Purchase Agreement
By signing or clicking "Confirm Contract," you confirm that you have read and accepted these terms. These terms apply to all clients who have received an invoice from NexAmbit.
The term "Client," "you," or "your" refers to any person, organization, or company purchasing Services from NexAmbit. "Service Provider," "we," "us," or "our" refers to NexAmbit.
Services covered under this agreement include: Web Design, SEO, PPC Campaigns, Social Media Advertising, Analytics, WordPress, E-commerce, Graphic Services (logos, brochures, business cards, banners, posters, eBrochures, QR codes), Audio, Video, Editing, Branding, Video Production, Photography, Social Media, Internet Marketing Training, Strategy Formulation, and any other Marketing and Sales Services.
This agreement applies to all past, present, and future services provided by NexAmbit to the Client. Additional conditions may apply based on the specific services purchased.
Common Terms & Conditions
Authorization
The Client engages NexAmbit as an independent contractor for the specific purpose of designing and setting up new accounts. The Client authorizes NexAmbit to access pre-existing accounts with "write permission" as needed to complete the purchased Services.
Links
All links provided by the Client are assumed to be verified and approved for use. NexAmbit takes no responsibility for any legal action arising from unapproved links used on the Client's services.
Graphics, Audio & Video Media
NexAmbit will create, capture, or receive all graphics, audio, and video elements necessary to complete the Client's services. This includes photography, scanning, animation, and third-party stock media.
- Photography & Video Shooting: For U.S. and Canada clients, NexAmbit may visit the Client's place of business to capture digital media. Travel, food, and accommodation costs are the Client's responsibility.
- Third-Party Stock Media: All costs for third-party stock photography, audio, and video must be paid by the Client. The Client accepts full responsibility for any third-party media they provide.
Text & Files
Text and files supplied by the Client must be provided in a readable electronic format (Microsoft Word, .jpg, .gif, .png, .pdf) via email, CD, DVD, or USB. Additional charges may apply for files requested by other means.
Additional Requests
Any additional design or development work requested beyond the original agreement will be billed at a standard rate of $300/hr (negotiable based on scope).
Payment Terms & Workflow
Unless otherwise stated in the invoice, the Client agrees to pay the full cost upfront before work commences. Accepted payment methods include credit card, bank draft, money order, check, and bank/email transfer.
NexAmbit reserves the right to remove all web content, designs, and development from the internet if payment is not made within 30 days after delivery notification. Delinquent accounts may be referred to a third-party collections agency.
Monthly Subscription Payments
Monthly fees are due in advance each month. Services may be paused if payment is not received within 3 days of the due date. Cancellations must be submitted to [email protected] at least 5 days before the next billing cycle.
Client Amendments
Significant changes to completed work — including new layouts, logo redesigns, replacing more than 50% of content, or restructuring navigation — are not covered under the original agreement and will be invoiced separately. Examples include:
- Redesigning a video, graphic, website layout, or strategy due to a vision change
- Recreating or significantly modifying a company logo or resetting Google tools
- Replacing more than 50% of text or image content on any given page
- Creating a new navigational structure or changing design links
- Reconfiguring PPC ad accounts, campaigns, or web links
- Additional content updates beyond what is included in a Virtual Assistance Plan
Copyrights & Trademarks
The Client guarantees that all text, graphics, photos, designs, audio, video, trademarks, and artwork furnished to NexAmbit are owned by the Client or that the Client has permission from the rightful owner. The Client agrees to hold NexAmbit harmless from any claim arising from the use of such materials.
NexAmbit will not be liable for any copyright infringements resulting from Client-provided content.
Third-Party Modifications
If the Client or any agent other than NexAmbit attempts to update or modify completed services and damages the design or impairs functionality, repair time will be assessed at $300/hr. This applies to monthly maintenance services as well.
Assignment of Development
NexAmbit reserves the right to assign qualified subcontractors to ensure on-time completion and the right fit for the job. NexAmbit warrants all work completed by subcontractors.
Service Limited Liability
The Client agrees that material submitted for publication will not contain anything abusive or unethical, including but not limited to: pornography, obscenity, privacy violations, computer viruses, harassment, illegal activity, or spamming.
The Client agrees to defend, indemnify, and hold NexAmbit harmless from any demands, liabilities, losses, costs, and claims — including attorney's fees — associated with NexAmbit's development of the Client's services.
Under no circumstances shall NexAmbit be liable for any direct, indirect, incidental, special, or consequential damages. The Client's exclusive remedy for all damages shall not exceed the aggregate amount paid during the term of the contract.
Ownership
Copyright to the finished assembled work — including design, photos, graphics, source code, work-up files, text, and programs — vests with the Client upon final payment. All materials remain the property of NexAmbit until final payment has been received.
Design Credit & Reviews
The Client agrees that NexAmbit may include a design/development byline on the Client's website. The Client also agrees that completed work may be included in NexAmbit's portfolio, and that the Client will provide a testimonial when requested.
Nondisclosure
NexAmbit and its employees/subcontractors agree not to disclose any confidential Client information at any time during or after the term of this agreement. Likewise, the Client agrees not to share any confidential NexAmbit strategies, vision, information, or training materials with third parties.
Completion Date & Cancellation
Both parties must work together to complete development in a timely manner. Cancellations must be made within 3 days of purchase. After 3 days, NexAmbit reserves the right to retain 50% of the total invoice amount as a deposit and development expense.
