Terms of Use

These Terms govern your access to, and use of, all content, products, and services available at www.nexitomedia.com (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 from time to time by us. Please read these Terms 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 these Terms, you may not access or use our Services.

1. Acceptance

It is not necessary for any Client to have signed an acceptance of these Terms for them to apply. If a Client accepts a quote, the Client will be deemed to have satisfied themselves as to the terms applying and to have accepted these Terms in full. Any purchase or use of our services implies that you have read and accepted these Terms and Conditions.

2. Intellectual Property

These Terms do not transfer from us to you any of our or any third party's intellectual property, and all right, title, and interest in and to such property will remain solely with NEXITO MEDIA LLC and its licensors.

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 failure 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.

NEXITO MEDIA LLC warrants that original code and design work created by NEXITO MEDIA LLC and delivered under this agreement does not, to its knowledge, infringe the intellectual property rights of any third party. This warranty does not extend to third-party plugins, themes, libraries, or any materials incorporated at the Client's request or based on Client-supplied content.

3. Charges

Charges for services to be provided by NEXITO MEDIA LLC are defined in the project quotation that the Client receives via email 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-day period.

Unless agreed otherwise with the Client, all website design services require an advance payment of 70% of the project quotation total before the work is supplied to the Client for review, with the remaining 30% of the project quotation total due upon completion of the work, prior to upload to the server or release of materials. A minimum deposit of $120 applies where 70% of the quotation total is less than this amount.

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

4. 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.

5. Turnaround Time and Content

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 receipt of 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, videos and other files — to populate the website.

We ask that you provide all required information at least one (1) week prior to the agreed completion date. On any occasion where progress cannot be made because we have not been given the required information in the agreed time frame, we reserve the right to impose a surcharge of up to 25% of the project quotation total. 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 so before the agreed time, we reserve the right to close the project. In that case, the balance remaining becomes payable immediately.

Note: Text content should be delivered as a Microsoft Word, Apple Pages, PDF, or email document, with the pages in the document representing the content of the relevant pages on the website. These pages should have the same titles as the agreed website pages.

NEXITO MEDIA LLC shall not be liable for project delays caused by circumstances beyond its reasonable control, including illness, natural events, third-party service outages, supplier failures, or delays caused by the Client. In such cases, project timelines will be extended by a reasonable period, and NEXITO MEDIA LLC will notify the Client as soon as practicable.

6. Payment

Invoices will be provided by NEXITO MEDIA LLC upon completion but before publishing the live website. Invoices are normally sent via email. Invoices are due upon receipt. Accounts that remain unpaid ten (10) days after the date of the invoice will be assessed a service charge of the higher of twenty percent (20%) or $40 per month of the total amount due.

7. Additional Expenses

The Client agrees to reimburse NEXITO MEDIA LLC for any additional expenses necessary for the completion of the work. Examples include the purchase of special fonts, stock photography, plugins, or third-party services required for the project. This payment will be required prior to the purchase of the additional required materials.

8. Web Browsers

NEXITO MEDIA LLC 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, Safari). 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 versions or new versions of browsers released after the website has been designed and handed over to the Client. NEXITO MEDIA LLC reserves the right to quote for any work involved in changing the website design or code for it to work with updated browser software.

9. 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 web space, 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.

Payments 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.

10. Termination

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

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 honoured until confirmed in writing or by email. The Client will be invoiced for design work completed to the date of first notice of cancellation, with payment in full due within thirty (30) days.

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

11. 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 (files delivered via email, cloud storage, or similar means) and that all photographs and other graphics will be provided in .gif, .jpeg, .png or .tiff format at sufficient resolution for web use. Although every reasonable attempt shall be made by NEXITO MEDIA LLC to return to the Client any images or printed materials provided, such return cannot be guaranteed.

12. Design Credit

A link to NEXITO MEDIA LLC may 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.

13. 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, SFTP, or hosting control panel. Depending on the specific nature of the project, other resources may also need to be configured on the server.

14. Post-Placement Alterations

NEXITO MEDIA LLC cannot accept responsibility for any alterations to the Client's website caused by a third party occurring after installation. Such alterations include, but are not limited to, additions, modifications, or deletions made by the Client, the Client's hosting provider, or other parties with access to the website.

15. 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 the Client unless otherwise agreed in writing. The loss, cancellation, or expiry of the domain brought about by non-payment 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 domain renewal to ensure that payment is received in good time.

16. Third-Party Services

In using the Services, you may use third-party services, products, software, or applications developed by a third party ("Third-Party Services"). Any use of a Third-Party Service is at your own risk. NEXITO MEDIA LLC is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any Third-Party Services.

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

18. 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 services that damages you or any other party, including claims arising from your violation of these Terms or infringement of any third-party rights.

19. Disclaimer of Warranties

Our Services are provided on an "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.

20. Limitation of Liability

To the maximum extent permitted by applicable law, NEXITO MEDIA LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of, or inability to use, our Services. Our total liability for any claim arising from a service engagement shall not exceed the total fees paid by the Client for that specific engagement.

21. Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, these Terms and any access to or use of our Services will be governed by the laws of the State of Wyoming, United States, without regard to conflict of law provisions. The proper venue for any disputes arising out of or relating to these Terms will be the state and federal courts located in Sheridan County, Wyoming, United States.

For users located in the European Union or United Kingdom: your mandatory statutory rights under applicable consumer protection law in your jurisdiction are not affected by these Terms.

22. 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 before the changes take effect. We will try to provide at least 30 days' notice prior to any material changes taking effect. Your continued use of our Services after changes take effect will constitute your acceptance of the revised Terms.

23. General

These Terms supersede all previous representations, understandings, or agreements. The Client's acceptance via email or payment of an advance fee constitutes agreement to and acceptance of these Terms. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

24. Change Orders

Any work requested by the Client that falls outside the scope of the agreed project quotation constitutes a change order. NEXITO MEDIA LLC will provide a written quotation for all change orders before commencing additional work. Change orders require written approval from the Client before work begins. Approved change orders may affect the project timeline and total cost. NEXITO MEDIA LLC reserves the right to decline change orders that would materially alter the agreed scope or timeline.

25. Confidentiality

Each party agrees to keep confidential all non-public information received from the other party in connection with a project ("Confidential Information"), including login credentials, business data, customer databases, technical specifications, pricing, and internal processes. Neither party shall disclose Confidential Information to third parties without prior written consent, except as necessary to perform the agreed services or as required by law. NEXITO MEDIA LLC will ensure that any contractors or sub-contractors involved in the project are bound by equivalent confidentiality obligations. This obligation survives termination or completion of the project for a period of three (3) years.

26. Data Processing

Where NEXITO MEDIA LLC accesses or processes personal data on behalf of the Client during a service engagement — for example, access to WordPress admin panels, WooCommerce order data, CRM systems, or customer databases — NEXITO MEDIA LLC may act as a data processor for the Client within the meaning of Article 28 of the EU General Data Protection Regulation (GDPR). In such cases, the parties shall enter into a Data Processing Agreement (DPA / AVV) prior to NEXITO MEDIA LLC accessing such systems. Clients may request a DPA by contacting support@nexitomedia.com. The processing of personal data submitted through nexitomedia.com is governed separately by our Privacy Policy.

27. Contact

Questions about these Terms of Use:
NEXITO MEDIA LLC
1309 Coffeen Avenue STE 1200
Sheridan, WY 82801
United States
Email: support@nexitomedia.com