Table of Contents
6. Failure To Receive Welcome E-mails, Invoice E-mails Etc
14. Indemnification Of NEXIA LIMITED
15. Your Representations And Warranties
16. No Representations Or Warranties By NEXIA LIMITED
18. Limitation On Types Of Damages/limitation Of Liability
19. Proprietary Rights In Service Content And Activity Materials
22. Governing Law And Arbitration
23. Notice For Claims Of Copyright Violations And Agent For Notice
24. Anti-Money Laundering Policy
26. Changes Of Terms And Conditions
1. What is Nexwebbuild
Nexwebbuild is a web facilitated editor that allows you to create websites without any coding skills needed. Choose any of the ready-made designs from our collection and build a beautiful website in a matter of minutes. You can add plugins, rearrange and edit pages by simply clicking on them. Our templates complement a wide range of different styles, so they can match any concept you have in mind. Without any unnecessary, complex tools, you can build a website and launch it by the end of the day! Furthermore, there is no need to worry about responsiveness, since all websites that are made through our editor are automatically responsive on all screen sizes and devices.
2. General
NEXIA LIMITED conducts Nexwebbuild's website (in text “Website”) and all the related services (“Service”). The subject of these Terms and Conditions is access and
use of the service. By purchasing or accessing the service you express that you have read, understood and agreed to these Terms and Conditions.
Your membership will run until you actively cancel your membership. There is no binding period of your membership, it can be freely terminated at any time.
A confirmation email for your order/payment will be sent to the email you stated upon signing up for the subscription.
3. Pricing By Country
The Pricing below is an overview for each country, it is your own responsibility to make sure you are paying the correct price for your country of registration. If you are receiving the incorrect price for your country, you can contact customer support at [email protected].
4. Customer Support
We strive to provide the best customer support possible – we are open Monday - Friday 00:00 - 24:00 (CET), Saturday - Sunday 9:00 - 17:00 (CET) and will do our best to guide you and answer your questions within 48 hours. All questions or enquiries are welcome.
All questions or problems can be sent to [email protected] – All e-mails and customer service answers will be in French or English, so please write your questions in French or English, so we can
provide the quickest and best online support for you. If written in other languages, we might not be able to understand it or must do a Google translate, and some answers, might be misunderstood and
wrong.
Our phone support can also be reached in our opening hours, you can reach us by calling +44 330 808 7887.
5. E-mail reminders
You will receive a reminder e-mail 7 days before your promotional period is set to expire, or immediately after the purchase if the promotional period is shorter than 7 days.
The e-mail shall contain the date and time of the expiration of the promotional period, as well as your invoice and a copy of these terms and conditions.
If available, terms and conditions will be sent in your local language, otherwise, they will be provided in the English language.
6. Failure To Receive Welcome E-mails, Invoice E-mails Etc
Nexwebbuild cannot be held accountable for the subscriber not receiving the welcome email, terminations, invoices, receipts etc. It is at any time the responsibility of the subscriber to ensure that your provider or e-mail is accessible and able to receive the mentioned mails. By ensure that they do not end up in the spam folder or ”junk mail”. E-mail providers such as Hotmail and Gmail can have problems related to the e-mails sent from Nexwebbuild and we advise you to use an alternative provider when subscribing to Nexwebbuild.
7. Registration
By registering on our website, you agree:
- that your information about you and/or your organization is accurate, current and integral;
- to keep your password and other information related to your security of the service confidential;
- to regularly update your information in order to keep it accurate, complete and current;
- to be responsible for all the actions that have arisen from the use of your account.
- To pay your invoice every month, until your membership is terminated or cancelled.
8. Delivery Policy
Upon receipt of your order, the services will be available to you in accordance with the terms applicable to the services that you purchased.
If you have any questions about the delivery or your order, please contact us at [email protected] .
