01About us and these terms
Nimoxa Technologies (“we”, “us”) provides digital services to businesses. [registered company name, company number and registered office address] You can reach us at support@nimoxatechnologies.com or on +44 7411 533165.
These terms apply to every quote, proposal, order and service we provide to you (“you” or “the client”), together called the “Services”. If a signed proposal, order form or statement of work contains terms that conflict with these, the proposal applies to that project.
You accept these terms when you accept a quote in writing (including by email or message), pay a deposit or invoice, or ask us to start work, whichever comes first.
02Quotes and scope
A quote describes the Services, the deliverables, the price and the expected timeline. Unless it says otherwise it is valid for 30 days. Anything not listed in the quote is outside the scope and, if you want it, will be quoted separately under section 7.
03Fees and payment
- Prices are in pounds sterling. VAT is added where it applies.
- Unless your quote says otherwise, fixed-price projects require a 50% deposit before work starts, with the balance due before launch or hand-over. Ongoing services such as hosting, maintenance, SEO, social media and PPC management are billed monthly in advance.
- Invoices are payable within 7 days of the invoice date unless we agree otherwise.
- If a business client pays late, we may pause work and charge statutory interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998.
- We may withhold final files, launch and access until all sums due have been paid.
- Third-party costs, such as domains, hosting plans, themes, plugins, stock media and software licences, are not included unless the quote says so. Advertising spend is paid by you directly to the advertising platform.
- We will give you at least 30 days’ notice of any price change for ongoing services.
04What we need from you
- Provide content, images, brand assets, access details, feedback and decisions promptly, and name one person who can approve work on your behalf.
- You are responsible for the accuracy and legality of everything you give us, and for having the right to use it, including text, images, logos, fonts and music. We are not responsible for claims relating to material you supply.
- Unless we agree otherwise in writing, you are responsible for the legal compliance of your own website and business, such as your privacy policy, cookie consent and accessibility statement.
If we are waiting on you, the timeline moves accordingly.
05Timescales
Dates in a quote are estimates. They depend on you providing what we need on time, and time is not of the essence. We will keep you informed if something is likely to take longer.
06Revisions, approvals and changes
- Each fixed-price project includes the rounds of revisions set out in the quote. If none is stated, it includes two rounds of consolidated feedback for each stage, such as design and build.
- When you approve a stage in writing, including by email or message, that stage is complete. Changes after approval, and anything outside the agreed scope, are treated as change requests.
- We will tell you the cost and any effect on the timeline of a change request, and we will only carry it out once you agree.
07Intellectual property
- Your materials. You keep ownership of the content and brand assets you give us, and you allow us to use them to deliver the Services.
- What we create for you. Once you have paid in full, we assign to you the copyright in the bespoke designs, logos and code we create specifically for you (the “Deliverables”). Until then, we keep all rights. Concepts and options you did not choose remain ours and may not be used by you or anyone else.
- Our tools. Our pre-existing tools, code libraries, templates and know-how remain ours. Where they form part of a Deliverable, you have a non-exclusive, perpetual licence to use them as part of it.
- Third-party and open-source materials. Platforms, themes, plugins, fonts, stock images and similar materials are licensed under their own terms, which you must follow. Some licences need renewing at your cost.
- Logos and names. We take reasonable care to avoid designs that copy others, but we cannot guarantee that a logo or name can be registered as a trade mark or is free of third-party rights. Take legal advice before registering or relying on one.
- Portfolio. Unless you tell us otherwise in writing, we may show completed work, screenshots and the fact that you are a client in our portfolio, case studies and social media. We will not publish your confidential information.
08Hosting, domains and third-party services
Where we set up or manage domains, hosting, plugins or other third-party services for you, we act on your behalf, and those services are provided by third parties under their own terms. We are not responsible for their outages, price changes or policy changes, but we will help you deal with them where we reasonably can.
Domains are registered in your name unless we agree otherwise. You are responsible for renewals unless they are included in an ongoing plan with us. You remain responsible for keeping your own copy of important content, even where we provide backups.
09Maintenance and security services
We carry out maintenance, monitoring, malware cleaning and hardening with reasonable skill and care, as described in your quote. No website or system can be made completely secure, and we do not guarantee that your website will never be hacked, infected or unavailable.
