Terms & Conditions
Last updated: March 2026
These Terms & Conditions ("Terms") govern your use of nextn's services and website. By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our services.
1. Service Description
nextn provides custom software development, consulting, and technical services as agreed upon in a signed statement of work or project agreement. Services include but are not limited to:
- Web application development
- System design and architecture
- Technical consulting
- Code review and optimization
- Project planning and management
- Other services as mutually agreed
2. Engagement and Agreement
All projects are governed by a written statement of work or service agreement. The terms of the specific engagement will be detailed in that agreement and will supersede these general Terms where there is a conflict. Key points include:
- Scope of work and deliverables
- Project timeline and milestones
- Fees and payment terms
- Intellectual property ownership
- Confidentiality and non-disclosure
- Termination and dispute resolution
3. Payment Terms
Invoicing: nextn invoices according to the payment schedule outlined in your project agreement. Invoices are issued monthly or upon project milestones.
Payment Due: Payment is due within 30 days of invoice date unless otherwise specified in the project agreement.
Late Payments: Accounts not paid within 30 days may accrue interest at 1.5% per month (18% annually) or the maximum rate allowed by law, whichever is lower. We reserve the right to suspend services for accounts more than 15 days overdue.
Expenses: Actual out-of-pocket expenses incurred on your behalf (hosting, software licenses, travel) will be reimbursed at cost plus 10%.
4. Intellectual Property Rights
Custom Work: Custom code, design, and work product created specifically for you during the engagement will be owned by you upon full payment.
Pre-existing IP: Any tools, frameworks, libraries, or methodologies developed by nextn prior to or independent of your project remain our property and may be used in other projects.
Open Source: We may incorporate open-source software in accordance with applicable licenses. You will be provided with documentation of all open-source components used.
Third-Party Components: Use of third-party services, APIs, and integrations is governed by the respective vendor's terms. You are responsible for obtaining necessary licenses and permissions.
5. Confidentiality and Non-Disclosure
Both parties agree to maintain the confidentiality of proprietary information shared during the engagement:
- We will not disclose your business information or project details to third parties
- You will not disclose our methodologies, tools, or pricing without permission
- Confidentiality obligations survive termination of the engagement
- Confidentiality does not apply to information that is publicly available or independently developed
6. Warranties and Disclaimers
Our Warranty: We warrant that we will perform services in a professional and workmanlike manner consistent with industry standards.
No Other Warranties: EXCEPT AS EXPRESSLY STATED ABOVE, WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Third-Party Services: We are not responsible for the performance, availability, or security of third-party services, APIs, hosting providers, or dependencies used in your project.
Your Responsibility: You are responsible for maintaining backups, securing credentials, and managing access to your systems and data.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- nextn's total liability for any claim shall not exceed the fees paid in the 12 months preceding the claim
- Neither party is liable for indirect, incidental, special, consequential, or punitive damages
- This includes loss of profits, data loss, business interruption, or reputational harm
- These limitations apply even if we have been advised of the possibility of such damages
8. Indemnification
You agree to indemnify and hold harmless nextn from any claims, damages, or legal fees arising from:
- Your use of our services or software
- Your violation of these Terms
- Your violation of any laws or third-party rights
- Content you provide or authorize us to use
- Your business operations or customer interactions
9. Termination
Termination for Cause: Either party may terminate for material breach if the other party fails to cure within 14 days of written notice.
Termination for Convenience: Either party may terminate without cause with written notice as specified in the project agreement (typically 30 days).
Upon Termination: You must pay for all work completed and expenses incurred through the termination date. We will deliver final work product and transition assistance as specified in the agreement.
Survival: Sections on Confidentiality, Intellectual Property, Limitation of Liability, and Indemnification survive termination.
10. Website Usage Terms
When accessing our website, you agree to:
- Not use the website for unlawful purposes or in violation of any laws
- Not attempt to gain unauthorized access to systems or data
- Not engage in any form of hacking, scraping, or automated access
- Not transmit malware, viruses, or harmful code
- Not impersonate others or misrepresent your identity
- Respect intellectual property rights of nextn and third parties
11. Limitation of Use
We reserve the right to refuse service, suspend accounts, or take legal action against anyone who violates these Terms. We may modify or discontinue services at any time with notice.
12. Dispute Resolution
Negotiation: Before pursuing legal action, both parties agree to attempt good-faith negotiation to resolve disputes.
Mediation: If negotiation fails, either party may request non-binding mediation.
Jurisdiction: These Terms are governed by the laws of [YOUR STATE/COUNTRY]. Both parties consent to jurisdiction in the courts located in [YOUR JURISDICTION].
Arbitration: For disputes under $50,000, either party may elect binding arbitration instead of litigation. Arbitration will be conducted in accordance with applicable rules.
13. General Provisions
Entire Agreement: These Terms, along with your project agreement, constitute the entire agreement between us and supersede all prior understandings.
Modifications: We may modify these Terms at any time. Changes will be effective upon posting. Continued use of our services constitutes acceptance of modified Terms.
Severability: If any provision of these Terms is found invalid, the remaining provisions remain in effect.
Assignment: You may not assign these Terms without our consent. We may assign our rights and obligations to affiliates or successors.
No Waiver: Failure to enforce any provision does not constitute a waiver of that provision.