9. Payment & Billing
You are obligated to ensure that your payment information is up to date. You agree to pay in advance of the time period during which such services are provided. Unless otherwise provided, you agree that until and unless you notify NEXIA LIMITED of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
NEXIA LIMITED does not store payment information. All payments are made through SSL encrypted connections, which ensures maximum safety for the transactions.
You acknowledge and agree that any card and related billing and payment information that you provide will be shared by NEXIA LIMITED with a third party partner, such as: payment processor and/or acquirer.
We reserve the right, at our sole discretion, to offer a discount on a subscription payment period without prior notification.
If you do not withdraw at the time your trial expires, your card will be charged the amount specified in our Pricing by country table. Your signup campaign’s country decides the amount and currency you will pay, as this will be considered your local currency.
NEXIA LIMITED reserves the right to charge you the trial fee specified in pricing by country, and thereafter the full membership fee specified in pricing by country, for the use of our services.
NEXIA LIMITED reserves the right to change its fees at any time, upon notice to you if such change may affect your existing or future subscriptions.
The cards accepted: Visa and MasterCard.
10. Cancellation
You may terminate or cancel the services by giving NEXIA LIMITED written notice via the email: [email protected] or via contacting the phone number: +44 330 808 7887 or by logging in to your account and cancelling your subscription. In case of cancelling your subscription in a maximum of 14 days from the purchase, we offer a refund for all subscription costs (trial + monthly).
You may discontinue to use and request to cancel your account and/or any Nexwebbuild services at any time.
Please note that the subscription can be also paused for an unlimited time due to traveling/vacation, etc. For all further inquirers please include in your email following information: order numbers, customer number, full name and email address.
You can cancel subscription any time and your profile will be active until the next billing cycle. After that, you will no longer have access to your profile, and we may delete all information on your profile. We accept no liability for such deleted information or content.
11. Termination
NEXIA LIMITED may terminate your access to the services, in whole or in part, without notice, in the event that:
- You infringe this Agreement
- You fail to pay any fees due
- Your use of the Service may harm NEXIA LIMITED or others
- Violate the current Terms & Conditions. Share information concerning other members’ (e-mail address, postal address, telephone number, etc.)
- You commit Illegal behaviour, non-ethical, irresponsible or any other behaviour that could be construed as harassment towards other members or the website itself.
- Your account is considered fraudulent.
- You commit General inacceptable behaviour as defined by the site.
In that case, NEXIA LIMITED shall not refund to you any fees paid before such termination, and you shall be obligated to pay all fees and charges that appeared prior to the effectiveness of such termination
Please note: Upon termination of the services for any reason: user content, user profile, and other data will be deleted. Your account and use of the Service may be terminated by you or by NEXIA LIMITED. You can do it by following the instructions given on the Service. NEXIA LIMITED may terminate your access and use of the Service at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your Nexwebbuild account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of Nexwebbuild proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
Any content considered as a direct violation with the law as well as cases of harassment will be reported to the relevant authorities, including the IP address of the member, time of creation and any other necessary information.
12. Refunds
We offer a 100% refund guarantee on all orders where you request a refund within 14 days of any purchase.
We hope you will love everything that you order from us but if something isn’t quite right, you have 14 days to request a refund under the refund guarantee. All other cases have to be reviewed by the customer support team, and a decision is made on a case-by-case basis.
To request a refund, please contact the customer support team.
Email: [email protected]
Phone: +44 330 808 7887
We strive to provide the best customer support possible – we are open Monday - Friday 00:00 - 24:00 (CET), Saturday - Sunday 9:00 - 17:00 (CET) and will do our best to guide you and answer your questions within 48 hours . All questions or inquiries are welcome.
13. Inappropriate Use
You will not upload, display or otherwise provide on or through the Service any content that: (i) is libelous, defamatory, abusive, threatening, hateful, harassing, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) NEXIA LIMITED’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose NEXIA LIMITED or its users to any harm or liability of any kind.
