Terms & Conditions
Effective Date: 3 October 2025
Jurisdiction: United Kingdom
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.
General Terms of Engagement
These Terms apply to all website design, development, and maintenance 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, deposit, or subscription fee, the Client confirms acceptance of these Terms.
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:
Agreement: The legally binding understanding between the Client and Nexify Digital, formed by these Terms together with any accepted proposal, invoice, or 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.
Go-Live Date: The date on which a website is published or made publicly accessible.
Maintenance Plan: A subscription service for ongoing website care as described in Section I.
Third-Party Services: External providers such as hosting companies, domain registrars, payment gateways, plugins, or licensed tools.
Confidential Information: Any private or non-public information disclosed between the parties during the Project.
C. Scope of Services
Nexify Digital provides website design and development services under the following packages:
a. Business Website (from £500)
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)
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
Any additional features, integrations, redesigns, or services not included in the above packages are out-of-scope.
Out-of-scope work may be quoted separately and confirmed in writing before commencement.
D. Fees and Payment
Project fees are payable as follows unless otherwise agreed:
a. 50 percent deposit before commencement of work, non-refundable once work begins.
b. 50 percent balance upon completion, prior to the Go-Live Date or transfer of ownership.Maintenance fees are billed monthly or annually in advance as outlined in Section I.
All invoices are payable within 14 calendar days of issue.
Additional costs such as hosting, domain registration, premium plugins, stock images, or third-party services are not included unless specified.
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.
Failure to pay may result in suspension or withdrawal of services.
E. Client Responsibilities
The Client must appoint a single representative for communication and approvals.
The Client must provide all content, branding, product data, and required materials in a timely manner.
The Client is responsible for ensuring all provided content does not infringe third-party rights.
The Client is responsible for maintaining hosting and domain accounts unless otherwise agreed.
Delays caused by the Client, including failure to provide content or feedback, may extend delivery timelines and increase costs.
If delays exceed 14 days, Nexify Digital may suspend the Project and apply a reactivation fee.
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
Development timelines are estimates and depend on timely Client cooperation.
The Client is entitled to revisions as per the chosen package. Additional revisions may incur charges.
After completion, the Client has seven calendar days to review and report bugs.
Bug fixes reported within this period will be resolved at no cost.
Requests outside of bug fixes, such as design changes or new features, will be billed separately.
Once approved, the website will be launched on the agreed Go-Live Date.
G. Intellectual Property
All Deliverables remain the property of Nexify Digital until full payment is received.
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.The Client is responsible for securing permissions and rights for all provided content.
Nexify Digital reserves the right to showcase completed projects in its portfolio unless otherwise agreed.
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
Nexify Digital shall exercise reasonable skill and care in providing services.
Nexify Digital does not guarantee uninterrupted website operation or 100 percent uptime.
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 indirect damages.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 30 days.
The Client indemnifies Nexify Digital against claims arising from Client-provided content. 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.
I. Website Maintenance Terms of Service
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
Scope of Maintenance: Maintenance covers only the services listed. New features, redesigns, rebranding, or marketing campaigns are excluded.
Fair Use Policy: Plans include one minor content change per month. Larger or excessive requests may be billed separately.
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.
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.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.
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.
Client Responsibilities: The Client must maintain hosting and domain accounts and provide access credentials when required.
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.
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.
Updates to Terms: Nexify Digital may revise Maintenance Terms at any time. Continued use constitutes acceptance of the updated Terms.
J. Termination
Either party may terminate a Project or Maintenance Plan by written notice.
Deposits are non-refundable once work has commenced.
Refunds for Projects will be calculated based on work completed.
Nexify Digital may terminate immediately for non-payment, breach of terms, or unreasonable conduct.
K. Confidentiality
Both parties agree to keep all Confidential Information private during the Project and for twelve months thereafter.
Confidentiality does not apply to information already public or required by law to be disclosed.
L. Force Majeure
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
Parties shall first attempt to resolve disputes amicably through negotiation.
If unresolved, disputes shall be referred to mediation or arbitration in the United Kingdom.
Each party shall bear its own costs for mediation or arbitration unless otherwise agreed.
N. Governing Law
These Terms are governed by and construed under the laws of the United Kingdom.
Disputes are subject to the exclusive jurisdiction of the courts of England and Wales.
O. Updates to Terms
Nexify Digital may revise these Terms at any time.
Updated Terms will be published on our website.
Continued engagement with services constitutes acceptance of the updated Terms.
P. Entire Agreement
These Terms, together with any proposal, quotation, or invoice referencing them, constitute the entire agreement between Nexify Digital and the Client.
These Terms supersede all prior negotiations, communications, or understandings.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.