These Terms of Service (“Terms”) govern your use of the services provided by NX Growth Limited trading as NexQ (“NexQ”, “we”, “us”, or “our”), a multi-service business growth partner. By accessing our website at www.nexq.co.uk (the “Website”) or engaging with our services, you (“Client”, “you”, or “your”) agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Website or services.
NX Growth Limited trading as “NexQ” is a company registered in England and Wales under company number 16147848.
1.1. These Terms constitute a legally binding agreement between you and NexQ. They apply to all users of the Website and clients of our services. 1.2. By accepting a proposal, Statement of Work (SOW), or making a payment for our services, you confirm your acceptance of these Terms. 1.3. We may amend these Terms from time to time. The “Last Updated” date at the top of this page indicates when these Terms were last revised. Your continued use of the Website or services after any such changes constitutes your acceptance of the new Terms.
NexQ provides a range of business growth solutions, including but not limited to:
Meeting Sourcing & Sales Growth: Connecting businesses with high-value prospects through strategic outreach.
Sales Consulting: Custom strategies to optimise sales pipelines, improve conversions, and maximise revenue.
Advertising & Digital Marketing: Targeted campaigns to boost brand awareness, engagement, and lead generation (e.g., Google Ads, LinkedIn Ads, SEO, content marketing).
Website Design & Development: Creation of modern, conversion-focused websites.
Website Refresh & Optimisation: Transformation of outdated websites into sleek, high-performing platforms.
Website Maintenance & Support: Ongoing updates, security, and performance enhancements.
2.1. The specific services to be provided, their scope, deliverables, timelines, and pricing will be detailed in a separate written proposal or Statement of Work (“SOW”) agreed upon by both parties. In the event of any conflict between these Terms and an SOW, the provisions of the SOW shall prevail regarding the specific services outlined therein. 2.2. NexQ reserves the right to modify or discontinue any service at any time without prior notice, although we will endeavour to notify existing clients of any significant changes affecting their current services.
3.1. You agree to provide us with all necessary information, content, access, and cooperation required for us to perform the services in a timely and efficient manner. This includes, but is not limited to, providing accurate company information, marketing materials, access to your systems (where necessary and agreed), and prompt feedback and approvals. 3.2. You warrant that all information, content, and materials provided by you to NexQ for the purpose of delivering the services do not infringe any third-party intellectual property rights, are not defamatory, obscene, or otherwise unlawful, and comply with all applicable laws and regulations in the UK and any relevant international jurisdictions. 3.3. You are responsible for obtaining all necessary consents, licences, and permissions from third parties to allow NexQ to use any materials or access any accounts on your behalf. 3.4. You acknowledge that our ability to perform the services effectively depends on your timely and accurate provision of information and cooperation. Any delays caused by your failure to meet your obligations may impact project timelines and costs. 3.5. You agree not to use the Website or our services for any unlawful purpose, or in any way that could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website or services.
4.1. Pricing: The fees for our services will be as set out in the agreed SOW or proposal. All fees are quoted in Great British Pounds (£) and are exclusive of VAT, unless otherwise stated. VAT will be added at the prevailing UK rate where applicable. 4.2. Invoicing: Invoices will be issued in accordance with the payment schedule outlined in your SOW. Payment terms are typically [e.g., 14 days] from the date of invoice, unless otherwise specified. 4.3. Late Payments: If any payment is not received by the due date, we reserve the right to: * Charge statutory interest on the overdue amount at a rate of 8% plus the Bank of England base rate, as per the Late Payment of Commercial Debts (Interest) Act 1998. * Suspend or cease providing services until full payment is received. * Terminate the relevant SOW or these Terms. 4.4. Refunds: All fees paid are generally non-refundable, unless explicitly stated otherwise in your SOW or required by law. If a refund is due, it will be processed within 30 days.
5.1. NexQ Intellectual Property: All intellectual property rights in our methodologies, tools, software, processes, templates, and any other proprietary materials developed or used by NexQ in the provision of services (excluding client-specific deliverables) remain the exclusive property of NexQ. 5.2. Client Intellectual Property: You retain ownership of all intellectual property rights in any content, materials, or data you provide to NexQ. You grant NexQ a non-exclusive, royalty-free, worldwide licence to use, reproduce, modify, and display such materials solely for the purpose of providing the services to you. 5.3. Deliverables: Upon full and final payment for the services outlined in an SOW, the intellectual property rights in the specific deliverables created by NexQ for you as part of that SOW (e.g., completed website design, specific ad creatives) shall transfer to you, unless otherwise agreed in writing.
