Terms of Service
Effective Date: January 1, 2026
Welcome to NexGen IT Services ("Company", "we", "our", "us"). By accessing our website, using our services, or signing a project proposal, you ("Client", "you") agree to be bound by these Terms of Service. Please read them carefully.
1. Services
NexGen IT Services provides technology solutions including but not limited to custom software development, website design, mobile application development, IT infrastructure management, and workflow automation. The specific scope, deliverables, and timeline for your project will be outlined in a separate Statement of Work (SOW) or Project Proposal.
2. Intellectual Property & Source Code Rights
2.1 Deliverables: Upon payment of all fees in full, NexGen IT Services grants the Client a perpetual, non-exclusive, non-transferable license to use the final compiled software, website, or application for the Client's internal business purposes.
2.2 Source Code Ownership: Unless explicitly stated otherwise in a "Work for Hire" agreement, NexGen IT Services retains all ownership rights, title, and interest in the underlying source code, libraries, frameworks, design patterns, and background technology used to create the Deliverables. The Client is paying for the final product (the "Deliverable"), not the source code or the tools used to create it.
2.3 Source Code Buyout: If the Client wishes to acquire full ownership of the source code for their project, a separate Source Code Release Fee will apply. This fee is typically calculated as a percentage of the total project cost or a fixed fee as determined by NexGen IT Services. Payment of this fee transfers ownership of the specific project source code to the Client, excluding any of our core proprietary libraries or open-source components.
3. Hosting & Domain Transfers
3.1 Hosting Services: If NexGen IT Services manages your hosting, domains, or third-party accounts, we do so to ensure security and performance.
3.2 Transfer of Services: In the event the Client wishes to move their website, application, or domain to a different hosting provider or registrar, NexGen IT Services will cooperate to facilitate this transfer.
3.3 Transfer Fees: All transfer requests are subject to an administrative Transfer Fee. This fee covers the technical time required to package files, export databases, unlock domains, and provide the necessary credentials to the new provider. This fee must be paid before any transfer process begins.
3.4 Liability Release: Once the transfer credentials have been provided to the Client or their new provider, NexGen IT Services is released from all liability regarding the functionality, uptime, and security of the website or application. We do not provide free support for issues arising during or after a migration managed by a third party.
4. Client Obligations
The Client agrees to provide all necessary content, images, credentials, and feedback in a timely manner. Delays in Client feedback may result in a delay in the project timeline. We are not responsible for deadlines missed due to Client delays.
5. Payment Terms
Unless otherwise agreed in writing, invoices are due upon receipt. A deposit is typically required to commence work. We reserve the right to suspend services, take down websites, or pause development if payments are not made in accordance with the agreed schedule.
6. Limitation of Liability
In no event shall NexGen IT Services be liable for any indirect, special, incidental, or consequential damages, including loss of profits, data, or business opportunities, arising out of the use or inability to use our services. Our total liability for any claim shall not exceed the amount actually paid by the Client to us for the specific service giving rise to the claim.
7. Contact Us
If you have any questions about these Terms, please contact us at info@nxgits.com.