Effective Date: 2024/03/04

Welcome to Nextiom (“Website”). By using our Website or engaging our services, you acknowledge and agree to comply with the following Terms & Conditions. If you do not accept these terms, please refrain from using our Website and services.

1. Definitions

• “Website” refers to https://nextiom.com/.
• “Company,” “We,” “Us,” “Our,” “Nextiom” refers to Nextiom (Pvt) Ltd, a company registered in Sri Lanka (BRN: PV00263572).
• “User,” “Client,” “You,” “Your” refers to any individual or entity accessing the Website or engaging our services.
• “Services” include web design, software development, mobile app design and development, graphic design, WordPress maintenance, speed optimisation, site upgrades, search engine optimisation (SEO), malware removal, tech support, and related offerings.
• “Products” refers to computers, IT accessories and other items sold through our Shop.
• “Technician Listings” refers to the third-party technicians and tradespeople listed on the Website.
• “Deliverables” refers to the websites, software, designs and other work we produce for you.

2. Eligibility & Acceptable Use

You must be at least 18 years old to use our services.

Our services must be used strictly for lawful purposes. Any fraudulent, abusive, or unauthorized activity is prohibited.

You must not ask us to build, host or maintain content that is illegal, infringes the rights of others, or is intended to harm or deceive.

We reserve the right to suspend or terminate accounts or projects engaging in suspicious or harmful activities.

3. Account Registration & Security

Certain services, including the Shop and Members area, require user registration. Users must provide accurate, up-to-date information and maintain account security.

You are responsible for safeguarding your account credentials. We are not liable for unauthorized access due to user negligence.

Where you give us access to your website, hosting, domain or other accounts so we can carry out work, you confirm that you are authorised to do so. We recommend changing those passwords once the work is complete.

We reserve the right to suspend or terminate accounts that violate these terms.

4. Digital Services & Project Work

We provide web design, software development, mobile app, graphic design, WordPress and tech support services.

Quotations & Scope

Each project is carried out according to a quotation or proposal agreed with you. Work outside the agreed scope is quoted and charged separately.

Quotations are valid for 30 days unless otherwise stated.

Client Responsibilities

You agree to provide the content, images, logins and approvals we need in good time. Delays in providing these may delay delivery, and we are not liable for such delays.

You confirm that you own or have permission to use all material you supply to us.

Revisions & Approval

Each project includes the number of revision rounds stated in the quotation. Further revisions are charged separately.

A project is treated as complete once you approve the Deliverables, or 14 days after delivery if we receive no feedback.

Maintenance, SEO & Support

Maintenance, speed optimisation, SEO and malware removal are provided on a best-effort basis. We do not guarantee specific search rankings, traffic, speed scores, or that a site will never be compromised again.

We recommend keeping your own backups. Where a maintenance plan includes backups, this will be stated in the plan.

Support after project completion is limited to fixing faults in our own work for 30 days. Ongoing support is available under a separate maintenance plan.

5. Shop Products: Computers & IT Accessories

Products listed in our Shop are subject to availability. Prices, specifications and images may change without notice.

We may cancel an order and refund it in full if a Product is out of stock or was listed with an incorrect price.

Hardware Products carry the warranty offered by the manufacturer or supplier, as stated on the product page or invoice. Warranty does not cover physical damage, liquid damage, power surges, misuse or unauthorised repair.

Software licences and other digital Products are non-returnable once delivered or activated.

6. Technician Listings

The Website lists independent technicians and tradespeople in categories such as electrical, phone repairs, carpentry, masonry, welding, automobile, plumbing, furniture and air conditioning.

These listings are provided for information only. Nextiom does not carry out this work, and the listed technicians are not our employees or agents.

Any agreement, payment or dispute is strictly between you and the technician. We do not guarantee their work, pricing, qualifications or availability, and we are not liable for any loss or damage arising from it.

7. Payments & Refund Policy

Payments are accepted by bank transfer or securely processed via third-party gateways.

Project work requires an advance payment of 50% before work begins, with the balance due on completion and before final files or site handover, unless the quotation states otherwise.

All sales are final, except where a refund policy explicitly applies.

Refunds

Advance payments are non-refundable once work has started. If you cancel a project, you agree to pay for all work completed up to the cancellation date.

Faulty Shop Products may be returned for repair, replacement or refund in line with the applicable warranty.

Renewals & Recurring Charges

Recurring services such as hosting, domains, maintenance plans and licences must be renewed on time to ensure uninterrupted service. We are not responsible for loss of service or data caused by non-payment.

Renewal prices may change due to changes in third-party provider costs. Renewal charges are non-refundable unless otherwise stated.

Late Payment

We may pause work or suspend services where invoices remain unpaid past their due date.

8. Intellectual Property Rights

All content on the Website, including text, graphics, software, and trademarks, is owned by Nextiom or its respective licensors. Users may not copy, distribute, resell, or modify any Website content without prior written consent.

Ownership of the final Deliverables passes to you once we have received full payment. Until then, all work remains the property of Nextiom.

We keep ownership of our pre-existing code, tools, frameworks and unused design concepts. You receive a licence to use these as part of your Deliverables.

Third-party themes, plugins, fonts, stock images and libraries remain subject to their own licences.

We may show completed work in our portfolio and marketing unless you ask us in writing not to.

9. Third-Party Content, Dependencies & External Links

Our Website may include links to third-party platforms. We are not responsible for the content, security, or policies of such sites.

Some services depend on third-party providers, such as hosting companies, domain registrars, payment gateways, app stores, and theme or plugin developers. We are not responsible for changes in their pricing, features, policies or availability, which may affect our offerings.

In such cases, we may adjust our services, including introducing or changing fees, to maintain compliance and functionality.

We do not provide warranties for third-party products accessible via our Website.

10. Limitation of Liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, or consequential damages arising from the use of our Website, Services or Products, including loss of data, revenue or business.

Our total liability for any claim is limited to the amount you paid us for the specific Service or Product concerned.

We do not guarantee uninterrupted, error-free service availability.

11. Privacy & Data Protection

We value your privacy. Please review our Privacy Policy to understand how we collect, process, and protect your data.

Any logins, files or business information you share with us for a project are kept confidential and used only to deliver the work.

12. Governing Law & Dispute Resolution

These Terms & Conditions shall be governed by the laws of Sri Lanka.

Any disputes shall be resolved in the competent courts of Sri Lanka.

13. Contact Information

For any inquiries or clarifications regarding these Terms, please reach out to us at info@nextiom.com.

14. Amendments & Updates

We reserve the right to modify these Terms & Conditions at any time, including in response to changes in third-party provider policies, pricing, or licensing restrictions, without prior individual notice.

Updates will be posted on our Website and, where feasible, communicated via email. Continued use of our services after such updates constitutes acceptance of the revised terms.