These Terms regulate the relations between the Customer (hereinafter 'you', 'your') and NexusInnovate (hereinafter 'provider' 'company', 'website', 'we', 'us', 'our'). The company is registered in U.A.E and is physically located at Business Center 1, M Floor, The Meydan Hotel, Nad Al Sheba, Dubai. NEXUS DEVELOPMENT AGENCY L.L.C
I. Terms Compliance
To access and enjoy our Services, you must acknowledge and follow the provisions outlined in this document, along with any additional guidelines (such as Privacy Policy and Refund Policy) and protocols that NexusInnovate may periodically release. These collective terms and regulations are binding upon receiving and utilizing our Services, indicating your agreement to comply.
II. Amendments & Modifications
We retain the right to modify the Terms, along with our policies and procedures, at our sole discretion. Any alterations will be communicated by updating the Terms on the NuxusInnovate website and revising the "Updated" date above. You must regularly review the Terms and stay informed about any revisions. The most recent version will override all previous versions. By continuing to receive and utilize our Services following the publication of such changes, you indicate your acceptance of the revised Terms, policies, and/or procedures (where applicable).
III. Definitions
Provider – NexusInnovate, including its Website and all associated resources and services.
Customer – the legal entity or individual placing an order for the Services by either signing an Invoice issued by the Provider or completing the payment form.
Agreement – the contractual arrangement between the Provider and the Customer for services under these Terms.
Services – the specific services specified in the Invoice or communicated to the Customer during the invoicing process by the payment agent.
VI. Agreement Execution Procedure
The Customer must apply to the Contractor before the Services may be provided. The Contractor's offer to enter into an Agreement based on the stated terms and conditions is made by publishing the Terms and Conditions on the Website or presenting them to the Customer in any other manner.
When the Customer accepts the offer, the Agreement is considered concluded. Except when otherwise expressly agreed in writing by the Parties, the conclusion is represented by a 100% advance payment for the value of the Services as outlined in the Invoice.
The Customer acknowledges that by accepting the offer, they fully agree to all terms and conditions, privacy policy, and refund policy provisions without limitation or qualification. Paperwork or a handwritten signature is not necessary for the Terms & Conditions.
V. Applicability
In line with these Terms and for whatever reason, NexusInnovate grants anybody the right to use the Services at its sole and absolute discretion.
The provision of the Services as described in the Invoice delivered by the Provider shall constitute the subject matter of the Agreement.
The Provider can hire outside parties to offer the Customer's services.
The Provider may state the essential specifications of the Services in the Invoice.
VI. Obligations
The Provider is entitled to:
- ignore Customer's instructions for the provision of Services if doing so would violate the current law of U.A.E;
- suspend or terminate the supply of Services under the Agreement if the Customer breaches their obligations under the Terms;
- unilaterally terminate the Agreement by notifying the Customer 5 (five) calendar days before the date the Agreement is to be terminated. NexusInnovate undertakes to pay the Customer back for the cost of the Services they paid for but did not receive.
The Provider is obliged to:
- provide the Services as outlined in the Invoice issued by the Provider and agreed upon by the Customer, ensuring timely delivery and adherence to the specified scope, schedule, and duration. It is subject to the Customer making full payment and complying with all the terms and conditions of this Agreement.
- safeguard the privacy and confidentiality of any information shared by the Customer.
The Customer is entitled to:
- insist on prompt and effective delivery of the Services by the Contractor.
- terminate the Agreement unilaterally by notifying the Contractor at least 10 (ten) calendar days before the desired termination date. Suppose the Customer (a legal entity) decides to terminate the Agreement after the Contractor has already begun providing the Service. In that case, the Contractor reserves the right to impose a penalty equal to the amount paid for the Services that were not delivered due to the Customer's decision to terminate the Agreement.
The Customer is obliged to:
- fulfill the financial obligation to the Contractor by making the payment as stated in the Invoice.
- supply the Provider with the necessary information upon their request for the proper execution of the Services.
- avoid performing actions that jeopardize network security and the smooth operation of the Provider's software and computer systems;
- maintain the privacy of the information supplied by the Provider or obtained in accordance with these Terms and Conditions.
In accordance with the applicable laws of U.A.E, both Parties will be held liable for any failure to comply with or incorrect performance of their obligations under these Terms and Conditions.
VII. Payments
The Provider determines the Services' pricing, and is calculated based on our projected expenses. It amounts to either the specified figure in our pricing catalog available on the Website or the mutually agreed-upon sum reached through communication channels such as email or instant messengers.
Payment for the Services must be made in full before their provision. The Customer is required to submit a 100% advance payment according to the Invoice issued by the Provider. Payment should be settled through a non-cash bank transfer, adhering to the payment order, or transferring funds to the Provider's designated bank account.
Once the funds have been received in the Contractor's account, the Services will be considered fully paid for.
VIII. Limitation of Liability
Warranty disclaimer. The services are provided to you "As is," unless otherwise stated in the terms. We do not make any other warranty, whether express, statutory, or implied, including but not limited to implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, accuracy, and course of dealing. We expressly disclaim all of these warranties.
We cannot guarantee that the services will:
- meet all your requirements and remain available, uninterrupted, timely, secure, and error-free.
- deliver results that are effective, accurate, and reliable.
We are not liable or responsible for any failure or delay in updating the services or any content. Any advice or information obtained from us or through the services, whether oral or written, does not create any warranty unless expressly stated in the terms and conditions. If applicable law requires warranties for the services, such warranties are limited to sixty (60) days from the start date of the service.