14. Indemnification Of NEXIA LIMITED
You agree to defend, indemnify and hold harmless NEXIA LIMITED and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any template we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
15. Your Representations And Warranties
You represent and warrant to NEXIA LIMITED that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of the EU and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the EU and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit via the Service and that you have the right, as applicable, to grant us a license to use that material as set forth above or the right to assign that material to us as set forth below. You further represent and warrant that you will carefully safeguard your password, username, and account information, will not share your password or username with any third party, and will not allow any third party to access your Nexwebbuild account for any purpose.
16. No Representations Or Warranties By NEXIA LIMITED
All information, property and rights provided or granted to you by NEXIA LIMITED are provided to you on an “as is” basis. NEXIA LIMITED and its suppliers make no representations or warranties of any kind with respect to the service, either expressed or implied and all such representations and warranties, including warranties of merchantability, fitness for a particular purpose or non-infringement, are expressly disclaimed. Without limiting the generality of the foregoing, NEXIA LIMITED does not make any representation or warranty of any kind relating to accuracy, service availability, completeness, informational content, error-free operation, results to be obtained from use, or non-infringement. Access and use of the service may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance or for other reasons. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
17. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under this contract to the extent such failure or delay is caused by an event beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemic, governmental regulations, natural disasters, or power failure. The affected party shall promptly notify the other party in writing of the force majeure event and the anticipated duration of such event. The affected party shall use reasonable efforts to mitigate the impact of the force majeure event and resume performance as soon as practicable. If the force majeure event continues for a period of more than 30 days, either party may terminate this contract upon written notice to the other party without any liability for such termination.
18. Limitation On Types Of Damages/limitation Of Liability
NEXIA LIMITED will not be liable to you or any third party claiming through you (whether based in contract, strict liability, tort or other theory) for indirect, incidental, special, incidental, consequential or exemplary damages arising out of or relating to the access or use of, or the inability to access or use, the service or any portion thereof, including but not limited to the loss of use of the service, inaccurate results, loss of profits, business interruption, or damages stemming from loss or corruption of data or data being rendered inaccurate, the cost of recovering any data, the cost of substitute services or claims by third parties for any damage to computers, software, modems, telephones or other property, even if NEXIA LIMITED has been advised of the possibility of such damages. NEXIA LIMITED’s liability to you or any third party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to NEXIA LIMITED for the service in the 12 months prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
The software used on Nexwebbuild's website could include technical, typographical, or photographic errors. Nexwebbuild does not warrant that any of the materials on its website are accurate, complete, or current. Nexwebbuild may make changes to the content contained on its website at any time without notice. Nexwebbuild does not, however, make any commitment to update the materials and no refunds can be demanded if our software is down at times. We will ofcourse try our best to provide the best service as possible for all our monthly subscribers.
Nexwebbuild has not reviewed all of the sites linked/urls to its Internet website and is not responsible for the contents of any such linked site or the content and files uploader by our users on Nexwebbuild. The inclusion of any links or files does not imply endorsement by Nexwebbuild of the site. Use of any such linked web site is at the user’s own risk.
19. Proprietary Rights In Service Content And Data
All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of NEXIA LIMITED or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and NEXIA LIMITED, all data, information and materials generated from your access and use of the educational activities made available on or through the Service, shall be exclusively owned by NEXIA LIMITED, and you shall not have any right to use any data, information, or materials that are generated from a user's access and use of the educational activities made available on or through the Service, except as expressly authorized by these Terms and Conditions. By using the Service, you hereby assign to NEXIA LIMITED any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of NEXIA LIMITED or its licensors that are not expressly granted in these Terms and Conditions are reserved to NEXIA LIMITED and its licensors.
20. Trademarks
Nexwebbuild and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of NEXIA LIMITED or their respective owners and some of them are registered at the EU Copyright Directive. Access and use of the Service does not entitle you to use or reproduce the Nexwebbuild name or any Nexwebbuild or third-party trademarks, service marks, graphics or logos.
