Terms of use

By placing an order with NexDat may confirm that you agree with and bound by the terms and conditions below

Definitions

The Client: The company or individual requesting the services of NexDat.
NexDat: Primary designer/site owner & employees or affiliates.
General
NexDat will carry out work only where an agreement is provided either by email, telephone, mail or fax. NexDat will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between NexDat and the client, this includes telephone and email agreements.

Website Design

We list every endeavour will be made to ensure that the website and any scripts or programs are free of errors, NexDat cannot accept responsibility for any losses occurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of NexDat until all outstanding accounts are paid in full.

Any scripts, CGI applications, PHP scripts, or software (unless specifically agreed) written by NexDat remain the copyright of NexDat and may only be commercially reproduced or resold with the permission of NexDat.

NexDat cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to the brief will be carried out at the discretion of NexDat and where no charge is made by NexDat for such additions, NexDat accepts no responsibility to ensure such additions are error-free and reserve the right to charge an according to the amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to NexDat all materials required to complete the site to the agreed standard and within the set deadline.

NexDat will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed-to deadlines.

NexDat will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.

NexDat will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the client’s appointed agents.

NexDat will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

A deposit of 50% is required with any project before any design work will be carried out.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Nonpayment will result in legal action being taken if necessary.

Database, Application and E-Commerce Development

NexDat cannot take responsibility for any losses occurred using any software created for the client. We list every care has been taken to ensure products are problem-free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, CGI applications or software (unless specifically agreed) written by NexDat remain the copyright of NexDat and may only be commercially reproduced or resold with the permission of NexDat.

Where applications or sites are developed on servers not recommended by NexDat, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by NexDat before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, NexDat will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

Website Hosting

We offer limited hosting services by buying server space from a different hosting provider. All our service provider has great customer and technical support and service guarantee for an annual average of 99% network availability for their infrastructure. Should you require any additional information, please send us an email for further query

Hosting Payment Policy & Billing Procedures

All accounts are set up on a pre-pay basis. We accept payments via Online Check (preferred), Credit Card, and PayPal. Setup fees are charged for all new accounts that are paid monthly and major account changes and are non-refundable. All pricing is

guaranteed for the term of pre-payment. Payment is due each anniversary month or period following the date the account was established. If 10 days have passed and payment has not been posted, the account will be suspended until further notice. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies NexDat to request termination of services.

Payment of Accounts

A deposit is required from any new client before any work is carried out. It is the NexDat policy that any outstanding accounts for work carried out by NexDat or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with NexDat.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or NexDat have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non-payment can result in county court judgements (ccj’s) being added to the client’s credit rating.

Following consistent non-payment of an invoice, our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

Passing of Rights

Once all amounts due to us from you are paid and cleared you are assigned the rights to use, as applicable, the products and services, including, the web site which includes the text, graphics, animation, audio components and digital components contained within the finished web site, in accordance with these terms and conditions, the Project Agreement and any applicable agreement, terms or licence but no rights of ownership are conveyed unless specifically stated in the Project Contract.

No such rights as described in above will pass until all amounts due to us from you are paid. This means that we will have a lien over any service, products, data or information. If you have not paid the invoice in full within 2 months from the date of the invoice you agree that you will forfeit your rights.

The rights to photographs, graphics and any third-party items such as source code, always remain the property of their respective owners.

Unless you have our specific written agreement in the Project Contract, all products, including Content Management Systems, interfaces, navigational devices, menus, menu structures or arrangements, icons, help, all operational instructions, scripts, CGI applications, software, programming/source code, and all other components of any source or object computer code that comprises the Website, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content and design elements used or developed and all software,

and our products and results of our services remain our property and we retain full ownership rights and all intellectual property rights. You specifically agree not to do anything that may in any way infringe upon or undermine our rights, title, or interest in the Website or our products and services. This includes, but is not limited to, any sale, transfer or gift of the whole or of any part of any item, data or anything whatsoever that we own. You fully understand that we may reproduce, reuse, develop and use in any other way we choose, anything within our ownership.

Complaints Procedure Informal procedure

Anyone who experiences a problem with their web service provided by NexDat should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an URL) and clearly outlining the grounds for complaint.

NexDat will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal complaints procedure

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to NexDat, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

Shipping & Delivery Policy

This is another policy that must be clearly stated on the website. Include the delivery time frame and any restrictions that merchant might have on delivering the products. List on the website all export restrictions that merchant is aware of for the products that are sold online. A company must ship your order within the time stated in its ad or give an option notice to the customers otherwise

Shipping & Delivery Policy (Products)

For International buyers, orders are shipped and delivered through registered international courier companies and/or International speed post only. Orders are shipped within 15 working days or as per the delivery date agreed at the time of order confirmation and delivering of the shipment subject to Courier Company/post office norms. Your Company Name is not liable for any delay in delivery by the courier company / postal authorities and only guarantees to hand over the consignment to the courier company or postal authorities within 15 working days from the date of the order and payment or as per the delivery date agreed at the time of order confirmation. Delivery of all orders will be to registered address of the buyer as per the credit/debit card only always (Unless specified at the time of Order). NexDat is not responsible for any damage to the order while in transit to the buyer.