Terms Of Use

These Terms gov­ern your access to, usage of all con­tent, Prod­uct and Ser­vices avail­able at www.nexitomedia.com web­site (the “Ser­vice”) oper­at­ed by NEXITO MEDIA LLC (“us”, “we”, or “our”).

Your access to our ser­vices is sub­ject to your accep­tance, with­out mod­i­fi­ca­tion, of all of the terms and con­di­tions con­tained here­in and all oth­er oper­at­ing rules and poli­cies pub­lished and that may be pub­lished from time to time by us.

Please read the Agree­ment care­ful­ly before access­ing or using our Ser­vices. By access­ing or using any part of our Ser­vices, you agree to be bound by these Terms. If you do not agree to any part of the terms of the Agree­ment, then you may not access or use our Services.

Intel­lec­tu­al Property

The Agree­ment does not trans­fer from Us to you any of Ours or third par­ty intel­lec­tu­al prop­er­ty, and all right, title, and inter­est in and to such prop­er­ty will remain (as between the par­ties) sole­ly with NEXITO MEDIA LLC and its licensors.

Third-Par­ty Services

In using the Ser­vices, you may use third-par­ty ser­vices, prod­ucts, soft­ware, embeds, or appli­ca­tions devel­oped by a third par­ty (“Third-Par­ty Services”).

If you use any Third Par­ty Ser­vices, you under­stand that:

• Any use of a Third Par­ty Ser­vice is at your own risk, and we shall not be respon­si­ble or liable to any­one for Third Par­ty web­sites or Services.
• You acknowl­edge and agree that We shall not be respon­si­ble or liable for any dam­age or loss caused or alleged to be caused by or in con­nec­tion with the use of any such con­tent, goods or ser­vices avail­able on or through any such web­sites or services.

Accounts

Where use of any part of our Ser­vices requires an account, you agree to pro­vide us with com­plete and accu­rate infor­ma­tion when you reg­is­ter for an account.

You will be sole­ly respon­si­ble and liable for any activ­i­ty that occurs under your account. You are respon­si­ble for keep­ing your account infor­ma­tion up-to-date and for keep­ing your pass­word secure.

You are respon­si­ble for main­tain­ing the secu­ri­ty of your account that you use to access the Ser­vice. You shall not share or mis­use your access cre­den­tials. You must noti­fy us imme­di­ate­ly of any unau­tho­rized uses of your account or upon becom­ing aware of any oth­er breach of security.

Links To Oth­er Websites

Our Ser­vice may con­tain links to third-par­ty web­sites or ser­vices that are not owned or con­trolled by NEXITO MEDIA LLC .

NEXITO MEDIA LLC assumes no respon­si­bil­i­ty for the con­tent, pri­va­cy poli­cies, or prac­tices of any third par­ty web sites or ser­vices. NEXITO MEDIA LLC shall also not be respon­si­ble or liable, direct­ly or indi­rect­ly, for any dam­age or loss caused or alleged to be caused by or in con­nec­tion with use of or reliance on any such con­tent, goods or ser­vices avail­able on or through any such web sites or services.

We advise you to read the terms and con­di­tions and pri­va­cy poli­cies of any third-par­ty web sites or ser­vices that you visit.

Ter­mi­na­tion

We may ter­mi­nate or sus­pend your access to all or any part of our Ser­vices at any time, with or with­out cause, with or with­out notice, effec­tive immediately.

If you wish to ter­mi­nate the Agree­ment or your NEXITO MEDIA LLC account, you may sim­ply dis­con­tin­ue using our Services.

All pro­vi­sions of the Agree­ment which by their nature should sur­vive ter­mi­na­tion shall sur­vive ter­mi­na­tion, includ­ing, with­out lim­i­ta­tion, own­er­ship pro­vi­sions, war­ran­ty dis­claimers, indem­ni­ty, and lim­i­ta­tions of liability.

Accep­tance

It is not nec­es­sary for any Client to have signed an accep­tance of these terms and con­di­tions for them to apply. If a Client accepts a quote then the Client will be deemed to have sat­is­fied them­selves as to the terms apply­ing and have accept­ed these terms and con­di­tions in full.

Please read these terms and con­di­tions care­ful­ly. Any pur­chase or use of our ser­vices implies that you have read and accept­ed our terms and conditions.

