1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement made between you ("you," "your," or "User") and Nexus Digital ("we," "us," or "our"), concerning your access to and use of the nexusdigital.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.
Important: It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.
2. Our Services
Nexus Digital provides comprehensive digital marketing services including but not limited to:
- Search Engine Optimization (SEO)
- Pay-Per-Click Advertising (PPC)
- Social Media Marketing
- Content Marketing
- Brand Strategy and Development
- Marketing Analytics and Reporting
- Website Design and Development
- Email Marketing Campaigns
Service Agreements
The information provided on the Site is not guaranteed to be accurate, complete, or useful. You acknowledge that your use of any information on the Site is at your own risk. Specific service terms will be outlined in separate Service Level Agreements (SLAs) or Statements of Work (SOWs) executed between you and Nexus Digital.
Third-Party Services
We may utilize third-party platforms, tools, and services to deliver our marketing services. You acknowledge that use of these third-party services is subject to their respective terms of service and privacy policies.
3. Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.
Client Materials
You retain all ownership rights to materials, content, and assets you provide to us ("Client Materials"). By providing Client Materials, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display these materials solely for the purpose of providing our services to you.
Work Product
Upon full payment of all fees and unless otherwise agreed in writing:
- You will own all final deliverables created specifically for you ("Work Product")
- We retain ownership of all pre-existing materials, tools, templates, and methodologies used to create Work Product
- We may use general knowledge, skills, and experience acquired during the project
- We may display Work Product in our portfolio unless you request otherwise in writing
4. User Representations
By using the Site, you represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete
- You will maintain the accuracy of such information and promptly update it as necessary
- You have the legal capacity and agree to comply with these Terms
- You are not a minor in the jurisdiction in which you reside
- You will not access the Site through automated or non-human means
- You will not use the Site for any illegal or unauthorized purpose
- Your use of the Site will not violate any applicable law or regulation
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
5. Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or content from the Site to create a collection, compilation, database, or directory
- Make any unauthorized use of the Site, including collecting usernames or email addresses
- Circumvent, disable, or otherwise interfere with security-related features
- Engage in unauthorized framing of or linking to the Site
- Trick, defraud, or mislead us or other users
- Make improper use of our support services or submit false reports
- Engage in any automated use of the system
- Interfere with, disrupt, or create an undue burden on the Site
- Attempt to impersonate another user or person
- Sell or otherwise transfer your profile
- Use any information obtained from the Site to harass, abuse, or harm another person
- Use the Site in a manner inconsistent with any applicable laws or regulations
6. Fees and Payment
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- PayPal
- Wire Transfer
- ACH Transfer
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information to keep it current, complete, and accurate.
Payment Terms
- All fees are quoted in U.S. Dollars unless otherwise specified
- You agree to pay all charges at the prices then in effect for your purchases
- You agree to pay all applicable taxes
- All payments are non-refundable unless otherwise stated
- We reserve the right to refuse any order placed through the Site
Late Payments
We may charge interest on late payments at the lesser of 1.5% per month or the maximum rate permitted by law. You agree to pay all costs of collection, including reasonable attorneys' fees, for any overdue amounts.
7. Cancellation and Termination
Either party may terminate a service agreement with written notice as specified in the applicable Statement of Work or Service Level Agreement.
By You
You may cancel services by providing written notice as specified in your service agreement. Depending on your agreement terms, you may be responsible for payment for work completed up to the cancellation date.
By Us
We may suspend or terminate your access to the Site and our services, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Effect of Termination
Upon termination:
- All licenses and rights granted to you will immediately cease
- You must immediately discontinue use of the Site and our services
- You remain liable for all amounts due up to and including the date of termination
- We may delete your account and any content or information you have posted
8. Disclaimer
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
- Errors, mistakes, or inaccuracies of content and materials
- Personal injury or property damage resulting from your access to and use of the Site
- Any unauthorized access to or use of our secure servers
- Any interruption or cessation of transmission to or from the Site
- Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site
- Any errors or omissions in any content and materials
9. Limitation of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
10. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:
- Your contributions
- Your use of the Site
- Your breach of these Terms
- Your violation of the rights of a third party
- Your violation of any applicable laws, rules, or regulations
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and defined following the laws of the State of New York. Nexus Digital and yourself irrevocably consent that the courts of New York shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
Dispute Resolution
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the American Arbitration Association. The seat of the arbitration shall be New York, New York. The language of the arbitration shall be English.
12. Changes to These Terms
We reserve the right, in our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
13. Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Nexus Digital
350 Fifth Avenue, Suite 2500
New York, NY 10118
United States
Email: legal@nexusdigital.com
Phone: +1 (234) 567-8900