Business: [Legal Business Name] d/b/a NexusWave Digital · Miami, Florida
Website: [Website URL]
Email: [email protected] · Privacy: [email protected] · Phone: 786-283-1448
By accessing this website or engaging NexusWave Digital for services, you agree to these Terms.
1Services
NexusWave Digital provides web design, web development, website setup and launch, basic branding/styling, copy structure and light copywriting, lead capture setup, contact and quote forms, basic local SEO setup, hosting coordination, ongoing maintenance, and certain automation or chatbot-related setup on selected packages.
2Eligibility
This website and services are intended for users who are at least 18 years old. By using the website or purchasing services, you represent that you are at least 18.
3Website Use
You agree not to:
- use the website for any unlawful purpose
- interfere with or disrupt the website or its security
- scrape, copy, reverse engineer, or exploit website content without written permission
- submit false, misleading, infringing, or harmful content through contact forms
- attempt unauthorized access to systems, data, or accounts
We may suspend, block, or restrict access for misuse.
4Quotes, Proposals, and Scope
All proposals, estimates, and quotes are based on the project scope discussed at the time issued. Any change in scope may result in additional charges, adjusted deadlines, or a revised proposal. A project begins only after both a signed agreement or written acceptance, and receipt of the required deposit.
5Payment Terms
A 50% non-refundable deposit is required before work begins unless otherwise stated in writing. The remaining balance is due before final delivery, launch, or transfer.
Accepted payment methods may include card, ACH, Stripe, PayPal, and invoice payment. Payment plans may be offered case by case and do not waive any of these Terms.
If payment is late, NexusWave Digital may:
- pause work
- delay launch or delivery
- withhold files, credentials, exports, or transfer
- charge late fees or interest of [Late Fee Terms, e.g. 1.5% per month or the maximum permitted by law]
- recover collection costs, attorney's fees, and court costs where permitted by law
6Chargebacks
Before initiating a chargeback or payment dispute, you agree to send written notice and allow at least 10 business days for NexusWave Digital to review and attempt to resolve the issue. Chargebacks filed without prior notice and an opportunity to cure may be treated as a breach of these Terms to the extent permitted by law.
7No General Refunds
Because services are custom and time-based, all deposits are non-refundable and there are no general refunds once work has started. If a client cancels after work begins, the client remains responsible for all work performed and costs incurred up to the cancellation date.
8Revisions and Out-of-Scope Work
Included revisions are based on package tier unless otherwise stated:
- Minimum: 1 round
- Growth: 2 rounds
- Professional: 3 rounds
Additional revisions and out-of-scope requests may be billed at an hourly rate, a flat fee, or under a new quote.
9Timelines
Any timeline is an estimate only. Delays caused by client nonresponse, missing content, delayed approvals, third-party issues, or scope changes automatically extend deadlines. Rush work may incur a separate rush fee.
10Client Responsibilities
The client is responsible for providing, unless otherwise agreed: text, images, logos, product or service information, legal policies, approvals, and access credentials.
You represent that anything you provide is lawful, accurate, and does not infringe third-party rights.
11Intellectual Property
- NexusWave Digital retains ownership of all drafts, mockups, concepts, source files, methods, frameworks, reusable assets, and internal processes.
- Final project ownership transfers only after full payment is received.
- The client receives the right to use final deliverables only for the client's own business.
- The client may not resell, sublicense, or redistribute deliverables unless expressly permitted in writing.
- NexusWave Digital may display completed work in its portfolio and marketing.
- NexusWave Digital may place a small footer credit on websites it designs unless a written buyout is purchased.
12Third-Party Tools and Services
Projects may involve third-party hosting providers, domain registrars, plugins, themes, fonts, stock assets, analytics tools, payment processors, scheduling tools, maps, automation tools, and other vendors. These remain subject to their own terms and licenses.
Clients are responsible for domain ownership and renewals, hosting fees and renewals, plugin/app/theme/font/software subscription renewals after handoff, and compliance with third-party license terms.
NexusWave Digital is not liable for third-party outages, feature changes, pricing changes, license changes, hacks, malware, or hosting-level failures not caused directly by its own misconduct.
13Hosting, Domains, and Launch
Unless expressly included in writing, clients remain responsible for acquiring and maintaining hosting, domains, SSL certificates, email services, and renewals. NexusWave Digital may coordinate setup, but ownership and renewal responsibility remain with the client.
14Maintenance Plans
Maintenance or support plans, if purchased, may include hosting coordination, minor text/image edits, plugin/core update support, contact form checks, basic uptime monitoring, small content changes, and basic reporting on higher tiers.
Maintenance plans auto-renew monthly unless canceled, do not guarantee uptime, are provided on a best-effort basis, do not roll over unused support hours, may be repriced with notice, and may be suspended for nonpayment or abuse. To cancel, written notice must be given at least 7 days before the next billing date.
15No Legal, Tax, or Compliance Advice
NexusWave Digital does not provide legal, tax, accounting, privacy, ADA, accessibility, or regulatory advice. Unless specifically agreed in writing, NexusWave Digital does not guarantee that any website complies with applicable laws. The client remains responsible for their own legal compliance.
16SEO, Performance, and Results Disclaimer
NexusWave Digital does not guarantee specific rankings, traffic, leads, conversions, revenue, uptime, sales, or business results.
17Abandoned Projects
If a client becomes unresponsive for 30 days, the project may be deemed abandoned. NexusWave Digital may close the project, retain all payments made, invoice for work performed, and require a restart or rescheduling fee before resuming.
18Termination
We may suspend or terminate services or access for nonpayment, abuse, non-cooperation, legal risk, repeated delay, misuse of the website, or other material breach. The client remains responsible for fees earned or incurred through the termination date.
19Limitation of Liability
To the fullest extent permitted by law, NexusWave Digital is not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, lost data, business interruption, reputational harm, or downtime. NexusWave Digital's total liability for any claim arising from a specific service is capped at the amount actually paid for that specific service.
20Indemnification
You agree to defend, indemnify, and hold harmless NexusWave Digital from claims, losses, damages, liabilities, judgments, costs, and expenses, including reasonable attorney's fees, arising from content or materials you supply, your misuse of the website or deliverables, your breach of these Terms, allegations that your supplied materials infringe third-party rights, and your legal noncompliance.
21Force Majeure
NexusWave Digital is not liable for delay or failure caused by events beyond reasonable control, including outages, disasters, acts of God, illness, labor disruptions, cyber incidents, vendor failures, governmental actions, and internet or hosting failures.
22Notice and Opportunity to Cure
Before filing a legal claim, a party must give written notice of the alleged breach and allow at least 15 days to cure, if curable.
23Dispute Resolution; Venue
These Terms are governed by Florida law. Any dispute arising from these Terms, the website, or services shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida. To the extent permitted by law, the parties waive class actions and jury trials. The prevailing party in any dispute may recover reasonable attorney's fees and costs where permitted by law.
24DMCA / Copyright Complaints
If you believe content on the website infringes your copyright, send a notice to [email protected] with:
- your name and contact information
- identification of the copyrighted work
- the exact URL or material claimed to infringe
- a statement of good-faith belief
- a statement under penalty of perjury that your claim is accurate and you are authorized to act
- your physical or electronic signature
25Changes to Terms
We may update these Terms at any time by posting an updated version with a new effective date.