Terms & Conditions

Description of Service

NexScorp LLC, provides custom website design and development services and various forums related to websites. The user understands and agrees that NexScorp LLC is offering services based on their requests and we offer free suggestions which can be adopted but not required to use our services. Any suggestions adopted from our staff will not be held against us or uses against us in the court of law.

Acceptance of Terms of use

NexScorp LLC,provides its services to you subject to the following terms of service, which may be updated from time to time by us without any prior notice. By visiting the NexScorp LLC web site, users agree that they will not use the site for any unlawful activity, or use it in any way that would violate the following terms and conditions.

LIMITED LIABILITY

NexScorp LLC SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PRODUCT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA, LOSS OF PRIVACY, DAMAGES TO THIRD PARTY EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIMS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE. FURTHER, PROVIDER WILL NOT CENSOR ANY CONTENT ON THE INTERNET. IT WILL BE THE CLIENT'S RESPONSIBILITY FOR THE USAGE OF HIS ACCOUNT AND ANY CONSEQUENCES OF THIS USAGE.

Arbitration

Any dispute arising under this agreement shall be resolved by binding arbitration in the city of Fife,WA and under the rules of the American Arbitration Association. If both parties enter into arbitration or if your invoice is sent to collection agency, any and all contracts or deliverables from Nexscorp LLC will be terminated effective immediately with no further contact until the invoice is cleared in full. Collection agency surcharges will apply to any and all invoices pending over 30 days and in possession of collection agency or legal counsel.

Third Party Services

You agree, NexScorp LLC will be providing various services through our partners. Even though we choose only reputable companies as our partners, NexScorp LLC does not take any responsibility for the services provided by our partners. If you are billed by NexScorp LLC for all your services you agree that NexScorp LLC and its employees will be representing you as a customer.

Choice of Law and Forum

The terms of use and the relationship between you and NexScorp LLC shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and NexScorp LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the Pierce county of Washington.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the NexScorp services or the terms of use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Money Back Guarantee

For Hosting Customers we guarantee 30 day money back satisfaction. For some reason Nexscorp Hosting solution did not meet your requirements, we will refund 100% of the amount you paid for any hosting services. Beyond 30 days, there will be no refunds issued, how ever based on your case you might get a partial refund.

For Web Design Customers our guarantee is based on the assumption that our design services did not meet atleast 50% of your initial business needs. If your business requirements changed since the intial document signing, Refund policy do not apply. If the project is moved into development phase, at this point the design work has been approved, Refund policy do not apply. If a refund is processed, any design elements (including website layouts, graphics, logos, flash) we have designed for you will be sole property of Nexscorp LLC. All copyrights will be revoked and will be owned by Nexscorp LLC, copying, reflecting our designs will be considered as copyright violation and service agreement violation and necessary legal actions will be taken.

Linkage

NexScorp LLC may provide, or third parties may provide, links to other World Wide Web sites or resources. Because NexScorp LLC has no control over such sites and resources, you acknowledge and agree that NexScorp LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that NexScorp LLC shall 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 site or resource.

Unlimited Reviews

NexScorp LLC, will provide unlimited concepts for your webdesign. We assume all your design requests should be requested before you sign off on the layout, anything beyond the sign off, we will have to revisit and charge per item basis for your requests, unless and otherwise agreed before.

Design & Copyrights

We at NexScorp LLC, promise that your website will be original design unless and until a tempalte is being used as per your instructions. Our design work is copyrighted to you unless a refund has been issued during the design phase. If an outstanding invoice related to the project has not been paid, all development code and design materials used in website development and creation will be property of Nexscorp LLC and protected by United States Copyright Law. We are not responseable for adding or displaying content on your website nor we are responseable for the content displayed on your website. In case of any copyright infringement brought to our attention you will be given 15 days notice to change the content, upon the due date your website will be suspended.

Frozen Projects

A project is considered frozen when a client is stalling (more than 2 weeks for clients action during development or design phase or awaiting final payment) on the project and we are waiting for further action from the client. When a project is frozen, any deposit made for the project will be non-refundable, to activate a frozen project there will be a $100 re-activation fee. Money Back Guarantee will be voided for frozen projects, conditions apply as mentioned under Money Back Guarantee in terms and conditions.If there is no action after 3 - 4 weeks (including frozen period) the project will be considered decomissioned and will not be reactivated, unless a full development fees plus reactivation fees are paid.

FREE Technical Support

NexScorp LLC, provides free technical support if we develop and design your website. Technical support includes site down time, bugs, site functionality, graphic faults, wrong links, 404 errors and minor changes( < 15 minutes).New Functionality, new graphics, custom work is not included in free technical support.

Promotional Offers

NexScorp LLC, will be offering promotional deals to our existing or new clients. The promotional deals are valid within the contract period, if the contract period is voided full price will be charged to your account as your final balance.

No Resale of Services

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the NexScorp LLC services with out prior return agreement from NexScorp LLC.

Hosting Uptime

NexScorp LLC guarantees 99.9% uptime for our hosting servers, if your website is down for more than 20 minutes within any consecutive 24 months period we will credit your account with free month of hosting. 20 minutes down time might be required to upgrade hardware and other improvements.

Website Maintenance

Each Ticket created for website maintenance will be charged with hours against your plan.Estimated hours will be updated in the ticket before the work is started, we promise with integrity that all estimated hours are very fair and not over shot.

Estimated Hours

We do our best to accurately estimate hours for each ticket, in case of dispute you can respond to the ticket and request for escalation so the hours can be reviewd by supervisor.

SLA for Maintenance Clients

Each inbound ticket will be reponded and acknowledge by support person within 6 - 12 hours, based on the work involved, we follow 24 hrs closure SLA for most of the tickets.

Privacy

NexScorp privacy policy can be found at Privacy Policy