Charges

Charges for ser­vices to be pro­vid­ed by NEXITO MEDIA LLC are defined in the project quo­ta­tion that the Client receives via e‑mail and/or in writ­ing. Quo­ta­tions are valid for a peri­od of 30 days. NEXITO MEDIA LLC reserves the right to alter or decline to pro­vide a quo­ta­tion after the expiry of the 30 days.

Unless agreed oth­er­wise with the Client, all web­site design ser­vices require an advance pay­ment of a min­i­mum of ten (70) per­cent or $120, whichev­er is greater, of the project quo­ta­tion total before the work is sup­plied to the Client for review with the remain­ing nine­ty (30) per­cent, or quo­ta­tion – $120 deposit, of the project quo­ta­tion total due upon com­ple­tion of the work, pri­or to upload to the serv­er or release of materials.

Pay­ment for ser­vices is due by bank trans­fer, or cred­it card. Bank details will be made avail­able on invoices.

Client Review

NEXITO MEDIA LLC will pro­vide the Client with an oppor­tu­ni­ty to review the appear­ance and con­tent of the web­site dur­ing the design phase and once the over­all web­site devel­op­ment is com­plet­ed. At the com­ple­tion of the project, such mate­ri­als will be deemed to be accept­ed and approved unless the Client noti­fies NEXITO MEDIA LLC oth­er­wise with­in ten (10) days of the date the mate­ri­als are made avail­able to the Client.

Turn­around Time and Con­tent Control

NEXITO MEDIA LLC will install and pub­licly post or sup­ply the Client’s web­site by the date spec­i­fied in the project pro­pos­al, or at the date agreed with the Client upon NEXITO MEDIA LLC receiv­ing ini­tial pay­ment, unless a delay is specif­i­cal­ly request­ed by the Client and agreed by NEXITO MEDIA LLC.

In return, the Client agrees to del­e­gate a sin­gle indi­vid­ual as a pri­ma­ry con­tact to aid NEXITO MEDIA LLC with pro­gress­ing the com­mis­sion in a sat­is­fac­to­ry and expe­di­ent manner.

Dur­ing the project, NEXITO MEDIA LLC will require the Client to pro­vide web­site con­tent; text, images, movies and sound files, etc. to pop­u­late the website.

Fail­ure to pro­vide required web­site content:

NEXITO MEDIA LLC is a small busi­ness, to remain effi­cient we must ensure that the work we have pro­grammed is car­ried out at the sched­uled time. On occa­sions, we may have to reject offers for oth­er work and inquiries to ensure that your work is com­plet­ed at the time arranged.

This is why we ask that you pro­vide all the required infor­ma­tion at least one (1) week pri­or to the agreed com­ple­tion date. On any occa­sion where progress can­not be made with your web­site because we have not been giv­en the required infor­ma­tion in the agreed time frame, and we are delayed as result, we reserve the right to impose a sur­charge of up to 25%. If your project involves Search Engine Opti­mi­sa­tion we need the text con­tent for your site agreed upon in advance so that the SEO can be planned and com­plet­ed efficiently.

If you agree to pro­vide us with the required infor­ma­tion and sub­se­quent­ly fail to do before the agreed time, one (1) week pri­or to the project com­ple­tion date we reserve the right to close the project and the bal­ance remain­ing becomes payable imme­di­ate­ly. Sim­ply put, all the above con­di­tion says is do not give us the go-ahead to start until you are ready to do so.

NOTE: Text con­tent should be deliv­ered as a Apple Pages, Microsoft Word, pdf file, email (or sim­i­lar) doc­u­ment with the pages in the sup­plied doc­u­ment rep­re­sent­ing the con­tent of the rel­e­vant pages on your web­site. These pages should have the same titles as the agreed web­site pages. Con­tact us if you need clar­i­fi­ca­tion on this.

If you are com­mis­sion­ing a CMS web­site you will be pro­vid­ed with a con­tent man­age­ment sys­tem ( Word­Press) so that you are able to keep your con­tent up to date yourself.

Pay­ment

Invoic­es will be pro­vid­ed by NEXITO MEDIA LLC upon com­ple­tion but before pub­lish­ing the live web­site. Invoic­es are nor­mal­ly sent via email; how­ev­er, the Client may choose to receive hard copy invoic­es. Invoic­es are due upon receipt. Accounts that remain unpaid ten (10) days after the date of the invoice will be assessed a ser­vice charge in the amount of the high­er of twen­ty per­cent (20%) or $40 per month of the total amount due, whichev­er is greater.

