1. Introduction
These Terms and Conditions ("Terms") govern the provision of services by NexaCare Systems ("we", "us", "our") to clients ("you", "your").
By engaging our services, you agree to be bound by these Terms.
2. Services
We provide web design and related digital services, including but not limited to:
- Website design and development
- Website drafts and revisions
- Technical support (if agreed)
All services will be agreed in writing (email or proposal) before work begins.
3. Quotations and Acceptance
- All quotes are valid for 14 days unless stated otherwise
- Work will commence once the client confirms acceptance in writing
- We reserve the right to refuse service at our discretion
4. Payment Terms
- A 30% upfront payment is required before any work begins.
- A further 30% payment is due upon acceptance of the final design.
- The remaining 40% is due upon completion and prior to website launch or delivery.
We reserve the right to pause or delay work if payments are not made on time.
5. Refund Policy
Due to the nature of digital services, all payments are non-refundable.
Once work has commenced, time and resources are allocated to your project and cannot be recovered.
6. Cancellation
If you choose to cancel a project:
- The upfront 30% payment is non-refundable
- Any work completed beyond that stage may be charged proportionally
We reserve the right to invoice for work completed up to the cancellation date.
7. Project Completion and Launch
A project is considered complete when:
- The website is ready for launch, or
- Final files/deliverables have been provided
The final 40% payment must be received before:
- Website goes live, or
- Files are transferred to the client
8. Ongoing Monthly Services
If ongoing services (e.g. hosting, maintenance) are agreed:
- Billing will begin from the date the website goes live
- Services are billed on a monthly recurring basis
- Payment terms will be outlined in the project agreement or invoice
9. Late Payments
We reserve the right to:
- Suspend work or access to services
- Delay project timelines
until outstanding payments are settled.
10. Client Responsibilities
You agree to:
- Provide accurate and complete information
- Supply required content, materials, and feedback in a timely manner
- Ensure you have rights to use any content provided (e.g. images, text)
We are not responsible for delays caused by client inaction.
11. Revisions and Scope
- Reasonable revisions will be included as agreed
- Work outside the agreed scope may incur additional charges
- Significant changes may require a new quote
12. Intellectual Property
- All intellectual property rights remain with us until full payment is received
- Upon full payment, ownership of the final agreed website design is transferred to the client
- We reserve the right to display completed work in our portfolio
13. Third-Party Services
We may use third-party services (e.g. hosting, domains, plugins). We are not responsible for:
- Failures or downtime caused by third parties
- Changes in third-party pricing or policies
14. Liability Limitation
To the fullest extent permitted by law:
- We shall not be liable for any indirect, incidental, or consequential loss, including loss of profits, revenue, or business
- Our total liability shall not exceed the total amount paid by you for the services
Nothing in these Terms limits liability for:
- Death or personal injury caused by negligence
- Fraud or fraudulent misrepresentation
- Any liability that cannot be excluded under UK law
15. Website Performance Disclaimer
We do not guarantee:
- Specific business results (e.g. increased sales or traffic)
- Continuous, uninterrupted, or error-free operation
16. Termination
We may terminate or suspend services if:
- Payment is not made
- You breach these Terms
You may terminate by written notice, but any work completed up to termination must be paid for.
17. Data Protection
Both parties agree to comply with applicable data protection laws, including the UK GDPR.
18. Confidentiality
We will treat all client information as confidential and will not disclose it without consent, except where required by law.
19. Force Majeure
We are not liable for delays or failure to perform caused by events beyond our reasonable control (e.g. outages, natural events).
20. Governing Law
These Terms shall be governed by and interpreted in accordance with the laws of England and Wales.
21. Contact
NexaCare Systems
Kent, United Kingdom
Email: websites@nexacaresystems.com