Once development is complete, any further work will incur additional cost. Unless the Client is a monthly paid subscriber, NexAmbit has no legal liability to continue work on completed services.
Entire Understanding
These terms constitute the sole agreement between NexAmbit and the Client. They become effective immediately upon engagement of services. NexAmbit reserves the right to revise these terms at any time; revisions will be posted in accordance with this agreement.
Web Design Terms
Domain Registration
NexAmbit may secure a domain on the Client's behalf. All charges will be billed as an additional fee. If the desired domain is owned by another party, an alternative must be registered.
Standard Hosting
NexAmbit may order hosting on the Client's behalf, or the Client may order independently. All hosting fees must be paid before ordering. Clients who are not advanced internet users are encouraged to use NexAmbit's services to manage this account.
Cross-Browser Compatibility
Websites are designed for compatibility with Microsoft Internet Explorer 10 and Google Chrome. Time spent redesigning for compatibility due to new browser versions will be separately negotiated.
Website Design Services
NexAmbit may use open-source platforms such as WordPress and third-party applications. NexAmbit is not liable for faults arising from CMS version mismatches, plugin upgrades, third-party hosting issues, or acts of God.
SEO Keywords & Pages
NexAmbit does not provide any warranty or guarantee for search engine rankings. Page rank depends on many factors including content relevancy, backlinks, domain age, blogging consistency, and social presence.
Monthly Maintenance Terms
For Clients purchasing Monthly Technical Maintenance or Monthly SEO Services, the Client authorizes NexAmbit to make changes to programming, HTML, PHP, CSS, database settings, DNS, plugins, security, and all other technical features to improve the website's performance.
Maintenance requests must be submitted via email between 10 AM – 4 PM, Mon–Fri. Requests received after 4 PM are processed the following business day. Processing may take 3–5 business days depending on the request queue.
Monthly Subscription Cancellation Policy
Cancellation of any monthly subscription — including Technical Maintenance, SEO Plans, AdWords Management, or Analytics Reporting — must be submitted 30 days before the cancellation date via email. NexAmbit retains the right to keep 50% of the final payment as a deposit upon cancellation.
SEO Terms & Guarantee
NexAmbit will work with all keywords and keyword phrases provided by the Client and make every effort to bring said keywords to the top of major search engines. However, organic SEO cannot guarantee specific keyword rankings in specific search engines.
Our guarantee covers keyword and keyword phrase rankings related to the Client's website products and/or services. First-page results on branded company names or PPC campaigns do not constitute a successful organic ranking return.
SEO Commitment
The SEO contract is in force for at least 6 months from the contract start date, with automatic monthly renewal thereafter until written cancellation notice is provided.
SEO Performance Refunds
No refunds will be made before 6 months, as organic optimization typically requires at least 6 months to show results. NexAmbit guarantees that the Client's website will appear within the first 5 pages of at least one major search engine (Google, Bing, or Yahoo) for relevant keywords.
Google, AdWords & PPC Terms
NexAmbit is responsible only for setting up and managing ad campaign accounts. The Client is responsible for paying Google Inc. and Facebook Inc. directly for all pay-per-click costs.
No refunds will be made on Google AdWords PPC, Webmaster/Google Console, Google Analytics, Facebook Advertising, or related Monthly Maintenance and Reporting Services.
NexAmbit does not control Google or Facebook algorithms. Failure of paid ads can occur due to competitor bidding, insufficient client funds, technical reasons, human error, or acts of God. The Client agrees to hold NexAmbit harmless in all such cases.
Google Analytics Code Installation
NexAmbit will generate and provide the Google Analytics code via email. Installation on the Client's website will only be performed upon receiving the Client's written request. Additional fees apply for installation.
Terms of Use
By using www.nexambit.com, you agree to comply with and be bound by these terms. The content of this website is for general information and use only and is subject to change without notice.
NexAmbit makes no warranty as to the accuracy, timeliness, or completeness of information on this website. Your use of any information is entirely at your own risk. This website contains material owned by or licensed to NexAmbit; reproduction is prohibited except in accordance with the copyright notice.
When you upload or submit content to or through our website/services, you grant NexAmbit a worldwide license to use, host, store, reproduce, modify, publish, and distribute such content for the limited purpose of operating and improving our services.
Liability for Our Services
To the extent permitted by law, NexAmbit and its suppliers, vendors, and partners will not be responsible for lost profits, revenues, data, or indirect, special, consequential, or punitive damages. Total liability under these terms is limited to the amount paid by the Client for the Services.
COPYING, DISTRIBUTING, OR UNAUTHORIZED ACCESS OF ANY CONTENT — INCLUDING TEXT, IMAGES, STRATEGIES, OR ANY OTHER ELEMENT PUBLISHED ON THIS SITE — IS STRICTLY PROHIBITED.
Newsletter & Email Opt-In Policy
NexAmbit uses a double opt-in process to add subscribers to our email list, in alignment with the CAN-SPAM Act. All newsletter and promotional emails include an unsubscribe option.
NexAmbit shall not be held liable for any damage arising in connection with the subscription service offered on this website. By subscribing, you agree to hold NexAmbit and its subcontractors harmless from any claim arising from the use of our subscription services.