Terms of Service

Terms of Service

Effective Date: January 1, 2024
Last Updated: January 1, 2024

Welcome to NxtTech. These Terms of Service ("Terms") govern your use of our website and services. By accessing our website or engaging our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our services.

2. Description of Services

NxtTech provides web development services, including but not limited to:

  • Custom website development
  • Web application development
  • E-commerce solutions
  • Mobile development
  • Cloud services and deployment
  • Website maintenance and support

3. Service Agreement

3.1 Project Scope

Each project begins with a detailed scope of work that outlines:

  • Project deliverables and specifications
  • Timeline and milestones
  • Payment terms and schedule
  • Responsibilities of both parties

3.2 Changes to Scope

Any changes to the agreed-upon scope of work must be documented in writing and may result in additional charges and timeline adjustments.

3.3 Client Responsibilities

Clients are responsible for:

  • Providing accurate and complete project requirements
  • Timely provision of content, assets, and feedback
  • Making payments according to the agreed schedule
  • Providing necessary access to systems and accounts

4. Payment Terms

4.1 Payment Schedule

  • Projects typically require a 50% deposit before work begins
  • Remaining balance due upon project completion
  • Monthly retainer fees for ongoing maintenance services
  • All payments due within 30 days of invoice date

4.2 Late Payments

Late payments may result in:

  • Suspension of services
  • Interest charges of 1.5% per month
  • Collection fees and legal costs

4.3 Refunds

Refunds are considered on a case-by-case basis and typically limited to:

  • Undelivered services due to our failure to perform
  • Services not meeting agreed-upon specifications
  • Cancellation within 48 hours of project initiation

5. Intellectual Property

5.1 Client Content

Clients retain ownership of all content, data, and materials provided to us. Clients grant us a license to use these materials solely for the purpose of delivering the agreed services.

5.2 Developed Work

Upon full payment, clients receive ownership of custom-developed code and designs created specifically for their project, excluding:

  • Third-party components and libraries
  • Our proprietary tools and methodologies
  • Template-based solutions

5.3 Third-Party Components

Projects may include third-party components, plugins, or services that are subject to their respective licenses and terms.

6. Warranties and Disclaimers

6.1 Service Warranty

We warrant that our services will be performed in a professional manner consistent with industry standards. We provide a 30-day warranty on delivered work for bug fixes and corrections.

6.2 Disclaimer

EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

6.3 Third-Party Services

We are not responsible for the performance, availability, or security of third-party services, hosting providers, or external integrations.

7. Limitation of Liability

7.1 Liability Cap

Our total liability for any claims arising from our services shall not exceed the total amount paid by the client for the specific project or service in question.

7.2 Excluded Damages

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

7.3 Time Limitation

Any claims must be brought within one (1) year of the date the cause of action arose.

8. Confidentiality

8.1 Mutual Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the course of the business relationship.

8.2 Exceptions

Confidentiality obligations do not apply to information that:

  • Is publicly available
  • Was known prior to disclosure
  • Is independently developed
  • Must be disclosed by law

9. Termination

9.1 Termination by Client

Clients may terminate services with 30 days written notice. Clients remain responsible for payment of all work completed and expenses incurred.

9.2 Termination by Us

We may terminate services immediately if:

  • Client fails to make required payments
  • Client breaches these Terms
  • Client engages in illegal or unethical activities

9.3 Effect of Termination

Upon termination:

  • All outstanding invoices become immediately due
  • We will deliver completed work upon payment
  • Confidentiality obligations continue

10. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, or technical failures.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.

12. Dispute Resolution

12.1 Negotiation

Parties agree to first attempt to resolve disputes through good faith negotiation.

12.2 Mediation

If negotiation fails, disputes shall be resolved through binding mediation before resorting to litigation.

12.3 Jurisdiction

Any legal proceedings shall be conducted in the courts of California.

13. General Provisions

13.1 Entire Agreement

These Terms, together with any signed project agreements, constitute the entire agreement between the parties.

13.2 Modifications

These Terms may only be modified in writing, signed by both parties.

13.3 Severability

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

13.4 Assignment

These Terms may not be assigned by the client without our written consent. We may assign these Terms in connection with a business transfer.

14. Website Terms

14.1 Acceptable Use

Users of our website agree not to:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Transmit harmful or malicious code
  • Attempt unauthorized access to our systems

14.2 Content Accuracy

While we strive for accuracy, we make no warranties regarding the completeness or accuracy of website content.

15. Contact Information

For questions about these Terms of Service, please contact us:

NxtTech
Email: legal@nxttech.com
Phone: +1 (555) 123-4567
Address: 123 Tech Street, Innovation District, CA 94105

16. Updates to Terms

We reserve the right to update these Terms at any time. Material changes will be communicated through:

  • Website notifications
  • Email to active clients
  • Updated "Last Updated" date

Continued use of our services after changes constitutes acceptance of the updated Terms.

By using our services, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.