Under no circumstances shall our company, its officers, directors, employees, partners, and/or subcontractors be held liable to you or any other party for (I) any special, incidental, indirect, consequential, or punitive damages of any kind, including those arising from the loss of use, data, or profits, whether foreseeable or not, regardless of the form of action, whether in contract, tort (including negligence), warranty, strict liability, or any other legal or equitable theory, even if we have been advised of the possibility of such damages in advance.
IX. Restitution and Warranties
You shall protect, reimburse, and keep us, our subcontractors, and our respective affiliates, officers, agents, employees, representatives, and assignees free from any demands, legal actions, losses, expenses, costs, damages, judgments, fees, liabilities, and/or claims of any kind, including but not limited to reasonable attorney fees, that arise from or are connected to:
- your utilization of the Services;
- your violation of the Terms;
- any fraudulent activities, intentional wrongdoing, or negligence on your part;
- your usage of the Services in contravention of any relevant data protection or privacy laws.
If you are otherwise required to indemnify us for any matter, we reserve the right to take complete control of the defense; in such event, you must cooperate fully in our defense. Without first receiving our written approval, you do not settle any claims. When NexusInnovate learns of any such claim, lawsuit, or other legal action, it will use reasonable steps to notify you as soon as possible.
You guarantee that none of your executive officers, directors, or any other person, entity, or organization with a stake in the company (whether direct or indirect) is barred from doing business with us by any rule, regulation, or executive order. The Specially Designated Nationals and Blocked Person List maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury is one of the examples of those who fall under this category.
You further acknowledge that you shall promptly notify us in writing of any determination that you or any of your executive officers, directors, or any person, entity, or organization owning a majority or controlling interest becomes ineligible for business dealings with us according to the terms of this clause at any time during the provision of the Services.
In such cases, COMPANY reserves the right to terminate this Agreement immediately without fault or liability. Suppose COMPANY exercises its right to terminate as described herein. In that case, the Customer shall settle any outstanding payment owed to COMPANY for the Services provided before the termination's effective date.
We reserve the right to instantly terminate this Agreement in such circumstances without cause or responsibility. If we use this right to terminate, the Customer is held responsible for making any unpaid fees for services rendered before the termination.
X. Refunds
The client may ask for a refund by seven calendar days following the payment date. The business is allowed to deduct 5% service from the return. The money for the services is no longer refundable once the seven-day window has passed.
If there is proof of fraud, misuse of refunds, resale of our services, or other deceptive tactics, we may refuse a refund request. However, promotional offers, plan upgrades, and modifications are not reimbursable.
To initiate the process, please email us at EMAIL with the subject "Refund request." Note it must be submitted from your email account used for payment submission. Your name, payment date and service name should all be included in the email.
XI. Miscellaneous
The laws of U.A.E shall govern these terms and conditions and any usage of the services.
Unless explicitly agreed upon in writing by NexusInnovate and you, the Terms, including but not limited to the terms stated herein, Privacy Policy, Refund Policy, and any other policies mentioned above, collectively form the complete agreement between NexusInnovate and you regarding the subject matter at hand.
The Parties shall convey any claims and notifications in writing by registered mail, with the return receipt requested. The party receiving a claim agrees to investigate the claim and respond within 20 (twenty) working days of receiving it. The party making a claim can approach the relevant authorities if the claim is rejected, in whole or in part, or if the party receiving the claim does not hear back within the allotted time period for consideration. The authorized legal bodies shall have exclusive jurisdiction to resolve any disputes or claims arising out of or related to the Terms as freely and irreversibly agreed upon by the parties.
For these Terms and all related matters, documents that are executed, scanned, and transmitted electronically, along with electronic signatures, including signatures made through systems like DocuSign, as well as facsimile signatures produced mechanically using clichés, shall be considered valid and equivalent to original signatures. Such scanned and electronic signatures hold the same legal weight and effect as original signatures.
You consent to our business, its affiliates, and its subcontractors mentioning you as a customer, as well as our reasonable use of your trademark and/or logo for such purposes on a royalty-free basis.
The parties' original purpose shall be reflected in any section of the Terms determined to be invalid or unenforceable, and the remaining elements of the agreement will still be fully enforceable. Any provision or condition of the Terms and/or any violation of them by either party in any instance does not constitute a continuing waiver of that term, condition, or violation in any other instance.
Without the explicit prior written consent of NexusInnovate, you are prohibited from transferring or delegating your rights under the Terms to any third party. However, NexusInnovate retains the right to assign its rights under the Terms to a third party. In such a scenario, these Terms will remain binding and will confer benefits upon the third party, as well as their successors and authorized assignees.
Except for duties relating to payment, neither we nor the Customer shall be liable for any failure or delay in performing its obligations caused by events beyond its reasonable control. These circumstances include factors like the conduct of third-party hosting providers or utility providers, shortages, civil unrest, widespread diseases, fires, uncontrollable natural phenomena, war, labor strikes, terrorist attacks, government intervention, natural disasters, military operations, actions taken by third parties, and the application of laws, regulations, and directives by governmental bodies and organizations that either directly or indirectly prevent the parties from fulfilling their obligations.
Force majeure shall not excuse a party's failure to perform its responsibilities under the Terms, which should be promptly communicated to the other party. The party in the dispute shall also produce evidence of the occurrence of the Force Majeure and the effect thereof on the inability to perform the obligations under these Terms.
By their very nature, all clauses in the Terms, including, but not limited to, the warranty exclusions, indemnification clauses, and liability limitations, shall remain in force after termination.
Any omission or delay by any Party to exercise any right, option, or authority granted by these terms and conditions shall not be construed as a surrender of that right, option, or authority. Furthermore, exercising such authority, entitlement, or solution in isolation or in part does not preclude the exercise of that or any other authority, entitlement, or solution in the future.