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Terms & Conditions

Effective Date: 18 May 2026

These Terms and Conditions govern the provision of services by NXTGEN (“NXTGEN”, “we”, “our”, or “us”) to any client (“Client”, “you”, or “your”).

By engaging NXTGEN for any services, accepting a proposal, quotation, invoice, or making payment, you agree to be bound by these Terms and Conditions.

1. Services

NXTGEN provides services including but not limited to:

• Website design and development
• E-commerce development
• Branding and creative services
• Digital marketing
• SEO and advertising services
• Consultancy and strategy
• Website maintenance and support

The scope of work for each project will be outlined in a written proposal, quotation, invoice, or statement of work.

2. Acceptance of Terms

It is not necessary for the Client to sign these Terms and Conditions for them to apply. Acceptance of a quotation, proposal, invoice, or payment for services constitutes acceptance of these Terms and Conditions in full.

3. Quotations and Pricing

All quotations provided by NXTGEN are valid for 30 days unless otherwise stated.

We reserve the right to amend pricing or decline work after the validity period has expired.

Prices quoted are exclusive of VAT unless explicitly stated otherwise.

4. Payment Terms

Unless otherwise agreed in writing:

• Invoices are payable via BACS transfer.
• Payment terms are strictly as stated on the invoice.
• Deposits and upfront payments are non-refundable.
• Ongoing monthly services are billed in advance.
• Failure to make payment on time may result in suspension of services.

NXTGEN reserves the right to withhold delivery, transfer, launch, or handover of any project until all outstanding balances have been paid in full.

5. Late Payments

If payment is overdue, we reserve the right to:

• Suspend active work
• Remove hosted services where applicable
• Delay project delivery
• Charge statutory interest and recovery costs under the Late Payment of Commercial Debts legislation

The Client shall be responsible for any reasonable legal or debt recovery costs incurred.

6. Project Timelines and Delays

Both parties agree to adhere to agreed project timelines and deadlines.

The Client must provide requested content, approvals, feedback, and assets promptly. Delays caused by the Client may result in:

• Revised timelines
• Rescheduling of work
• Additional fees where applicable

NXTGEN will not be liable for delays caused by:

• Third-party suppliers
• Hosting providers
• Force majeure events
• Delayed client communication or approvals

7. Client Responsibilities

The Client agrees to:

• Provide accurate and lawful content
• Ensure all supplied materials do not infringe third-party rights
• Appoint a primary point of contact for the project
• Review and approve work within reasonable timeframes

The Client is solely responsible for the legality, accuracy, and ownership of all content supplied to NXTGEN.

8. Revisions and Scope Changes

Unless otherwise agreed, projects include a reasonable number of revisions during each phase.

Requests that significantly alter the agreed brief, introduce new functionality, or contradict previously approved work may incur additional charges.

Any additional work outside the agreed scope will be quoted separately.

9. Website Launch and Approval

Prior to launch, the Client is responsible for reviewing and approving:

• Content
• Functionality
• Design
• User experience

Once approval has been given and the website is launched, the project will be deemed completed.

10. Third-Party Services

Projects may rely on third-party platforms, software, APIs, hosting providers, plugins, or services.

NXTGEN is not responsible for:

• Third-party outages or failures
• Changes to third-party pricing
• Plugin incompatibilities
• Security vulnerabilities caused by third-party software

Any third-party costs are payable by the Client unless otherwise agreed.

11. Browser Compatibility

We develop websites to function on modern, widely used browsers at the time of development.

We do not guarantee compatibility with outdated or future browser versions released after project completion.

Additional compatibility updates may incur extra charges.

12. Intellectual Property

The Client retains ownership of all materials provided to NXTGEN.

All bespoke designs, code, graphics, and creative work remain the property of NXTGEN until full payment has been received.

Upon final payment:

• Ownership of approved bespoke deliverables transfers to the Client
• NXTGEN retains the right to showcase completed work within portfolios and marketing materials unless otherwise agreed in writing

Any third-party assets remain subject to their original licensing terms.

13. Confidentiality

Both parties agree to keep confidential information private and not disclose it to third parties unless:

• Required by law
• Necessary for project fulfilment
• Already publicly available

This obligation survives termination of the agreement.

14. Hosting, Domains, and Maintenance

Unless expressly included in writing:

• The Client is responsible for domain registration and renewal
• Hosting fees are payable separately
• Ongoing maintenance is not included

Where NXTGEN manages hosting or maintenance services, those services are subject to separate agreements and recurring fees.

15. Limitation of Liability

To the maximum extent permitted by law, NXTGEN shall not be liable for:

• Loss of profits
• Loss of revenue
• Loss of business
• Loss of data
• Indirect or consequential losses

Our total liability under any agreement shall not exceed the total fees paid by the Client for the relevant services.

16. Indemnity

The Client agrees to indemnify and hold harmless NXTGEN against any claims, damages, liabilities, costs, or expenses arising from:

• Materials supplied by the Client
• Breach of intellectual property rights
• Unlawful content
• Misuse of services

17. Termination

Either party may terminate ongoing services by providing 60 days’ written notice unless otherwise agreed.

Upon termination:

• Outstanding invoices become immediately payable
• Work completed up to the termination date remains chargeable
• Deposits and advance payments are non-refundable

NXTGEN reserves the right to terminate services immediately where there is:

• Non-payment
• Abuse
• Illegal activity
• Serious breach of these Terms

18. Force Majeure

Neither party shall be liable for delays or failure to perform obligations caused by events beyond reasonable control, including but not limited to:

• Natural disasters
• Power failures
• Internet outages
• Government restrictions
• War
• Cyber attacks
• Labour disputes

19. Complaints Procedure

If the Client is dissatisfied with any aspect of the service, concerns should first be raised directly with the assigned project manager or account contact.

Formal complaints may be submitted in writing to:

Email: hello@nxtgencommerce.co.uk

We will investigate and aim to resolve complaints promptly and fairly.

20. Data Protection

Both parties agree to comply with applicable UK data protection legislation, including the UK GDPR and Data Protection Act 2018.

Where necessary, separate Data Processing Agreements may be entered into.

Please refer to our Privacy Policy for further information.

21. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.

Any disputes arising shall be subject to the exclusive jurisdiction of the courts of England and Wales.

22. Sever-ability

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

23. Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties and supersede all prior discussions, agreements, or understandings relating to the services provided by NXTGEN.