Terms & Conditions

Last Updated: July 21, 2025

1. Introduction

These Terms and Conditions ("Terms") constitute a legally binding agreement between Nexo Mark Digital Agency ("Company", "we", "us", or "our") and the client ("Client", "you", or "your") regarding the provision of digital services through our website atnexomark.agency (the "Site").

By accessing our Site or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you disagree with any part of these Terms, you must discontinue use of our services immediately.

2. Definitions

• Services: The digital services offered by Nexo Mark as detailed in Section 3
• Deliverables: All materials, products, and work product developed by Nexo Mark for the Client
• Partner Agency: A digital agency enrolled in our white-label partnership program
• Project: A defined scope of work with specific deliverables and timeline

3. Services Overview

Nexo Mark provides comprehensive digital solutions including but not limited to:

• Custom Web Development: Responsive websites, web applications, and e-commerce solutions
• UI/UX Design: User interface design, user experience optimization, and prototyping
• Digital Marketing: SEO, PPC, social media marketing, and content strategy
• Graphic Design: Brand identity, print materials, and digital assets
• Video Production: Commercial, explainer, and promotional video content
• 3D Visualization: Product renders, architectural visualization, and animations

Specific services will be detailed in individual Statements of Work (SOW) or Service Agreements.

4. Agency Partnership Program

5. Payment Terms

6. Intellectual Property

6.1 Client Rights

Upon full payment, Clients receive worldwide, perpetual, non-exclusive rights to use the Deliverables for their intended purpose. All final source files will be transferred unless otherwise specified.

6.2 Agency Rights

Nexo Mark retains the right to:

• Display completed work in our portfolio and marketing materials
• Use anonymized project data for internal improvement
• Reuse non-client-specific code snippets and design patterns

6.3 Third-Party Assets

Client is responsible for licensing any third-party assets (fonts, stock media, etc.) unless procured by Nexo Mark as part of the project budget.

7. Project Management

7.1 Standard Timelines

• Web Development: 4-12 weeks depending on complexity
• Design Projects: 2-6 weeks with 3 revision rounds
• Marketing Campaigns: Minimum 3-month commitment recommended

7.2 Client Responsibilities

To maintain project timelines, Clients agree to:

• Provide all required assets and information by agreed dates
• Respond to requests for feedback within 3 business days
• Designate a single point of contact for project decisions

7.3 Change Management

Scope changes requested after project commencement may result in adjusted timelines and/or additional fees. Formal change requests will be documented and require written approval.

8. Confidentiality

Both parties agree to maintain the confidentiality of all proprietary information exchanged during the project term and for 3 years thereafter. This includes:

• Business strategies and internal documents
• Unreleased product information
• Proprietary methodologies
• Financial arrangements

Standard NDAs are executed for all Partner Agency engagements and available upon request for direct clients.

9. Liability

9.1 General Limitations

Nexo Mark's total liability for any claim related to our services shall not exceed the total fees paid by Client for the specific project giving rise to the claim. We are not liable for:

• Third-party platform changes (e.g., CMS updates, API modifications)
• Delays caused by late Client feedback or asset delivery
• Downtime of Client-hosted systems
• Consequential or incidental damages

9.2 Warranties

All services are provided "as is" without warranty of merchantability or fitness for a particular purpose. We warrant that deliverables will conform to the specifications in the SOW when delivered.

10. Termination

Either party may terminate an engagement with 30 days written notice. In the event of termination:

• Client pays for all work completed through termination date
• Deposits remain non-refundable
• Nexo Mark will deliver work-in-progress materials
• Outstanding balances become immediately due

Partner Agencies may be subject to additional termination terms as specified in their Partnership Agreement.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Any disputes arising under these Terms will be resolved through binding arbitration in Wilmington, Delaware under the rules of the American Arbitration Association. The prevailing party shall be entitled to recover reasonable attorneys' fees and costs.

12. General Provisions

• These Terms constitute the entire agreement between the parties
• Amendments must be in writing and signed by both parties
• If any provision is held invalid, the remainder shall remain in effect
• No waiver of any breach shall constitute a waiver of any subsequent breach
• Client may not assign rights without our written consent

13. Contact Information

For questions regarding these Terms or to request a signed copy:

Nexo Mark Digital Agency

1201 Orange Street, Suite 600

Wilmington, DE 19801

Email: info@nexomark.agency

Phone: +1 (302) 555-0142