We are not responsible for problems caused by third-party themes or plugins, changes made by other people, or access details that you share or lose. Some infections cannot be fully removed without rebuilding part of a site, and that may cost extra, which we will agree with you first.
10SEO, marketing and AI services
- No guaranteed results. We do not guarantee rankings, traffic, leads, sales, followers or other outcomes. Search engines, advertising platforms and AI systems change often and are outside our control.
- Advertising accounts. Advertising and social accounts stay yours. You authorise us to manage them for you and you must follow each platform’s rules.
- AI tools. Chatbots, assistants and automations can produce inaccurate or incomplete output. You are responsible for testing and approving them before they are used with your customers, and for using them lawfully, including under data protection and consumer protection law.
- Social media. Where we post for you we will follow the approval process we agree. We are not responsible for platform suspensions or changes.
11Confidentiality
Each of us will keep the other’s confidential information private and use it only for the project, except where the law requires disclosure or the information is already public. We may share it with staff and subcontractors who need it and are bound by confidentiality. This continues after our contract ends.
12Data protection
Each of us will comply with data protection law. Where we handle personal data about your customers or users for you, for example on a website or chatbot we manage, we do so only on your instructions as your processor, and we will sign a data processing agreement if you ask. For how we handle your own information, see our Privacy Policy.
13Our responsibility to you
- We will provide the Services with reasonable skill and care. We do not promise that websites or software will be error-free or run without interruption.
- Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot legally be limited.
- Subject to that, we are not liable for loss of profit, revenue, business, goodwill or data, or for any indirect or consequential loss.
- Our total liability to you for any project or service is limited to the fees you paid us for it. For ongoing services, that means the fees paid in the 12 months before the claim arose.
- You will cover us against third-party claims arising from material you supply to us, or from your use of the Deliverables in breach of these terms.
14Cancellation and ending the contract
- You may cancel a fixed-price project in writing at any time. We will invoice the work completed and costs incurred, and our Refund Policy explains how any refund is worked out.
- Either of us may end an ongoing service by giving 30 days’ written notice, unless your quote sets a minimum term.
- Either of us may end the contract immediately by written notice if the other seriously breaches it and does not fix the problem within 14 days of being asked, or becomes insolvent.
- When the contract ends you pay for work done and costs incurred, and we release completed Deliverables once they are paid for. Terms that by their nature continue, such as payment, intellectual property, confidentiality and liability, stay in force.
15Events outside our control
Neither of us is responsible for delay or failure caused by events beyond our reasonable control, such as internet, hosting or platform outages, strikes, extreme weather or government action. Timelines will be extended for as long as the event lasts.
16Using this website
- The content of nimoxatechnologies.com, including text, designs, logos, graphics and code, belongs to us or is used with permission. You may view it and share links to it, but please do not copy or reuse it without our written permission.
- Names, logos and screenshots of client work belong to those clients and are shown with their permission.
- Do not misuse the site: no attempts to hack, overload or scrape it, and no sending malicious content. Use the enquiry form only for genuine enquiries.
- Information on the site is general and is not professional advice. We try to keep it accurate but do not guarantee it is complete or up to date.
- We link to other websites but are not responsible for their content.
- We may change or withdraw any part of the site at any time.
17Complaints
If you are unhappy with our work or service, email support@nimoxatechnologies.com. We will acknowledge your message within 2 working days and aim to give a full response within 14 days.
18General
- These terms and your quote are the whole agreement between us for the Services and replace any earlier discussions. Changes must be in writing.
- We may use subcontractors. You may not transfer your rights or duties under the contract without our written consent.
- If a part of these terms is found unenforceable, the rest stays in force. If we delay in enforcing a right, we do not lose it.
- Nobody other than you and us has any right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.
- We may update these terms. The version in force when you accept a quote applies to that project, and changes to ongoing services take effect after 30 days’ notice.
- These terms are written mainly for business clients. If you are a consumer, nothing here affects your statutory rights.
- These terms, and any dispute arising from them, are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. If you are a consumer, you may also have the right to bring proceedings in the courts of the part of the UK where you live.
19Contact us
Questions about these terms? Email support@nimoxatechnologies.com or call +44 7411 533165.