Terms of Service

Last updated: January 1, 2025

Welcome to Nexus Data and Design. These Terms of Service ("Terms") govern your use of our website and services. Please read them carefully.

By using our website or engaging our services, you agree to these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Nexus Data and Design.

Acceptance of Terms

  • By accessing and using the Nexus Data and Design website and services, you accept and agree to be bound by the terms and provisions of this agreement.

  • If you do not agree to these Terms of Service, please do not use our website or services.

  • We reserve the right to modify these terms at any time. Your continued use of the service after changes are posted constitutes acceptance of the modified terms.

Services Description

  • Nexus Data and Design provides digital transformation, web development, AI solutions, graphic design, and data analytics services.

  • All services are provided on a project or contract basis, with specific terms outlined in individual service agreements.

  • Service availability, features, and pricing are subject to change with reasonable notice.

  • We reserve the right to refuse service to anyone for any reason at any time.

Intellectual Property Rights

  • Client Content: You retain all rights to content, data, and materials you provide to us. By sharing content with us, you grant us a license to use it for the purposes of delivering our services.

  • Our Work Product: Upon full payment, you receive ownership of the final deliverables as specified in your service agreement. We retain the right to showcase completed work in our portfolio unless otherwise agreed.

  • Pre-existing Materials: We retain ownership of pre-existing tools, templates, and methodologies used in delivering services.

  • Third-Party Materials: Any third-party content, libraries, or tools used in your project remain the property of their respective owners and are subject to their licensing terms.

Client Responsibilities

  • Provide accurate and complete information necessary for service delivery.

  • Respond to requests for feedback and approvals in a timely manner.

  • Ensure you have the right to share any materials, content, or data you provide to us.

  • Comply with all applicable laws and regulations in your use of our services.

  • Maintain the confidentiality of any account credentials or access we provide to you.

Limitations of Liability

  • Our services are provided 'as is' without warranties of any kind, either express or implied.

  • We are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services.

  • Our total liability for any claims arising from our services shall not exceed the amount you paid for those specific services.

  • We are not responsible for delays or failures in performance resulting from causes beyond our reasonable control.

  • We do not guarantee specific business results, rankings, traffic, or revenue from our services.

Confidentiality

  • Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of our business relationship.

  • Confidential information does not include information that is publicly available, independently developed, or lawfully obtained from other sources.

  • Confidentiality obligations survive the termination of our business relationship.

  • We may be required to disclose information if required by law or legal process.

Payment Terms

  • Payment terms will be specified in individual service agreements and may include deposits, milestone payments, or monthly retainers.

  • Late payments may be subject to interest charges and suspension of services.

  • All fees are non-refundable unless otherwise specified in your service agreement.

  • You are responsible for any taxes, fees, or charges imposed by governmental authorities.

Termination

  • Either party may terminate the service agreement with written notice as specified in the agreement.

  • We reserve the right to terminate services immediately if you breach these Terms or engage in fraudulent or illegal activities.

  • Upon termination, you must pay for all services rendered up to the termination date.

  • Provisions regarding confidentiality, intellectual property, and limitation of liability survive termination.

Dispute Resolution

  • Any disputes arising from these Terms or our services shall first be attempted to be resolved through good faith negotiations.

  • If negotiations fail, disputes may be resolved through mediation or arbitration as mutually agreed.

  • These Terms shall be governed by the laws of Kenya.

Miscellaneous

  • These Terms constitute the entire agreement between you and Nexus Data and Design regarding the use of our services.

  • If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full effect.

  • Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

  • You may not assign or transfer these Terms without our prior written consent.

Contact Information

If you have any questions about these Terms of Service, please contact us:

Email: legal@nexusdatadesign.com

Address: Nexus Data and Design, Nairobi, Kenya

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