or failed payments may result in suspension. No partial or pro-rated refunds are issued.

  6. Clients may cancel their Maintenance Plan at any time through their Stripe subscription dashboard or by providing written notice to Nexify Digital. Cancellation will stop future payments but does not trigger a refund of the current billing period. Services will continue until the end of the billing cycle already paid for. Nexify Digital may suspend or terminate a Maintenance Plan immediately in the event of non-payment, breach of these Terms, or abusive conduct. In such cases, no refunds will be issued for any remaining period of the billing cycle, and all obligations to continue providing the service shall cease immediately.

  7. Client Responsibilities: The Client must maintain hosting and domain accounts and provide access credentials when required.

  8. Limitation of Liability: Nexify Digital shall not be liable for downtime, hosting failures, plugin conflicts, or business losses. Liability is capped at the fees paid in the preceding 30 days.

  9. Reactive Maintenance and Fair Use: Maintenance Plans are designed for ongoing preventative care and support, not for emergency repair-only use. Nexify Digital reserves the right to decline or delay maintenance requests submitted within seven (7) days of a new subscription if the issue or fault pre-dates the subscription or arises from periods without an active Maintenance Plan. In such cases, remedial work may be quoted separately as new work at standard hourly or project rates.

  1. Nexify Digital offers Maintenance Plans for websites built by us. Subscription is optional but recommended.

a. Business Maintenance, £30 per month

  • Monthly updates of CMS, plugins, and themes

  • Security checks and vulnerability monitoring

  • Regular backups

  • Uptime monitoring

  • Basic support

  • One minor content update per month

b. E-Commerce Maintenance, £75 per month

  • Weekly updates of CMS, plugins, and themes

  • Security and fraud monitoring

  • Frequent backups

  • Performance optimisation

  • E-commerce store support

  1. Scope of Maintenance: Maintenance covers only the services listed. New features, redesigns, rebranding, or marketing campaigns are excluded.

  2. Fair Use Policy: Plans include one minor content change per month. Larger or excessive requests may be billed separately.

  3. Third-Party Modifications: Clients must not install plugins, alter theme files, or change core configurations without written approval. Nexify Digital is not responsible for issues caused by unauthorised changes. If such actions render the website unusable, restoration or rebuild work will be billed separately.

  4. Breakages and Restorations:
    a. If an error is caused directly by Nexify Digital during maintenance, it will be corrected or restored at no additional charge.
    b. If a plugin, update, or software conflict causes failure, Nexify Digital will use backups to restore functionality within the Maintenance Plan. Where a full rebuild, custom fixes, or extensive remedial work is required, this will be billed separately.
    c. If a client’s actions or third-party developers cause breakage, recovery or rebuild will be quoted as new work.

  5. Payment and Billing: Maintenance fees must be paid in advance. Late or failed payments may result in suspension. No partial or pro-rated refunds are issued.

  6. Clients may cancel their Maintenance Plan at any time through their Stripe subscription dashboard or by providing written notice to Nexify Digital. Cancellation will stop future payments but does not trigger a refund of the current billing period. Services will continue until the end of the billing cycle already paid for. Nexify Digital may suspend or terminate a Maintenance Plan immediately in the event of non-payment, breach of these Terms, or abusive conduct. In such cases, no refunds will be issued for any remaining period of the billing cycle, and all obligations to continue providing the service shall cease immediately.

  7. Client Responsibilities: The Client must maintain hosting and domain accounts and provide access credentials when required.

  8. Limitation of Liability: Nexify Digital shall not be liable for downtime, hosting failures, plugin conflicts, or business losses. Liability is capped at the fees paid in the preceding 30 days.

  9. Reactive Maintenance and Fair Use: Maintenance Plans are designed for ongoing preventative care and support, not for emergency repair-only use. Nexify Digital reserves the right to decline or delay maintenance requests submitted within seven (7) days of a new subscription if the issue or fault pre-dates the subscription or arises from periods without an active Maintenance Plan. In such cases, remedial work may be quoted separately as new work at standard hourly or project rates.

