NextClient Services Agreement
The following subscription agreement and NextClient’s Acceptable Use and Service Guidelines govern your use of NextClient services.
The Custom WebShop Service
By subscribing to the Custom WebShop service, you are entitled to one Custom Website design based on a Creative Consultation with a NextClient Project Manager. Custom WebShop website designs are built to specification and work for hire. You may opt to host your Custom WebShop website with any hosting service.
The Custom WebExpress Service
By subscribing to the Custom WebExpress service, you are entitled to one Website design based on an available Custom WebExpress Design Layout that is customized by NextClient to:
- Integrate your company’s logo that you supply, or a stylized name of your company
- Change color scheme
- Change images
- Since Custom WebExpress Websites are based on customizable themes, you only have a license to use the website on our hosting environment
NextClient Managed Hosting
All Custom WebExpress and Custom WebShop websites are hosted by NextClient with the following parameters:
- 2 GB of web server storage space
- 20 GB of monthly bandwidth
- 500 compute cycles
- 10 email accounts
Domain Name Registration
Your NextClient service includes a domain name registration for one year. If you have already registered a domain name you would like to use, the NextClient domain name registration service is optional. Prior to the expiration of the initial year, you will be notified with renewal options and fees associated with renewal. The one year registration that is included with the Custom WebExpress service is made through SRS Plus, a Network Solutions company.
Starting your Subscription
In order to begin your NextClient service, you are required to review and sign either a paper or electronic version of the Website Order Form. There is a one-time design fee plus a two-month deposit of the montly recurring fees to establish your account. The monthly subscription fee will start on the third month after the date on the Website Order Form.
Duration of Subscription
Subscriptions to the NextClient services are on a monthly continuous service basis and monthly billing will start on the third month after the date on the Website subscription form. Your subscription will automatically renew based on a 30-day billing cycle, until you tell us to cancel pursuant to the cancellation policy below.
Prepaid, annual subscriptions may also be offered at a discounted rate. Annual subscriptions terminate one year from the date of subscription and may not be cancelled prior to end of the annual subscription period. You will receive a renewal notice prior to the end of your annual subscription period.
Terminating Your Subscription and Cancellation Policy
NextClient reserves the right to change this subscription agreement from time to time. Charges and payment terms may be changed in accordance with the applicable price schedule. All other provisions may be changed by NextClient immediately upon notice. Continued use of the services and materials following any change constitutes acceptance of the change.
NextClient may suspend or discontinue providing services and materials to you without notice and may pursue any remedy legally available if you fail to comply with any of your obligations hereunder.
You may terminate a monthly subscription to the products, services and materials by providing 30 days prior notice to NextClient in writing or by e-mail. Notice of the intent to terminate received within 30 days within the billing cycle will be processed for termination the following month. Set-up fees and yearly subscriptions are not refundable in whole or in part unless technical difficulties arise to the extent that service cannot be established.
If the credit card on which you have requested billing expires, exceeds your maximum limit of credit, or is rejected by the card issuer for any reason, NextClient will notify you by e-mail, paper invoice or telephone and will attempt to process the transaction within a reasonable period of time. If the charge is rejected by the card issuer again, you will receive notice. You may provide information and authorization to charge another credit card, or speak to customer support about an alternative method of payment.
Except as otherwise provided herein, all notices and communications hereunder shall be in writing or displayed electronically. Notices shall be deemed to have been properly given on the date deposited in the U.S. mail, if mailed; or on the date first made available, if displayed electronically. Notices to NextClient must be sent to:
NextClient.com, Inc.
Attn: Customer Support
25000 Avenue Stanford, Suite 270
Valencia, CA 91355
Telephone: 800-410-6398
Facsimile: (888) 325-3956
Or by e-mail to: [email protected]
License for Limited Use of Custom WebExpress Website
Upon subscription to a Custom WebExpress website, you will be granted a nontransferable, limited license to update, use, and maintain that website. All Custom WebExpress websites are hosted by NextClient. You acknowledge that NextClient retains all rights to the website designs, programming, codes, software and applications associated with Custom WebExpress websites. The license to view, update or access your Custom WebExpress website ceases upon the non-renewal or cancellation of your subscription.
All imagery and fonts used in our website designs are licensed, royalty-free stock photos and are integral part of our products. Limited usage license gives you the right to use images and fonts only as a part of the website you selected. Separate usage or distribution of these photos is prohibited. From time to time, we may allow you to submit for substitution your own images, i.e. photographs, graphics and/or logos. Such image substitution and other design modifications may be subject to an additional graphic design fee and does not constitute “work for hire.” You represent that you own the proprietary rights to, or are otherwise permitted to use the images submitted by you. You retain all rights to your images. NextClient shall not separately use, or distribute your images.
You are authorized to make necessary content modifications to the particular website you subscribe to in order to suit your purposes, subject to NextClient’s Acceptable Use and Service Guidelines. Removing or altering the copyright notice of NextClient as it appears on such website is expressly prohibited. You retain all rights to your content. NextClient shall not separately use, or distribute your content.
During your Custom WebExpress subscription, your website design shall be licensed exclusively to you and may not be resold by either you or NextClient. In the event that your subscription to a website is terminated for any reason, NextClient retains the right to resell the website design at their discretion.
Additional custom work to any Custom WebExpress Design Layout requested by you and performed by us, including but not limited to graphic design and programming, does not constitute work for hire. All rights associated with ownership of the website design, HTML and other codes remains with NextClient regardless of any custom changes made to the website.
Unauthorized Use, Assignability and Ownership
Except as specifically provided herein, you are prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing or using any products, services or materials retrieved from NextClient. You may not publish, broadcast, sell or otherwise redistribute these products, services or materials for commercial purposes. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or any way, exploit, in whole or in part, any of the products, services or materials, except for modifications to the particular website you subscribe to in order to suit your purposes.
All rights, title and interest (including all copyrights and other intellectual property rights) in the products, materials and services provided (in print or machine-readable forms) belong to NextClient. You acquire no proprietary interest in the products, services, materials, or copies thereof.
Limited Warranty
The products, services and materials provided by NextClient are provided “as is” and without warranties of any kind, either express or implied. NextClient disclaims all warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
NextClient does not represent or warrant that any of the information and resources presented on its web pages, its subscribers’ websites, or on the internet generally, will be uninterrupted or error free, that defects will be corrected, or that the services and materials provided or the server from which it is accessed are free from viruses or other harmful components.
Limitation of Liability
In no event shall NextClient be liable for any costs or direct, indirect, special, incidental or consequential damages arising out of or in connection with the use of, or the inability to use the materials and services. In no event NextClient’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for subscription.
Miscellaneous
The failure of NextClient to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or the right to enforce it at a later time.
The subscribing organization or individual may not assign its rights or delegate its duties under this agreement to access the materials and services without the prior written consent of NextClient.
This agreement shall be governed by the laws of the State of California. In the event that an action at law or in equity should arise, you hereby consent and agree that such action may be filed only in the state and federal courts located in the County of Los Angeles, in the State of California, and you hereby consent to personal jurisdiction of such courts for the purposes of adjudicating any such action. If any provision (or portion thereof) of these terms and conditions shall be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provision shall remain enforceable to the fullest extent permitted by law. Furthermore, to the fullest extent possible, the provisions of this agreement (including, without limitation, each portion of these terms and conditions containing any provision held to be invalid, void, or otherwise unenforceable that is not itself invalid, void, or unenforceable) shall be construed so as to give effect to the intent manifested by the provision held invalid, void, or unenforceable.
The foregoing terms shall survive any termination of your right to access to the services, products and materials.
