Terms & Conditions
1. Acceptance of Terms
By accessing our website, submitting a project inquiry, or entering into a service agreement with NexisLab Digital Agency LLC ("NexisLab", "we", "us"), you agree to these Terms in full. If you do not agree, do not use our services. These Terms apply to all clients, visitors, and users of NexisLab's website and services.
2. Services
NexisLab provides digital agency services including but not limited to web development, mobile app development, graphic design, branding, video production, SEO, digital marketing, SaaS development, AI integration, lead generation, and email marketing. The specific scope, deliverables, timeline, and pricing for each engagement are defined in the Statement of Work (SOW) or service agreement signed at project commencement.
We reserve the right to subcontract any part of the work to vetted third parties, while retaining full responsibility for the quality of deliverables. We will inform you of material subcontracting arrangements upon request.
3. Payment Terms
All fees are payable in USD. Invoices are due within 7 calendar days of issue unless otherwise stated in your SOW. Late payments accrue interest at 1.5% per month. NexisLab reserves the right to pause active work until outstanding invoices are settled. For project-based work, a 50% non-refundable deposit is required before work commences.
Annual retainers are invoiced upfront. Monthly retainers are invoiced on the 1st of each month. You authorise NexisLab to charge your payment method on file for recurring fees in accordance with your chosen plan.
4. Intellectual Property
Upon receipt of full payment, NexisLab assigns to the client all intellectual property rights in the custom deliverables created specifically for that client. NexisLab retains ownership of pre-existing materials, tools, frameworks, templates, and methodologies incorporated into the work. Client grants NexisLab a perpetual, non-exclusive licence to display completed work in our portfolio and marketing materials unless agreed otherwise in writing.
Third-party assets (stock images, fonts, plugins) used in deliverables remain subject to their respective licences. We will provide licence details upon delivery. Costs for premium third-party assets are invoiced separately and require client approval.
5. Confidentiality
Both parties agree to keep confidential all non-public information exchanged during the engagement, including business plans, customer data, pricing, and technical specifications. This obligation survives termination of the agreement by 3 years. NDA addenda are available on request for engagements involving particularly sensitive information.
6. Warranties & Representations
NexisLab warrants that deliverables will be performed with professional skill and care, and will materially conform to the agreed specification. We offer a 30-day post-delivery bug warranty for development work. Beyond this, services are provided "as is" and we make no warranty that websites or apps will be error-free or uninterrupted.
The client warrants that all content, materials, and information provided to us for use in deliverables does not infringe any third-party rights and complies with applicable law.
7. Limitation of Liability
To the maximum extent permitted by law, NexisLab's total liability to you for any claim arising from our services shall not exceed the fees paid by you in the 3 months preceding the claim. NexisLab shall not be liable for indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, loss of data, or business interruption, even if advised of the possibility of such damages.
8. Termination
Either party may terminate a retainer agreement with 30 days' written notice. Project-based agreements may not be terminated mid-project except by mutual written agreement. Upon termination, the client is responsible for all fees for work completed to date. NexisLab will deliver all completed and in-progress work in its current state within 14 days of termination.
NexisLab may terminate immediately without notice if the client breaches payment terms, engages in abusive conduct toward our team, or requests work that violates our Acceptable Use Policy.
9. Governing Law
These Terms are governed by the laws of the State of California, USA. Any disputes shall be resolved by binding arbitration under JAMS rules in San Francisco, CA, before resorting to litigation. Nothing in this clause prevents either party from seeking injunctive relief in a court of competent jurisdiction.
10. Changes to These Terms
NexisLab may update these Terms periodically. Material changes will be communicated by email to active clients at least 30 days before taking effect. Continued use of our services after the effective date of changes constitutes acceptance. The current version of these Terms is always available at nexislab.com/terms.