These Terms & Conditions govern the provision of digital, technology, marketing, consulting, software and related services by Nexora Commerce. By engaging Nexora Commerce for services, the client agrees to these terms together with any applicable quotation, proposal, statement of work or written project agreement.
1. Our Services
Nexora Commerce provides digital and technology services which may include:
- Website design and development.
- E-commerce development.
- Mobile application development.
- Digital marketing and social media management.
- Search engine optimisation.
- CRM and business systems.
- Automation and custom software.
- Digital strategy and business consultancy.
The exact services provided for a particular project will be defined in the applicable quotation, proposal or written agreement.
2. Proposals, Quotations & Scope
Project scope, deliverables, timelines and fees will normally be communicated through a quotation, proposal, statement of work or other written agreement.
Work outside the agreed scope may be treated as additional work and may result in additional charges and revised timelines.
3. Fees & Payments
Project fees and payment schedules will be agreed before work begins.
Unless otherwise agreed in writing, Nexora Commerce may require an initial deposit before commencing project work.
Outstanding balances may result in the suspension of project work, access to deliverables or deployment until payment is received.
Third-party costs such as domain registration, hosting, software licences, advertising spend, premium plugins, APIs, subscriptions and external services may be charged separately unless expressly included in the agreed project fee.
4. Client Responsibilities
The client is responsible for providing accurate information, content, approvals, credentials and other materials reasonably required to complete the project.
The client must ensure that materials supplied to Nexora Commerce do not unlawfully infringe the rights of another person or organisation.
Delays in providing required information, approvals or materials may affect project timelines.
5. Revisions & Changes
Reasonable revisions included within an agreed project scope will be handled according to the applicable proposal or project agreement.
Major changes to an approved design, structure, functionality or scope may be treated as additional work.
6. Website & Software Development
Website and software projects may depend on hosting platforms, browsers, operating systems, APIs, plugins, third-party software and other technologies outside Nexora Commerce's direct control.
We will make reasonable efforts to deliver functional solutions according to the agreed specifications, but cannot guarantee uninterrupted operation of third-party systems.
7. Domains, Hosting & Third-Party Services
Domains, hosting accounts, advertising platforms, software subscriptions, payment gateways, APIs, plugins and other third-party services may be subject to separate terms imposed by their respective providers.
Nexora Commerce is not responsible for price changes, outages, policy changes, suspension or termination of a third-party service.
8. Intellectual Property
Unless otherwise agreed in writing, ownership of final project deliverables will transfer to the client only to the extent and at the stage specified in the applicable agreement or after the agreed project fees have been fully paid.
Nexora Commerce retains ownership of its pre-existing tools, frameworks, reusable components, processes, know-how and development methods unless expressly assigned otherwise.
Third-party software, fonts, plugins, libraries, images and other licensed materials remain subject to their respective licence terms.
9. Client Content
The client remains responsible for the legality, accuracy and ownership of text, images, logos, documents, data and other materials supplied for a project.
10. Confidentiality
Both parties should treat confidential business, technical and commercial information received during a project as confidential, except where disclosure is required by law or authorised by the relevant party.
11. Warranties
Nexora Commerce will provide services with reasonable care and skill consistent with the agreed scope.
We do not guarantee specific commercial results, sales levels, advertising performance, search rankings, customer numbers or revenue unless expressly guaranteed in a separate written agreement.
12. Limitation of Liability
To the extent permitted by applicable law, Nexora Commerce will not be liable for indirect, incidental, special or consequential losses arising from the use of a website, application, software system, marketing service or third-party platform.
Nothing in these terms excludes liability that cannot lawfully be excluded or limited.
13. Termination
Either party may request termination of an ongoing project in accordance with the applicable project agreement.
Where a project is cancelled after work has commenced, the client may remain responsible for work completed, approved deliverables, committed third-party costs and other non-recoverable project expenses.
14. Disputes
The parties should first attempt to resolve any dispute through good-faith communication.
Where a dispute cannot be resolved informally, the parties may consider appropriate alternative dispute resolution mechanisms before pursuing formal legal proceedings.
15. Governing Law
These terms are intended to be governed by the laws of Kenya, subject to any mandatory legal requirements applicable to the parties.
16. Changes to These Terms
Nexora Commerce may update these terms from time to time. The latest version will be published on this website.
17. Contact
These Terms & Conditions are provided as a general business terms framework and should be reviewed by qualified legal counsel before being relied on as a final legal agreement.