6.1. Both parties agree to keep confidential all non-public information, materials, and data (including business, technical, financial, and client-related information) disclosed by one party to the other, whether orally or in writing, that is designated as confidential or that, by its nature, would reasonably be understood to be confidential. 6.2. Confidential information shall not be disclosed to any third party, except to employees, agents, or sub-contractors who have a need to know for the purpose of performing these Terms and are bound by similar confidentiality obligations. 6.3. This confidentiality obligation does not apply to information that is or becomes publicly available, was known to the receiving party prior to disclosure, is independently developed by the receiving party without reference to the confidential information, or is required to be disclosed by law or a court order.
7.1. Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited by law. 7.2. Subject to Clause 7.1, NexQ shall not be liable to you for any indirect, incidental, special, consequential, or exemplary losses or damages, including but not limited to, loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of or damage to goodwill, loss of use or corruption of software, data or information, or any other economic loss (howsoever caused, whether arising under contract, tort (including negligence), breach of statutory duty, or otherwise). 7.3. Subject to Clause 7.1, NexQ’s total aggregate liability to you for any claims arising out of or in connection with these Terms or the services provided, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no event exceed the total fees paid by you to NexQ under the relevant SOW in the twelve (12) months immediately preceding the event giving rise to the claim. 7.4. You acknowledge that NexQ cannot guarantee specific business outcomes, such as a precise number of leads, sales figures, or revenue increases, as these are dependent on numerous external factors beyond our control. Our services are provided on a “best efforts” basis to achieve your objectives.
8.1. The Website and services are provided on an “as is” and “as available” basis. NexQ makes no warranties, express or implied, regarding the operation of the Website or the information, content, or materials included on the Website. 8.2. NexQ does not warrant that the Website will be uninterrupted, error-free, secure, or free from viruses or other harmful components. 8.3. While we strive to provide high-quality services, we do not guarantee specific results e.g., conversion rates, rankings from our marketing or web solutions due to the dynamic nature of digital environments and market competition.
9.1. Termination by Client: You may terminate an SOW or your engagement with NexQ by providing 30 days written notice. You will be liable for all services rendered and expenses incurred up to the effective date of termination. 9.2. Termination by NexQ: We may terminate an SOW or your access to our services immediately if: * You commit a material breach of these Terms or any SOW and fail to remedy that breach within 14 days of written notice. * You fail to make any payment by the due date. * You become insolvent, go into liquidation, or a receiver or administrator is appointed over your assets. * Your actions, in our reasonable opinion, negatively impact our reputation or ability to provide services to other clients. 9.3. Effect of Termination: Upon termination, all outstanding payments become immediately due. Any licences granted by NexQ will cease, and you must cease all use of NexQ’s intellectual property. Sections 5, 6, 7, 10, 11, and 13 shall survive termination.
You agree to indemnify and hold harmless NexQ, its directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:
Your breach of these Terms or any SOW.
Your violation of any applicable law or the rights of a third party.
Any claims relating to content or materials you provide to us, including infringement of intellectual property rights, defamation, or obscenity.
11.1. These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, shall be governed by and construed in accordance with the laws of England and Wales. 11.2. Both parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation. 11.3. We encourage clients to contact us directly to resolve any issues. Should a dispute arise that cannot be resolved amicably, we may consider mediation as an alternative to litigation.
We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Website or in an SOW.
13.1. Entire Agreement: These Terms, together with any applicable SOWs, constitute the entire agreement between you and NexQ regarding the services and supersede all prior or contemporaneous understandings, agreements, negotiations, and discussions, whether written or oral. 13.2. Severability: If any provision of these Terms is found by a court or competent authority to be invalid, illegal, or unenforceable, that provision shall be deemed deleted to the minimum extent necessary, and the validity and enforceability of the remaining provisions shall not be affected. 13.3. Waiver: No waiver by NexQ of any breach of these Terms shall be a waiver of any subsequent breach. Any waiver must be in writing and signed by NexQ. 13.4. Force Majeure: Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by an event beyond its reasonable control, including but not limited to acts of God, war, pandemic, terrorism, natural disaster, power outages, or governmental actions. 13.5. Third-Party Rights: A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms. 13.6. Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations without restriction.
Web Solutions, Digital Marketing, Lead Generation & Sales Acceleration.