Terms of Service

1. Acceptance of Terms

By accessing or using the services provided by The Nexablack ("Company," "we," "us"), you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, please refrain from using our services. These terms apply to all visitors, clients, and users of our website and services.

2. Services Description

The Nexablack provides digital creative services including but not limited to graphic design, brand identity development, web development and design, search engine optimisation (SEO), social media management and advertising, video editing and motion graphics, and content creation. The specific scope, timeline, deliverables, and pricing of each project will be outlined in a separate project proposal or service agreement provided before work commences.

We offer both one-time project-based services and ongoing retainer packages for services such as social media management and SEO. Retainer services are billed monthly and can be cancelled with 30 days written notice. All services are delivered remotely unless otherwise agreed in writing.

3. Intellectual Property Rights & AI-Generated Content

Upon full payment of all fees due for a project, clients receive full intellectual property ownership of the final deliverables created specifically for them. This includes design files, source code, written content, and visual assets. The Nexablack retains the right to display completed work in its portfolio, case studies, and marketing materials unless a mutual non-disclosure agreement prohibits this in writing.

Any third-party assets, fonts, stock imagery, or software libraries used in the project remain the property of their respective owners and are licensed for use in the final deliverables. We do not transfer ownership of our underlying methodologies, tools, or proprietary frameworks used during the project.

AI-Generated Content: Where artificial intelligence (AI) models or tools have been utilised in the creation of project deliverables (including but not limited to code generation, copywriting, or visual assets), The Nexablack transfers all available usage rights to the client to the fullest extent permitted by law. However, as AI-generated works may not currently qualify for exclusive human authorship under UK copyright law, we make no representations or warranties regarding the copyrightability, exclusive ownership, or trademark viability of these specific assets. The Nexablack shall not be held liable for any third-party intellectual property claims arising specifically from the use of AI-generated elements within the final deliverables.

4. Payment Terms and Pricing

Payment terms are clearly outlined in the project proposal. Typically, a 50% deposit is required to begin work on new projects, with the remaining balance due upon completion or delivery of final files. For retainer services, payment is due at the start of each billing cycle. All prices are quoted in GBP (£) and exclude VAT where applicable.

Late Payment: Late payments beyond 14 days of the invoice date may result in a temporary suspension of work until payment is received. Overdue accounts will be subject to interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998. Under this legislation, we are entitled to claim statutory interest at 8% above the Bank of England base rate per year, plus fixed debt recovery compensation of £40–£100 per invoice depending on the amount owed. We reserve the right to withdraw from a project and pursue full payment for all completed work if payment is not received within 60 days.

5. Revisions, Changes and Approval Process

Each project includes a defined number of revision rounds as specified in the proposal. Standard packages include up to three revision rounds. Additional revisions beyond the agreed scope may incur extra charges at our standard hourly rate. We work collaboratively with clients to refine deliverables until they meet the agreed objectives. Client approval of deliverables, whether written or via email, constitutes final acceptance of work.

Any changes to the project scope after work has begun may result in adjustments to the timeline and pricing. We will provide a revised quote for any significant scope changes before proceeding with additional work.

6. Confidentiality and Data Protection

We treat all client information, project details, business data, and communications as confidential. We do not share client data with third parties without explicit permission, except where required by law or for the purpose of delivering our services (e.g., sharing necessary information with subcontractors). We comply with the UK Data Protection Act 2018 and GDPR requirements. For full details on how we handle your personal data, please refer to our Privacy Policy.

7. Third-Party Services, Platforms, and API Integrations

Our services and deliverables frequently integrate with, or rely upon, third-party platforms, APIs, software, and services (including, but not limited to, messaging networks like the WhatsApp Business API, workflow automation platforms, AI models, hosting environments, and third-party code libraries).

The Nexablack is not responsible or liable for the performance, reliability, or continued availability of these external services. We accept no liability for any project failure, service interruption, loss of functionality, or additional costs incurred due to third-party vendor actions. This includes, but is not limited to: changes in third-party API rules or terms of service, platform deprecations, software or framework updates, rate limiting, or pricing adjustments that occur after the deliverables have been handed over. Any subsequent work required to repair, update, or reconnect deliverables due to third-party changes will be quoted and billed as a new project or covered under an active, separate maintenance agreement.

8. Limitation of Liability

The Nexablack shall not be held liable for any indirect, incidental, special, or consequential damages arising from the use of our services, including but not limited to loss of revenue, loss of profits, or loss of data. Our total liability for any claim arising from our services is strictly limited to the total amount paid by the client for the specific service giving rise to the claim.

9. Project Timeline, Delivery, and Dormancy

Project timelines are estimates provided in good faith based on the scope outlined in the proposal. Delays may occur due to factors outside our control, including delayed client feedback, third-party dependencies, or technical issues. We communicate proactively about any timeline changes and work to minimise delays wherever possible. Client feedback turnaround times directly affect project completion dates.

Dormancy Clause: If a client fails to provide necessary feedback, required assets, or approval for a period exceeding 30 consecutive days, the project will be classified as dormant and placed on hold. The Nexablack reserves the right to invoice for all work completed up to the date the project became dormant. To resume a dormant project, a restart fee of 10% of the total project value may be applied to cover the administrative costs of reallocating agency resources, and new timeline estimates will be established.

10. Web Hosting, Maintenance, and Post-Launch Support

Where our web development services include launching a website or web application (whether custom-built, CMS-based, or deployed on a server), our responsibility concludes upon successful launch and handover of final files. Once a website is launched and final deliverables are transferred, The Nexablack is not responsible for subsequent security breaches, server downtime, plugin or framework updates, or compatibility issues arising from third-party changes, unless the client is enrolled in a specific, ongoing maintenance retainer agreement.

Where included, post-launch support covers bug fixes related to the original scope of work for a period of 30 days following launch. Any feature additions, content updates, or modifications beyond the original scope will be quoted and billed separately. We strongly recommend all clients maintain regular backups and consider ongoing maintenance retainers for mission-critical websites.

11. Termination and Cancellation

Either party may terminate a project agreement with written notice. In the event of termination initiated by the client after work has begun, the client is responsible for payment for all work completed up to the termination date at the rates outlined in the proposal. For retainer services, either party may cancel with 30 days written notice. Upon termination, we will deliver all completed work files to the client.

12. Changes to Terms

We reserve the right to update or modify these terms at any time. Clients with active projects or retainers will be notified of significant changes via email. Continued use of our services after any modifications indicates acceptance of the updated terms. We recommend reviewing these terms periodically for any changes.

13. Governing Law

These terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these terms or our services shall be subject to the exclusive jurisdiction of the courts of England and Wales.

14. Contact Information

For questions about these terms, to request a project proposal, or to discuss any aspect of our services, please reach out to connect@thenexablack.com or call us at +447784831982. Our office is located at BL9 7HG, Bury, Greater Manchester, UK.