Terms of Service

Acceptance of Terms

By accessing and using nexitem's website (nexitem.pro) and services, you accept and agree to be bound by these Terms of Service. If you do not agree to these terms, you may not access or use our website or services.

These terms apply to all visitors, users, and customers of nexitem's e-commerce platform services. By engaging our services, entering into a service agreement, or using our website, you acknowledge that you have read, understood, and agree to be bound by these terms.

nexitem reserves the right to modify these Terms of Service at any time. We will notify users of significant changes through our website or direct communication. Continued use of our services after such modifications constitutes acceptance of the updated terms.

Company Information

These Terms of Service are entered into between you and nexitem S.L., a limited liability company registered in Spain.

Description of Services

nexitem provides e-commerce platform development and related services including:

• Custom e-commerce platform development and design
• Mobile-responsive e-commerce solutions
• Payment gateway integration and processing
• Inventory management systems
• Order fulfilment and customer management tools
• Analytics and reporting features
• Ongoing technical support and maintenance
• SEO optimisation and digital marketing tools

Specific service details, deliverables, timelines, and pricing are outlined in individual service agreements or statements of work executed between nexitem and clients.

User Obligations

By using nexitem's services, you agree to comply with all applicable laws and regulations. You are responsible for:

• Providing accurate and complete information when requested
• Maintaining the confidentiality of any account credentials
• Using our services only for lawful business purposes
• Complying with all applicable e-commerce and data protection regulations
• Not attempting to gain unauthorised access to our systems
• Not using our services to transmit harmful, illegal, or inappropriate content
• Respecting intellectual property rights of nexitem and third parties
• Promptly notifying us of any security breaches or unauthorised use

You agree not to interfere with or disrupt our services, servers, or networks. Any violation of these obligations may result in immediate suspension or termination of services.

Payment Terms

Payment terms for nexitem's services are specified in individual service agreements. General payment terms include:

• Fees are payable in Euros (EUR) unless otherwise specified
• Payment schedules vary by service type and project scope
• Monthly services are billed in advance
• Project-based services may require deposits or milestone payments
• Late payment fees may apply to overdue accounts
• All fees are exclusive of applicable taxes

nexitem reserves the right to suspend services for non-payment after appropriate notice. Disputed charges must be reported within 30 days of billing.

Intellectual Property

The nexitem website, services, and all related content, features, and functionality are owned by nexitem S.L. and are protected by copyright, trademark, and other intellectual property laws.

nexitem's Rights

• All proprietary software, code, and development frameworks
• nexitem trademarks, logos, and brand elements
• Website content, documentation, and marketing materials
• General methodologies and best practices developed by nexitem

Client Rights

• Content, data, and materials provided by the client
• Custom developments created specifically for client projects (upon full payment)
• Client trademarks, logos, and brand elements
• Business-specific configurations and customisations

You may not reproduce, distribute, modify, or create derivative works from any nexitem intellectual property without explicit written permission. Clients receive appropriate licenses to use nexitem software and services as outlined in service agreements.

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of personal data is governed by our Privacy Policy, which forms an integral part of these Terms of Service.

By using our services, you consent to the collection and use of information as described in our Privacy Policy. We are committed to compliance with the General Data Protection Regulation (GDPR) and other applicable data protection laws.

For e-commerce platforms we develop, clients are responsible for ensuring their own compliance with applicable data protection regulations, including obtaining necessary consents and implementing appropriate privacy policies.

Service Availability

nexitem strives to maintain high service availability but cannot guarantee uninterrupted access to our services. Service availability may be affected by:

• Scheduled maintenance and updates
• Technical difficulties or system failures
• Third-party service provider issues
• Force majeure events beyond our control
• Network connectivity issues

We will make reasonable efforts to provide advance notice of scheduled maintenance and to minimise service disruptions. Service level agreements, where applicable, are specified in individual service contracts.

Limitation of Liability

To the maximum extent permitted by applicable law, nexitem S.L. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption or downtime
• Cost of procurement of substitute services
• Damage to reputation or goodwill

Our total liability for any claims arising from or related to our services shall not exceed the amount paid by you to nexitem in the twelve (12) months preceding the event giving rise to the claim.

This limitation of liability applies regardless of the legal theory on which the claim is based, whether in contract, tort, negligence, strict liability, or otherwise.

Indemnification

You agree to indemnify, defend, and hold harmless nexitem S.L., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising from:

• Your use of our services in violation of these Terms of Service
• Your violation of any applicable laws or regulations
• Content or data you provide that infringes third-party rights
• Your negligent acts or omissions
• Any breach of your representations or warranties

This indemnification obligation will survive termination of these Terms of Service and any service agreements.

Termination

Either party may terminate service agreements in accordance with the specific terms outlined in individual contracts. General termination provisions include:

• Termination for convenience with appropriate notice period
• Immediate termination for material breach after notice and cure period
• Automatic termination for non-payment after specified grace period
• Termination for violation of these Terms of Service

Upon termination, you must cease all use of nexitem services and return or destroy any confidential information. nexitem will assist with data export and transition procedures as outlined in service agreements.

Termination does not relieve either party of obligations that accrued before termination or obligations that by their nature should survive termination.

Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms of Service due to circumstances beyond their reasonable control, including:

• Natural disasters, pandemics, or acts of God
• War, terrorism, or civil unrest
• Government actions or regulatory changes
• Labour strikes or disputes
• Internet outages or telecommunications failures
• Third-party service provider failures

The affected party must promptly notify the other party and make reasonable efforts to minimise the impact of such circumstances.

Governing Law

These Terms of Service and any disputes arising from or related to these terms or nexitem's services shall be governed by and construed in accordance with the laws of Spain, without regard to conflict of law principles.

Any legal action or proceeding arising under these Terms of Service shall be brought exclusively in the courts of Málaga, Spain, and the parties hereby consent to the personal jurisdiction and venue of such courts.

For clients located in other EU member states, this choice of law and jurisdiction is subject to any mandatory consumer protection laws that may apply in your country of residence.

Dispute Resolution

In the event of any dispute arising from these Terms of Service or our services, the parties agree to first attempt resolution through good faith negotiation and direct communication.

If direct negotiation fails to resolve the dispute within 30 days, the parties may pursue mediation through a mutually agreed mediator before initiating formal legal proceedings.

Nothing in this section shall prevent either party from seeking emergency injunctive relief or other urgent legal remedies when necessary to protect their rights or interests.

Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the original intent.

Entire Agreement

These Terms of Service, together with our Privacy Policy and any executed service agreements, constitute the entire agreement between you and nexitem regarding the use of our services and supersede all prior or contemporaneous understandings.

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term. Any amendments to these terms must be made in writing and signed by authorised representatives of both parties.

Contact Information

If you have any questions about these Terms of Service or need legal clarification, please contact us: