Terms & Conditions
Last updated: January 1, 2024
Please read carefully. By accessing or using our website and services, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, do not use our services.
1. Acceptance of Terms
These Terms and Conditions ("Terms") govern your access to and use of the daliyproducts website (nexusagency.com) and all related services offered by daliyproducts ("Nexus," "we," "us," or "our").
By accessing our website or engaging our services, you confirm that you:
- Are at least 18 years of age
- Have the legal capacity to enter into binding agreements
- Have read, understood, and agree to be bound by these Terms
- Agree to comply with all applicable laws and regulations
If you are using our services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
2. Description of Services
daliyproducts provides the following professional services:
- UI/UX Design and Web Design
- Web and Mobile Application Development
- Search Engine Optimization (SEO)
- Digital Marketing and Advertising
- Brand Strategy and Identity Design
- E-Commerce Solutions
- Consulting and Strategy Services
The specific scope, timeline, and deliverables for each engagement will be defined in a separate Statement of Work (SOW) or Service Agreement, which forms part of these Terms by reference.
We reserve the right to modify, suspend, or discontinue any service at any time with reasonable notice to affected clients.
3. User Accounts & Responsibilities
If you create an account or access our client portal, you are responsible for:
- Maintaining the confidentiality of your login credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized use
- Providing accurate and complete information
Prohibited Conduct
You agree not to:
- Use our services for any unlawful purpose or in violation of these Terms
- Attempt to gain unauthorized access to our systems or data
- Transmit any harmful, defamatory, or objectionable content
- Infringe upon any intellectual property rights
- Use automated tools to scrape, copy, or extract data from our website
- Interfere with the proper functioning of our website or services
- Misrepresent your identity or affiliation
4. Intellectual Property
Our Content
All content on the Nexus website — including text, graphics, logos, icons, images, audio clips, and software — is the property of daliyproducts and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.
Client Work
Upon full payment of all fees, ownership of custom deliverables created specifically for you will transfer to you, subject to the terms of your individual Service Agreement. Nexus retains:
- The right to display the work in our portfolio
- Ownership of any pre-existing intellectual property or tools used in creating the deliverables
- Third-party licenses embedded in deliverables (which we will disclose)
5. Payments & Fees
Unless otherwise specified in a Service Agreement:
- A deposit of 50% of the total project fee is required before work begins
- The remaining balance is due upon project completion and before final files are delivered
- Monthly retainer services are billed on the 1st of each month
- Invoices are due within 15 days of the invoice date
- Late payments are subject to a 1.5% monthly interest charge
All fees are quoted in US Dollars unless otherwise stated. You are responsible for all applicable taxes and duties related to your engagement with Nexus.
Refund Policy
Due to the nature of digital services, all deposits are non-refundable. If a project is cancelled after work has begun, you will be billed for all work completed to date. We evaluate refund requests on a case-by-case basis.
6. Confidentiality
Both parties agree to maintain strict confidentiality regarding:
- All proprietary information shared during the engagement
- Business strategies, financial information, and trade secrets
- Client data and project details
This obligation survives the termination of any service agreement and continues for 3 years after the engagement ends, unless the information becomes publicly available through no fault of either party.
7. Disclaimers & Warranties
OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
- GUARANTEES OF SPECIFIC BUSINESS RESULTS OR OUTCOMES
- WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE
We do not warrant that our website is free from viruses or other harmful components. We make no specific guarantees regarding SEO rankings, conversion rates, or other marketing metrics, though we strive to achieve the best possible results for our clients.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, daliyproducts SHALL NOT BE LIABLE FOR:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Damages arising from unauthorized access or use of your account
- Any interruption or cessation of service
In any case, our total liability shall not exceed the total fees paid by you to Nexus in the 3 months preceding the event giving rise to the claim.
9. Termination
Either party may terminate a service agreement with 30 days written notice. Nexus reserves the right to immediately terminate services if:
- Payment is significantly overdue (more than 30 days)
- You breach any material term of these Terms or your Service Agreement
- Your conduct is harmful to Nexus or other clients
- We are legally required to do so
Upon termination, you will be invoiced for all work completed. Access to any project files or deliverables will be granted only after all outstanding payments are settled.
10. Governing Law & Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law provisions.
Any disputes arising from these Terms or your use of our services shall be resolved through:
- Good faith negotiation between the parties (30-day period)
- Mediation conducted in San Francisco, California
- Binding arbitration under JAMS rules if mediation fails
You waive the right to participate in class action lawsuits against Nexus.
11. Contact Information
For questions about these Terms and Conditions, please contact us:
daliyproducts
Attn: Legal Department
123 Market Street, Suite 400
San Francisco, CA 94105
Email: legal@nexusagency.com
Phone: +1 (415) 555-0100