Addi­tion­al Expenses

The client agrees to reim­burse NEXITO MEDIA LLC for any addi­tion­al expens­es nec­es­sary for the com­ple­tion of the work. Exam­ples would be the pur­chase of spe­cial fonts, stock pho­tog­ra­phy, plu­g­ins, etc.  This pay­ment will be required pri­or to the pur­chase of the addi­tion­al required materials.

Web Browsers

HeliosWeb Design makes every effort to ensure web­sites are designed to be viewed by the major­i­ty of vis­i­tors. Web­sites are designed to work with the most pop­u­lar cur­rent browsers (e.g. Fire­fox, Microsoft Edge, Google Chrome, etc.).  The client agrees that NEXITO MEDIA LLC can­not guar­an­tee cor­rect func­tion­al­i­ty with all brows­er soft­ware across dif­fer­ent oper­at­ing systems.

NEXITO MEDIA LLC can­not accept respon­si­bil­i­ty for web pages that do not dis­play accept­ably in obso­lete ver­sion or new ver­sions of browsers released after the web­site have been designed and hand­ed over to the Client. As such, NEXITO MEDIA LLC reserves the right to quote for any work involved in chang­ing the web­site design or web­site code for it to work with updat­ed brows­er software.

Default

Accounts unpaid thir­ty (30) days after the date of invoice will be con­sid­ered in default. If the Client in default main­tains any infor­ma­tion or files on NEXITO MEDIA LLC’s Web­space, NEXITO MEDIA LLC will, at its dis­cre­tion, remove all such mate­r­i­al from its web space. NEXITO MEDIA LLC is not respon­si­ble for any loss of data incurred due to the removal of the ser­vice. Removal of such mate­r­i­al does not relieve the Client of the oblig­a­tion to pay any out­stand­ing charges assessed to the Client’s account. Cheques, Pay­Pal, or Cred­it Card returned for insuf­fi­cient funds will be assessed a return charge of $25 and the Client’s account will imme­di­ate­ly be con­sid­ered to be in default until full pay­ment is received. Clients with accounts in default agree to pay NEXITO MEDIA LLC rea­son­able expens­es, includ­ing legal fees and costs for col­lec­tion by third-par­ty agen­cies, incurred by NEXITO MEDIA LLC in enforc­ing these Terms and Conditions.

Ter­mi­na­tion

Ter­mi­na­tion of ser­vices by the Client must be request­ed in a writ­ten notice or email and will be effec­tive on receipt of such notice. Tele­phone requests for ter­mi­na­tion of ser­vices will not be hon­ored until and unless con­firmed in writ­ing or by email. The Client will be invoiced for design work com­plet­ed to the date of first notice of can­cel­la­tion for pay­ment in full with­in thir­ty (30) days.

Indem­ni­ty

All NEXITO MEDIA LLC ser­vices may be used for law­ful pur­pos­es only. You agree to indem­ni­fy and hold NEXITO MEDIA LLC harm­less from any claims result­ing from your use of our ser­vice that dam­ages you or any oth­er party.

Copy­right

The Client retains the copy­right to data, files, and graph­ic logos pro­vid­ed by the Client, and grants NEXITO MEDIA LLC the rights to pub­lish and use such mate­r­i­al. The Client must obtain per­mis­sion and rights to use any infor­ma­tion or files that are copy­right­ed by a third par­ty. The Client is fur­ther respon­si­ble for grant­i­ng NEXITO MEDIA LLC per­mis­sion and rights for use of the same and agrees to indem­ni­fy and hold harm­less NEXITO MEDIA LLC from any and all claims result­ing from the Client’s neg­li­gence or inabil­i­ty to obtain prop­er copy­right per­mis­sions. A con­tract for web­site design and/or place­ment shall be regard­ed as a guar­an­tee by the Client to NEXITO MEDIA LLC that all such per­mis­sions and author­i­ties have been obtained. Evi­dence of per­mis­sions and author­i­ties may be requested.

Stan­dard Media Delivery

Unless oth­er­wise spec­i­fied in the project quo­ta­tion, this agree­ment assumes that any text will be pro­vid­ed by the Client in elec­tron­ic for­mat (text files deliv­ered on a USB dri­ve or via e‑mail or FTP) and that all pho­tographs and oth­er graph­ics will be pro­vid­ed in .gif, .jpeg, .png or .tiff for­mat. Although every rea­son­able attempt shall be made by NEXITO MEDIA LLC to return to the Client any images or print­ed mate­r­i­al pro­vid­ed for use in the cre­ation of the Client’s web­site, such return can­not be guaranteed.

Design Cred­it

A link to NEXITO MEDIA LLC will appear in either small type or by a small graph­ic at the bot­tom of the Client’s web­site. If a graph­ic is used, it will be designed to fit in with the over­all site design. If a client requests that the design cred­it be removed, a nom­i­nal fee of 20% of the total devel­op­ment charges will be applied. When total devel­op­ment charges are less than $500, a fixed fee of $150 will be applied. The Client also agrees that the web­site devel­oped for the Client may be pre­sent­ed in NEXITO MEDIA LLC’s portfolio.

Access Require­ments

If the Client’s web­site is to be installed on a third-par­ty serv­er, NEXITO MEDIA LLC must be grant­ed tem­po­rary read/write access to the Client’s stor­age direc­to­ries which must be acces­si­ble via FTP. Depend­ing on the spe­cif­ic nature of the project, oth­er resources might also need to be con­fig­ured on the server.

Post-Place­ment Alterations

NEXITO MEDIA LLC can­not accept respon­si­bil­i­ty for any alter­ations caused by a third par­ty occur­ring to the Client’s pages once installed. Such alter­ations include, but are not lim­it­ed to addi­tions, mod­i­fi­ca­tions, or deletions.

Domain Names

NEXITO MEDIA LLC can pur­chase domain names on behalf of the Client.  Pay­ment and renew­al of those domain names is the respon­si­bil­i­ty of NEXITO MEDIA LLC. The loss, can­cel­la­tion, or oth­er­wise of the domain brought about by non or late pay­ment by the client is not the respon­si­bil­i­ty of NEXITO MEDIA LLC. The Client should keep a record of the due dates for pay­ment to ensure that pay­ment is received in good time.

Gen­er­al

These Terms and Con­di­tions super­sede all pre­vi­ous rep­re­sen­ta­tions, under­stand­ings, or agree­ments. The Client’s accep­tance via email, text or pay­ment of an advance fee con­sti­tutes agree­ment to and accep­tance of these Terms and Con­di­tions. Pay­ment online is an accep­tance of our terms and conditions.

Dis­claimer

Our Ser­vices are pro­vid­ed “AS IS.” and “AS AVAILABLE” basis. NEXITO MEDIA LLC and its sup­pli­ers and licen­sors here­by dis­claim all war­ranties of any kind, express or implied, includ­ing, with­out lim­i­ta­tion, the war­ranties of mer­chantabil­i­ty, fit­ness for a par­tic­u­lar pur­pose and non-infringe­ment. Nei­ther NEXITO MEDIA LLC , nor its sup­pli­ers and licen­sors, makes any war­ran­ty that our Ser­vices will be error-free or that access there­to will be con­tin­u­ous or uninterrupted.

You under­stand that you down­load from, or oth­er­wise obtain con­tent or ser­vices through, our Ser­vices at your own dis­cre­tion and risk.

Juris­dic­tion and Applic­a­ble Law

Except to the extent any applic­a­ble law pro­vides oth­er­wise, the Agree­ment and any access to or use of our Ser­vices will be gov­erned by the laws of New York.

The prop­er venue for any dis­putes aris­ing out of or relat­ing to the Agree­ment and any access to or use of our Ser­vices will be the state and fed­er­al courts locat­ed in New York.

Changes

NEXITO MEDIA LLC reserves the right, at our sole dis­cre­tion, to mod­i­fy or replace these Terms at any time.

If we make changes that are mate­r­i­al, we will let you know by post­ing on our web­site, or by send­ing you an email or oth­er com­mu­ni­ca­tion before the changes take effect. The notice will des­ig­nate a rea­son­able peri­od of time after which the new terms will take effect.

We will try to pro­vide at least
30
days notice pri­or to the effec­tive changes. If you dis­agree with our changes, then you should stop using our Ser­vices with­in the des­ig­nat­ed notice peri­od, or once the changes become effective.

Your con­tin­ued use of our Ser­vices will be sub­ject to the new terms.

Con­tact Us

If you have any ques­tions about these Terms of Use, please con­tact us at support@nexitomedia.com

Last Updat­ed: Sep­tem­ber 2, 2022