Nexify Dot

Terms & Conditions

Last Updated: 18 Oct 2023

Welcome to Nexify Dot. These Terms and Conditions (“Terms”) govern your use of our website and services. By accessing our website or engaging our services, you agree to comply with and be bound by the following terms. If you do not agree with any part of these Terms, please do not use our website or services.


1. Definitions

“Company” refers to Nexify Dot, its officers, directors, employees, agents, and affiliated entities.
“Client” refers to the individual or entity that purchases or uses Nexify Dot’s services.
“Services” means all marketing, advertising, consulting, development, and digital strategy services offered by Nexify Dot.
“Website” refers to all content and pages located at [www.nexifydot.com] and its subdomains.
“Agreement” refers to these Terms along with any Service Agreements, Statements of Work (SOW), or other signed documents between Nexify Dot and the Client.


2. Acceptance of Terms

By using our Services, whether via our website or by signing an agreement, you accept these Terms. These Terms may be updated periodically, and continued use of the Services implies acceptance of any updated Terms.


3. Scope of Services

Nexify Dot provides internet marketing and digital services, including but not limited to:

  • Search Engine Optimization (SEO)

  • Pay-Per-Click Advertising (PPC)

  • Social Media Management & Marketing

  • Email Marketing Campaigns

  • Web Analytics & Reporting

  • Digital Strategy Consulting

  • Branding and Content Development

  • Landing Page Design & CRO

  • Reputation Management

Services are delivered based on the terms outlined in each specific Service Agreement or Statement of Work.


4. Client Obligations

Clients agree to:

  • Provide all required access to websites, ad platforms, CRM tools, analytics platforms, and other assets necessary for service delivery.

  • Ensure that all information provided is accurate, current, and complete.

  • Respond to approval requests, content drafts, and campaign reviews in a timely manner.

  • Abide by applicable laws and not use Nexify Dot’s Services for fraudulent, illegal, or unethical purposes.

  • Secure the appropriate rights to any third-party content or materials shared with us.

Failure to comply may result in delays, suspension, or termination of Services.


5. Fees and Payment Terms

5.1 Invoicing

Fees for Services will be defined in your signed Service Agreement. All invoices are payable within the timeframe specified, usually within 30 days of receipt, unless otherwise stated.

5.2 Late Payments

Late payments may incur:

  • A late fee of 1.5% per month (or the maximum permitted by law).

  • Suspension of services until payment is received.

  • Termination of contract after repeated non-payment.

5.3 Non-Refundable Charges

Unless otherwise agreed in writing, all fees paid are non-refundable, including retainers, setup fees, and service charges, regardless of performance or results.


6. Performance and Results Disclaimer

Nexify Dot makes no guarantees regarding:

  • Rankings on search engines

  • Conversion rates

  • Return on advertising spend (ROAS)

  • Click-through rates

  • Sales or revenue increases

Marketing results are influenced by many factors beyond our control, including market trends, audience behavior, and third-party platform policies.


7. Intellectual Property Rights

7.1 Client Materials

You retain ownership of all pre-existing intellectual property provided to us. You grant Nexify Dot a license to use such materials for the purpose of performing the Services.

7.2 Created Work

Unless otherwise agreed:

  • All original content, creatives, campaigns, and deliverables created by Nexify Dot become the Client’s property upon full payment.

  • Nexify Dot retains the right to use anonymized work samples for portfolio and marketing purposes.

7.3 Tools and Templates

Nexify Dot retains all rights to proprietary frameworks, templates, software, and methodologies used in delivering Services.


8. Confidentiality

Both parties agree to maintain the confidentiality of any sensitive information shared during the course of the engagement. This includes:

  • Trade secrets

  • Customer data

  • Campaign strategies

  • Platform credentials

Confidential information will not be disclosed to any third party without prior written consent, unless required by law.


9. Third-Party Services

Some campaigns may involve third-party platforms (e.g., Google Ads, Facebook, LinkedIn). You acknowledge that:

  • We are not responsible for downtime, changes, or account suspensions imposed by these platforms.

  • You agree to be bound by the terms and policies of these third parties.

  • You are responsible for funding direct media/ad spend unless otherwise stated.


10. Data Protection and Privacy

We handle personal data in compliance with applicable U.S. state and federal laws. For more information, please refer to our Privacy Policy. By using our Services, you consent to the collection and use of data as outlined therein.

You represent and warrant that any data you provide:

  • Is lawfully obtained.

  • Does not infringe on third-party rights.

  • Includes proper user consent if required by law.


11. Acceptable Use

You agree not to use the Services to:

  • Promote illegal, deceptive, or harmful products or content.

  • Violate intellectual property rights or privacy rights.

  • Engage in spam, phishing, or fraudulent advertising.

Nexify Dot reserves the right to terminate Services immediately for violations of this policy.


12. Term and Termination

12.1 Term

The term of the Agreement is defined in the applicable Service Agreement. If not specified, Services are considered month-to-month and may be terminated by either party with 30 days’ written notice.

12.2 Termination for Cause

We reserve the right to terminate the agreement immediately if:

  • You fail to make timely payment.

  • You breach these Terms or any applicable laws.

  • You engage in unethical, misleading, or illegal business practices.

12.3 Effects of Termination

Upon termination:

  • All unpaid fees become immediately due.

  • We may retain records for compliance purposes.

  • Access to marketing accounts or materials may be revoked if payment is outstanding.


13. Limitation of Liability

To the fullest extent permitted by law:

  • Nexify Dot shall not be liable for indirect, incidental, consequential, or punitive damages.

  • Our total liability for any claim is limited to the amount paid by the Client in the 12 months prior to the claim.


14. Force Majeure

Nexify Dot is not liable for delays or failures caused by circumstances beyond our reasonable control, including but not limited to:

  • Natural disasters

  • Internet outages

  • Government actions

  • Platform failures (e.g., Google, Facebook)

  • Labor strikes


15. Dispute Resolution

Any disputes arising from these Terms or the Services shall be resolved as follows:

  • Governing Law: The laws of the State of Kentucky, Canada.

  • Jurisdiction: The courts of Madison County, Kentucky shall have exclusive jurisdiction.

Each party waives its right to a jury trial.


16. Changes to Terms

We may update these Terms from time to time. Changes will be posted to this page with the updated date. Continued use of Services after changes implies acceptance of the revised Terms.


17. Entire Agreement

These Terms, along with any Service Agreements or SOWs, represent the full and complete agreement between the Client and Nexify Dot. Any previous understandings, whether oral or written, are superseded by this document.


18. Contact Information

For any questions about these Terms or our Services, please contact:

Nexify Dot
212 N. 2nd Street, Suite 100, Richmond, KY, 40475
Email: info@nexifydot.com
Phone: +1 (270) 572-0639
Website: https://www.nexifydot.com

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