Terms and Conditions

1. Lawful Use Requirement

You agree to use our website and services only for lawful purposes and in compliance with all applicable UK and international laws, regulations, and industry standards. You must not use our services in any manner that could damage, disable, overburden, or impair our systems or interfere with any other party's use and enjoyment of our services. You are responsible for ensuring that your use complies with all laws applicable to your jurisdiction and industry.

2. Prohibited Activities

The following activities are strictly prohibited when using our website or services:

• • Transmitting any unlawful, threatening, abusive, defamatory, obscene, or otherwise objectionable content
• • Attempting to gain unauthorised access to our systems, other users' accounts, or connected networks
• • Using automated systems including robots, spiders, or scrapers to access our website without permission
• • Transmitting viruses, malware, or any code designed to damage or interfere with system operation
• • Collecting or harvesting personal information about other users
• • Engaging in fraudulent activities or misrepresenting your identity or affiliation
• • Violating intellectual property rights of Nexbyte or any third party
• • Reverse engineering, decompiling, or attempting to extract source code from our systems

3. Content Guidelines

When submitting content through our website, including enquiry forms or communications, you represent and warrant that the content is accurate, does not infringe any third-party rights, and does not violate any laws or regulations. You grant us a non-exclusive license to use submitted content for the purpose of responding to your enquiries and providing services. We reserve the right to refuse or remove any content that violates these terms or is otherwise objectionable.

1. Compliance Obligations

You are responsible for ensuring your use of our services complies with all applicable laws, regulations, and industry standards relevant to your business. This includes, but is not limited to, data protection legislation, employment law, financial regulations, and sector-specific requirements. When we implement technology solutions for you, the responsibility for ongoing compliance remains with you, though we will provide guidance and documentation to support your compliance efforts.

2. Indemnification

You agree to indemnify, defend, and hold harmless Nexbyte, our officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your use of our website or services, your violation of these terms, your violation of any rights of another party, or your violation of any applicable laws or regulations. This indemnification obligation survives termination of these terms.

3. Data Protection Responsibilities

When engaging our services, you are responsible for ensuring you have appropriate legal bases for processing personal data and for complying with your obligations under data protection legislation. Where we process personal data on your behalf as part of our services, we act as a data processor and you retain responsibility as the data controller. Specific data processing arrangements will be documented in service agreements where applicable.

1. Website Disclaimer

Our website and its content are provided "as is" and "as available" without any warranties of any kind, either express or implied. We do not warrant that our website will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. We make no warranties regarding the accuracy, reliability, or completeness of website content. Information on our website is for general guidance only and should not be relied upon as professional advice without consultation.

2. Service Warranties

For professional services, we warrant that we will perform work with reasonable care and skill in accordance with industry standards. Specific warranties for deliverables or outcomes will be outlined in individual service agreements. We do not warrant that our services will meet all your requirements or that they will be error-free, though we commit to addressing any issues that arise promptly and professionally.

3. Third-Party Services Disclaimer

When we implement or recommend third-party products, software, or services, we provide guidance based on our professional experience but cannot warrant the performance or suitability of these third-party solutions for your specific needs. Third-party products are subject to their own warranties and terms, which may differ from ours. We are not liable for issues arising from third-party product failures or limitations.

1. General Liability Cap

To the maximum extent permitted by law, our total liability to you for all claims arising from or related to these terms or your use of our website and services shall not exceed the total fees paid by you to us in the twelve months preceding the claim. This limitation applies regardless of the legal theory on which the claim is based, whether contract, tort, negligence, strict liability, or otherwise.

2. Exclusion of Consequential Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• • Loss of profits, revenue, or anticipated savings
• • Loss of business opportunity or contracts
• • Loss or corruption of data
• • Loss of goodwill or reputation
• • Business interruption or downtime
• • Cost of substitute services or products

This exclusion applies even if we have been advised of the possibility of such damages.

1. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

2. Jurisdiction

You agree that any disputes arising out of or relating to these terms or your use of our services shall be subject to the exclusive jurisdiction of the courts of England and Wales. By using our website or services, you consent to the jurisdiction and venue of these courts and waive any objection to such jurisdiction or venue.

3. Dispute Resolution Procedure

In the event of any dispute, we encourage you to contact us first to seek an amicable resolution. We are committed to resolving issues through good faith negotiation wherever possible. If informal resolution is unsuccessful, the matter may be escalated to formal legal proceedings in accordance with the jurisdiction provisions above.