21. Your Choices and Opt-Outs
Members and Visitors who have opted in to our marketing and cart notification emails can opt out of receiving the emails from us at any time by clicking the "unsubscribe" link at the bottom of our marketing messages. Also, all opt-out requests can be made by emailing us using the contact details provided in the "Ownership" section below. Please note that some communications (such as service messages, account notifications, billing information) are considered transactional and necessary for account management, and Members cannot opt out of these messages unless you cancel your account.
22. Governing Law And Arbitration
These Terms and Conditions, its subject matter and NEXIA LIMITED and your respective rights under these Terms and Conditions shall be governed by and construed under the laws of United Kingdom, excluding the conflict of law provisions of that or any other jurisdiction. Any possible dispute arising between you and NEXIA LIMITED will be resolved by binding arbitration. The arbitration shall be conducted by a single arbitrator in United Kingdom. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.
23. Notice For Claims Of Copyright Violations And Agent For Notice
To prove and demonstrate your suspect, as a copyright owner, that any material available through the service infringes upon your copyrights, you may submit a copyright infringement notification to Nexwebbuild pursuant to the EU Copyright Directive by providing us with the following documentation and information in writing:
- a physical or electronic signature of the copyright owner or the person who acts on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- telephone number, address and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the law, copyright owner or its agent; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
24. Anti-Money Laundering Policy
Be aware that Nexwebbuild's business practices prohibit bribery, corrupt behavior and money laundering.
You agree that you shall remain in compliance with all applicable laws (including but not limited to local anti-corruption laws following EU’s AML Directives, Canada’s Corruption of Foreign Public Officials Act, the U.S. Foreign Corrupt Practices Act, the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and the U.K. Bribery Act and the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017).
Should you at any point in time fail to be compliant, Nexwebbuild reserves the right to terminate your account without any notice.
25. Severability
If any provision of these Terms and Conditions is found to be unenforceable or invalid, such provision shall be deemed to be severable from the remainder of these Terms and Conditions and shall not affect the enforceability or validity of the remaining provisions.
26. Changes Of Terms And Conditions
NEXIA LIMITED reserves the right to modify the terms at any time. If the terms change it will be published on our website and the subscriber will have 30 days to terminate the subscription if you disagree with the terms. This will apply in a case of significant changes in your current agreement with NEXIA LIMITED. After the 30 days any still existing member will be deemed to have accepted the changes implied. The subscriber can at any time change address and user details via the “My profile”. The changes till then take effect in the current terms.
27. Miscellaneous
These Terms and Conditions represent the entire agreement between NEXIA LIMITED and you concerning the subject matter hereof. Any and all prior negotiations, understandings, representations, and agreements between the parties relating to the subject matter of these Terms and Conditions are hereby superseded and merged into these Terms and Conditions. No modification, addition, or amendment of these Terms and Conditions shall be binding unless in writing and signed by both parties. Any waiver of any provision of these Terms and Conditions shall not be deemed a waiver of any other provision or a continuing waiver of the same provision.
A waiver by NEXIA LIMITED or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. NEXIA LIMITED may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of NEXIA LIMITED and you, and NEXIA LIMITED’s and your respective successors and permitted assigns.
28. Language
These Terms and Conditions were originally written in English language. In the event any translated version of this agreement conflicts with the English one, the English version controls.
29. Ownership Information
Owner information of Nexwebbuild
For further information about our Terms & Conditions or other unanswered issues or questions, please feel free to contact us at the information below.
Nexwebbuild is owned and operated by:
NEXIA LIMITED
64 Cherry Mews the Hollies, Mapledurwell
RG24 7NL Basingstoke
United Kingdom
Business Number: 14830323
VAT:
E-mail: [email protected]
Phone: +44 330 808 7887
Monday - Friday 00:00 - 24:00 (CET), Saturday - Sunday 9:00 - 17:00 (CET)
Terms and conditions last updated: 2024-10-15
