Terms of Service

By using our website, submitting an inquiry, signing a service agreement, or making a payment, you acknowledge that you have read, understood, and agree to these Terms. These Terms apply to all visitors, users, and clients of NexGen Optimize.

NexGen Optimize provides web design, web development, website updating and optimization, business process streamlining, digital marketing strategy, and related consulting services.

Specific deliverables, timelines, and pricing are defined in individual Service Agreements executed with each client.

We reserve the right to modify, suspend, or discontinue any service at any time with reasonable notice.

We may also update service offerings, pricing, and features without prior notice.

You must be at least 18 years of age and have the legal authority to enter into binding agreements on behalf of yourself or the business entity you represent.

By using our services, you represent and warrant that you meet these requirements.

You agree to provide accurate, current, and complete information when engaging our services.

You are responsible for maintaining the confidentiality of any account credentials or access information we provide to you.

You agree to notify us immediately of any unauthorized use of your account or any security breach.

You retain ownership of all content, materials, data, logos, trademarks, and other intellectual property you provide to us for use in delivering services ('Client Materials'). By providing Client Materials, you grant us a limited, non-exclusive license to use them solely for the purpose of completing your project.

Upon receipt of full payment, ownership of custom deliverables created specifically for you, such as website designs, written content, and graphics produced exclusively for your project, transfers to you as outlined in your Service Agreement.

Any pre-existing tools, frameworks, plugins, templates, or code libraries we use remain our property or the property of their respective owners and are licensed, not sold, to you.

All content on nexgenoptimize.com, including text, graphics, logos, software, and design elements, is the property of NexGen Optimize and is protected by applicable intellectual property laws.

You may not reproduce, distribute, or create derivative works from our content without our express written permission.

Unless you request otherwise in writing, we reserve the right to display your completed project in our portfolio and use it for marketing purposes. We will not disclose confidential business information in doing so.

Payment terms are specified in each Service Agreement.

A non-refundable deposit is required before work commences on any project.

Remaining balances are due upon project completion or at milestones defined in the Service Agreement.

Invoices not paid within 15 days of the due date are subject to a late fee of 1.5% per month on the outstanding balance.

We reserve the right to suspend or terminate services for non-payment.

All prices are in U.S. Dollars unless otherwise specified.

The number of revisions included in a project is specified in the Service Agreement.

Requests for changes that fall outside the agreed scope will be quoted separately and require written approval before additional work begins.

We are not responsible for delays caused by late feedback, missing client materials, or scope expansions.

Project timelines are estimates and depend on timely receipt of client materials, feedback, and approvals.

We will make reasonable efforts to meet agreed timelines.

We are not liable for delays caused by client-side factors, third-party services, or circumstances outside our reasonable control, including force majeure events.

Our services are provided on an 'as is' and 'as available' basis.

While we strive to deliver high-quality work, we do not warrant that websites we build will achieve specific search engine rankings or business results.

We do not warrant that websites will be free from all defects, errors, or security vulnerabilities at all times.

We do not warrant that third-party platforms, plugins, or services we integrate will remain functional or compatible indefinitely.

We disclaim all warranties, express or implied, to the maximum extent permitted by applicable law, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the fullest extent permitted by law, NexGen Optimize, its owners, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our services, including lost profits, lost data, or business interruption, even if we have been advised of the possibility of such damages.

Our total liability for any claim arising out of or related to our services shall not exceed the total amount paid by you for the specific service giving rise to the claim in the three months preceding the claim.

You agree to indemnify, defend, and hold harmless NexGen Optimize and its owners, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in connection with your use of our services, your violation of these Terms, your violation of any third-party rights, or any content or materials you provide to us that infringe any third-party intellectual property rights.

Either party may terminate a service engagement in accordance with the terms of the applicable Service Agreement.

Upon termination, you will pay for all work completed up to the date of termination.

We will return any client materials provided to us.

Deliverables for which payment has been received in full will be transferred to you.

Deliverables for which payment has not been received remain our property.

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

Any dispute arising from these Terms or our services shall first be attempted to be resolved through good-faith negotiation.

If negotiation fails, disputes shall be submitted to binding arbitration in Erie County, Pennsylvania, under the rules of the American Arbitration Association.

We reserve the right to modify these Terms at any time.

We will notify active clients of material changes via email.

Your continued use of our services after notification constitutes acceptance of the updated Terms.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

These Terms, together with any applicable Service Agreement, Privacy Policy, and project-specific documentation, constitute the entire agreement between you and the Company regarding the subject matter herein and supersede all prior communications, representations, or agreements.

For questions about these Terms of Service, contact NexGen Optimize.

Email: admin@nexgenoptimize.com

Location: Erie, Pennsylvania