  1. Nexify Digital offers Maintenance Plans for websites built by us. Subscription is optional but recommended.

a. Business Maintenance, £30 per month

  • Monthly updates of CMS, plugins, and themes

  • Security checks and vulnerability monitoring

  • Regular backups

  • Uptime monitoring

  • Basic support

  • One minor content update per month

b. E-Commerce Maintenance, £75 per month

  • Weekly updates of CMS, plugins, and themes

  • Security and fraud monitoring

  • Frequent backups

  • Performance optimisation

  • E-commerce store support

  1. Scope of Maintenance: Maintenance covers only the services listed. New features, redesigns, rebranding, or marketing campaigns are excluded.

  2. Fair Use Policy: Plans include one minor content change per month. Larger or excessive requests may be billed separately.

  3. Third-Party Modifications: Clients must not install plugins, alter theme files, or change core configurations without written approval. Nexify Digital is not responsible for issues caused by unauthorised changes. If such actions render the website unusable, restoration or rebuild work will be billed separately.

  4. Breakages and Restorations:
    a. If an error is caused directly by Nexify Digital during maintenance, it will be corrected or restored at no additional charge.
    b. If a plugin, update, or software conflict causes failure, Nexify Digital will use backups to restore functionality within the Maintenance Plan. Where a full rebuild, custom fixes, or extensive remedial work is required, this will be billed separately.
    c. If a client’s actions or third-party developers cause breakage, recovery or rebuild will be quoted as new work.

  5. Payment and Billing: Maintenance fees must be paid in advance. Late or failed payments may result in suspension. No partial or pro-rated refunds are issued.

  6. Clients may cancel their Maintenance Plan at any time through their Stripe subscription dashboard or by providing written notice to Nexify Digital. Cancellation will stop future payments but does not trigger a refund of the current billing period. Services will continue until the end of the billing cycle already paid for. Nexify Digital may suspend or terminate a Maintenance Plan immediately in the event of non-payment, breach of these Terms, or abusive conduct. In such cases, no refunds will be issued for any remaining period of the billing cycle, and all obligations to continue providing the service shall cease immediately.

  7. Client Responsibilities: The Client must maintain hosting and domain accounts and provide access credentials when required.

  8. Limitation of Liability: Nexify Digital shall not be liable for downtime, hosting failures, plugin conflicts, or business losses. Liability is capped at the fees paid in the preceding 30 days.

  9. Reactive Maintenance and Fair Use: Maintenance Plans are designed for ongoing preventative care and support, not for emergency repair-only use. Nexify Digital reserves the right to decline or delay maintenance requests submitted within seven (7) days of a new subscription if the issue or fault pre-dates the subscription or arises from periods without an active Maintenance Plan. In such cases, remedial work may be quoted separately as new work at standard hourly or project rates.

J. Termination

  1. Either party may terminate a Project or Maintenance Plan by written notice.

  2. Deposits are non-refundable once work has commenced.

  3. Refunds for Projects will be calculated based on work completed.

  4. Nexify Digital may terminate immediately for non-payment, breach of terms, or unreasonable conduct.

K. Confidentiality

  1. Both parties agree to keep all Confidential Information private during the Project and for twelve months thereafter.

  2. Confidentiality does not apply to information already public or required by law to be disclosed.

L. Force Majeure

  1. Neither party shall be liable for failure to perform obligations caused by events beyond reasonable control, including natural disasters, pandemics, strikes, or outages.

M. Dispute Resolution

  1. The parties shall first attempt to resolve any dispute arising out of these Terms through good-faith negotiation.

  2. If the dispute cannot be resolved amicably, the parties may agree to refer the matter to mediation in the United Kingdom.

  3. Nothing in this clause prevents either party from pursuing legal proceedings in the courts of England and Wales.

N. Governing Law

  1. These Terms are governed by and construed under the laws of the United Kingdom.

  2. Disputes are subject to the exclusive jurisdiction of the courts of England and Wales.

O. Updates to Terms

  1. Nexify Digital may revise these Terms from time to time.

  2. Updated Terms will be published on our website and, where appropriate, notified to existing Clients.

  3. Continued engagement with Nexify Digital’s services after the effective date of any updated Terms constitutes acceptance of those updated Terms.

P. Entire Agreement

  1. These Terms, together with any proposal, quotation, or invoice referencing them, constitute the entire agreement between Nexify Digital and the Client.

  2. These Terms supersede all prior negotiations, communications, or understandings.

  3. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.