Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Nexa Solutions (trading name of Elasticbeanstalk) ("we", "us", or "our"), governing your access to and use of our website and services.

By accessing or using our website or services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

2. Our Services

Nexa Solutions provides technology services including but not limited to:

• Website design and development
• Mobile application development
• Custom AI solutions and automation
• UX/UI design and branding
• Technical consulting

Specific services, deliverables, timelines, and pricing will be outlined in separate project agreements or proposals provided to clients.

3. Use of Website

You agree to use our website only for lawful purposes and in a way that does not:

• Infringe the rights of any third party
• Restrict or inhibit anyone else's use of the website
• Attempt to gain unauthorised access to our systems
• Introduce viruses, malware, or other harmful code
• Collect or harvest any information from the website without permission
• Use the website for any fraudulent or illegal purpose

4. Intellectual Property

Our Content

All content on this website, including text, graphics, logos, images, and software, is the property of Nexa Solutions or our licensors and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from our content without our express written permission.

Client Projects

Ownership of intellectual property created during client projects will be specified in the relevant project agreement. Generally, upon full payment, clients receive ownership of the final deliverables, while we retain ownership of our pre-existing tools, frameworks, and methodologies.

5. Project Agreements

For specific project work, we will provide a separate proposal or agreement that outlines:

• Scope of work and deliverables
• Project timeline and milestones
• Pricing and payment terms
• Revision and change request policies
• Ownership and licensing of deliverables

The terms of any project agreement will take precedence over these general Terms of Service in the event of any conflict.

6. Payment Terms

Payment terms will be specified in individual project proposals. Generally:

• A deposit may be required before work commences
• Progress payments may be tied to project milestones
• Final payment is due upon project completion
• All prices are in New Zealand Dollars (NZD) unless otherwise stated
• GST will be added where applicable

7. Confidentiality

We respect the confidentiality of information shared with us during project discussions and engagements. We will not disclose your confidential information to third parties without your consent, except as required by law or as necessary to perform our services.

We may request permission to showcase completed projects in our portfolio. This will always be discussed and agreed upon with you before any public disclosure.

8. Limitation of Liability

To the maximum extent permitted by New Zealand law:

• Our website and services are provided "as is" without warranties of any kind
• We are not liable for any indirect, incidental, special, or consequential damages
• Our total liability for any claim arising from our services is limited to the amount paid for the specific service giving rise to the claim
• We are not responsible for any loss of data, revenue, or business opportunities

Nothing in these Terms excludes or limits liability that cannot be legally excluded or limited under New Zealand law, including liability under the Consumer Guarantees Act 1993 where applicable.

9. Indemnification

You agree to indemnify and hold harmless Nexa Solutions, its directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of our website or services
• Your violation of these Terms
• Your violation of any rights of a third party
• Content or materials you provide to us

10. Termination

We reserve the right to terminate or suspend your access to our website at any time, without notice, for any reason. For project engagements, termination procedures will be outlined in the specific project agreement.

11. Dispute Resolution

In the event of any dispute arising from these Terms or our services:

• We will first attempt to resolve the matter through good-faith negotiation
• If negotiation is unsuccessful, we may agree to mediation
• These Terms are governed by the laws of New Zealand
• The courts of New Zealand have exclusive jurisdiction over any disputes

12. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our website or services after any changes constitutes acceptance of the new Terms.

13. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy and any project-specific agreements, constitute the entire agreement between you and Nexa Solutions regarding your use of our website and services.

15. Contact Us

If you have any questions about these Terms of Service, please contact us at: