Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", "your") and Nextbound Ltd ("Company", "we", "us", "our"), a company registered in the United Kingdom, governing your access to and use of the nextbound.uk website (the "Website") and any related services, applications, or content provided by us (collectively, the "Services").

By accessing or using our Website and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Website or Services.

We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will provide notice of such changes by updating the "Last updated" date at the top of these Terms or through other appropriate communication methods. Your continued use of the Website and Services after any such changes constitutes your acceptance of the new Terms.

2. Eligibility

By using our Website and Services, you represent and warrant that:

• You are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher
• You have the legal capacity to enter into a binding contract
• You are not prohibited from using our Services under any applicable laws
• If you are accepting these Terms on behalf of a company or other legal entity, you have the authority to bind such entity to these Terms
• All information you provide to us is accurate, current, and complete
• You will maintain the accuracy of such information and promptly update it as necessary

3. Description of Services

Nextbound provides professional software development and digital solutions for businesses. Our Services include, but are not limited to:

• Custom software development and application building
• Web application development and design
• Digital transformation consulting and implementation
• Technical consulting and advisory services
• System integration and API development
• Maintenance and support services
• Other technology-related services as described on our Website

The specific scope, deliverables, timeline, and pricing for any project will be set forth in a separate written agreement or statement of work between you and Nextbound. These Terms apply to all Services unless explicitly superseded by such project-specific agreements.

4. User Accounts

4.1 Account Creation

Certain features of our Services may require you to create an account. When creating an account, you must provide accurate and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4.2 Account Security

You agree to:

• Create a strong, unique password for your account
• Not share your account credentials with any third party
• Notify us immediately of any unauthorized access or use of your account
• Ensure that you log out of your account at the end of each session

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms. Upon termination, your right to use the Services will immediately cease, and we may delete your account data in accordance with our data retention policies.

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement) are owned by Nextbound, its licensors, or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website and Services for their intended purposes. This license does not include:

• The right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or content obtained from or through our Website
• Any resale or commercial use of our Website or its contents
• Any collection and use of any product listings, descriptions, or prices
• Any derivative use of our Website or its contents
• Any downloading or copying of account information for the benefit of another merchant
• Any use of data mining, robots, or similar data gathering and extraction tools

5.3 Client Work Product

Unless otherwise specified in a separate written agreement, upon full payment for Services, Nextbound grants the client ownership of the final deliverables created specifically for that client. Nextbound retains the right to use general knowledge, skills, experience, ideas, concepts, know-how, and techniques acquired or developed during the provision of Services. We also reserve the right to showcase completed work in our portfolio unless otherwise agreed in writing.

6. User Conduct and Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Violating any applicable local, national, or international law or regulation
• Infringing upon or violating our intellectual property rights or the intellectual property rights of others
• Transmitting any material that is defamatory, obscene, threatening, abusive, or otherwise objectionable
• Attempting to gain unauthorized access to our systems, networks, or other users' accounts
• Interfering with or disrupting the integrity or performance of our Website or Services
• Introducing viruses, malware, or other harmful code to our systems
• Using automated systems, including "robots," "spiders," or "offline readers" to access our Website
• Collecting or harvesting personal information about other users without their consent
• Impersonating any person or entity or misrepresenting your affiliation with any person or entity
• Using our Services for any illegal or unauthorized purpose
• Engaging in any activity that could damage, disable, or impair our Services
• Circumventing any measures we use to prevent or restrict access to our Services

7. Payment Terms

7.1 Pricing and Fees

All prices and fees for our Services are quoted in GBP (British Pounds Sterling) unless otherwise specified. Prices are subject to change without notice, but changes will not affect orders or projects already confirmed in writing.

7.2 Payment Methods

We accept various payment methods as indicated on our Website or in project agreements. All payments must be made in the currency specified. Payment processing is handled by secure third-party payment processors, and we do not store your complete payment information on our servers.

7.3 Payment Schedule

For project-based Services, payment schedules will be outlined in the relevant project agreement. Typically, this includes:

• An initial deposit upon project commencement
• Milestone payments upon achievement of agreed deliverables
• Final payment upon project completion and acceptance

7.4 Late Payments

Late payments may incur interest at the rate of 4% above the Bank of England base rate, calculated from the due date until payment is received. We reserve the right to suspend Services until outstanding payments are received.

8. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship. Confidential information includes, but is not limited to:

• Business plans, strategies, and financial information
• Technical information, trade secrets, and know-how
• Client lists and customer information
• Any information marked as "confidential" or that should reasonably be understood to be confidential

This confidentiality obligation shall survive the termination of any agreement between the parties for a period of five (5) years.

9. Disclaimers and Warranties

9.1 Website "As Is"

THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.2 No Guarantees

We do not warrant that:

• The Website or Services will be uninterrupted, timely, secure, or error-free
• The results obtained from use of the Website or Services will be accurate or reliable
• Any errors in the Website or Services will be corrected
• The Website or servers are free of viruses or other harmful components

9.3 Project-Specific Warranties

For commissioned work, specific warranties may be provided in the relevant project agreement. Unless otherwise stated, we warrant that Services will be performed with reasonable skill and care in accordance with generally accepted industry standards.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

• IN NO EVENT SHALL NEXTBOUND, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM
• THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Nextbound and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms or your use of the Website or Services, including but not limited to your submissions, any use of our content other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

12. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or content that are not owned or controlled by Nextbound. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that Nextbound shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

13. Termination

We may terminate or suspend your access to our Website and Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Website and Services will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

For project-based Services, termination terms will be specified in the relevant project agreement.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact us to attempt to resolve any dispute informally. We will make reasonable efforts to resolve any dispute through good-faith negotiations within 30 days.

14.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

14.3 Jurisdiction

Any disputes arising out of or relating to these Terms or our Services shall be subject to the exclusive jurisdiction of the courts of England and Wales. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such disputes.

15. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations under these Terms due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

17. Waiver

No waiver by Nextbound of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Nextbound to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Website, constitute the entire agreement between you and Nextbound concerning your use of the Website and Services. These Terms supersede any prior agreements or understandings between you and Nextbound relating to your use of the Website and Services. Any project-specific agreements will supplement these Terms, and in case of conflict, the project-specific agreement shall prevail for matters related to that specific project.

19. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

20. Contact Information

If you have any questions about these Terms, please contact us: