Terms of Service
These Terms of Service govern the relationship between nexweb and its clients for the provision of website design, digital marketing, hosting, maintenance, AI services, and related engagements. By signing a proposal, paying a deposit, or instructing us to begin work, you agree to these terms.
1. Description of Services
nexweb provides an ongoing set of digital services including — but not limited to — website design and development, marketplace setup, branding, search engine optimisation (SEO), generative engine optimisation (GEO), Google Ads management, social media management, AI chatbot development, workflow automation, managed hosting, web maintenance, and web optimisation. The specific services delivered to you are determined by your chosen plan or project agreement.
2. Scope and Limitations
nexweb delivers services within the scope defined in your signed proposal or service agreement. Any changes to scope — including additional pages, features, integrations or deliverables not included in the original brief — must be agreed in writing by both parties. Additional scope may be subject to supplementary charges.
3. Client Responsibility
While nexweb provides tools, skills and strategic guidance, clients retain full responsibility for:
- The accuracy and legality of content they supply or approve.
- Ensuring their business operations comply with applicable Malaysian laws and regulations.
- Providing timely feedback and approvals to keep projects on schedule.
- The commercial outcomes of their business, which nexweb can influence but does not guarantee.
4. Payment
Payment terms are specified in your project proposal or service agreement. Standard terms include:
- Website projects — a build fee is invoiced upon project commencement. Recurring support or hosting fees begin upon project completion or as specified in the agreement.
- Monthly services — billed in advance on a 30-day cycle. Services begin upon receipt of the first payment.
- Annual services — billed upfront for the full 12-month period at a discounted rate.
- Late payments — overdue balances may incur interest of 1.5% per month. nexweb reserves the right to pause active services until outstanding invoices are settled.
5. Intellectual Property and Copyright
nexweb retains copyright over all creative work, code, and materials produced during a project until the full project build fee has been paid. Upon full payment:
- You receive a licence to use all deliverables for your business purposes.
- You may not resell, sub-licence or repurpose nexweb's work for third parties without written consent.
Content, images, logos and materials supplied by the client remain the client's intellectual property at all times.
6. Client Account and Security
Where accounts are created (hosting panels, CMS logins, advertising accounts), you are responsible for maintaining the confidentiality of your credentials. You must not share login details unnecessarily, upload malware or disruptive software, or use accounts in a way that breaches these terms or applicable law. Report any suspected unauthorised access to us immediately.
7. Reference and Portfolio Rights
nexweb may reference your business name, URL and project outcomes in our portfolio, case studies, proposals, and marketing materials, unless you notify us otherwise in writing before project commencement.
8. Term and Termination
Monthly service subscriptions auto-renew unless either party gives 30 days' written notice of termination. nexweb may terminate immediately if:
- Payment is not received within 14 days of the due date.
- The client breaches these terms in a material way and does not remedy the breach within 7 days of written notice.
Upon termination, nexweb will provide a reasonable transition period to hand over access and files. Archived project data is retained for 90 days post-termination and then permanently deleted unless otherwise agreed.
9. Modifications to Services and Pricing
nexweb reserves the right to modify, suspend or discontinue any service at any time. For recurring clients, pricing changes will be communicated at least 30 days in advance via the email address on record. Continued use of the service after the effective date of a pricing change constitutes acceptance of the new pricing.
10. Acceptable Use
You agree not to use nexweb's services to create, publish or distribute content that is unlawful, defamatory, discriminatory, harassing, spam, or in violation of any third-party rights. nexweb reserves the right to refuse service to any party whose activities conflict with these standards.
11. Warranty Disclaimer
Services are provided "as is" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. nexweb does not warrant that services will be uninterrupted or error-free, or that specific business results will be achieved.
12. Limitation of Liability
To the fullest extent permitted by Malaysian law, nexweb's total liability to you for any claim arising out of or in connection with these terms shall not exceed the total fees paid by you in the three months preceding the claim. nexweb shall not be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, data or business opportunities, even if advised of the possibility of such damages.
13. Indemnification
You agree to indemnify and hold harmless nexweb, its directors, employees and contractors from and against any claims, liabilities, damages, losses and expenses (including legal fees) arising out of or related to: your use of our services, your breach of these terms, or third-party claims arising from content you provide or approve. nexweb will indemnify you against claims arising solely from our gross negligence or wilful misconduct.
14. Governing Law and Disputes
These Terms of Service are governed by the laws of Malaysia. Any dispute arising from or in connection with these terms shall be subject to the exclusive jurisdiction of the Malaysian courts. Where possible, both parties agree to first attempt resolution through good-faith negotiation before initiating formal proceedings.
15. Contact
For questions about these Terms of Service, reach us at:
- Email: hello@nexweb.my
- Website: nexweb.my/contact