TERMS AND CONDITIONS

Nexbyte/Nexmedia Terms & Conditions

Nexmedia is a trading name of Nexbyte Ltd - company number 5646254

Nexbyte Ltd, 2 Neptune House, Nelson Quay, Milford Haven, Pembrokeshire, SA73 3BH

NexByte Limited is hereafter referred to as "NexByte"

By paying your invoice, logging into your account, or uploading files to it, you are indicating your acceptance of these Terms and Conditions. We reserve the right to update and amend our Terms & Conditions from time to time.

DOMAINS

Although our core business does not include reselling domains we can register domains and manage them for you if you prefer not to handle this yourself. We normally bill in advance for domain renewals however in some cases we may bill in arrears for domains. For any domains registered through Nominet on our NEXBYTE Tag, we will include a link to Nominet Terms & Conditions within your PDF Invoice.

Contact/Response time.

We aim to respond to customer contacts within 48 hours regarding any issues with domain names.

Domain Abuse

Please report any instances of abuse on any domains we manage to abuse@nexbyte.net

Customer Complaints

Any complaints regarding domains should be forwarded to support@nexbyte.net

Cancellation

Please note it is your responsibility to send us cancellation notice in writing (via email) to cancel any surplus domains. If we do not receive cancellation in writing (via email) we reserve the right to bill for the entire period that the domain has been registered and renewed by us.

Domain Transfers

Our standard domain transfer fee is £30+VAT per domain however if your account is in arrears we will not release any domains until the entire balance has been cleared. We may also re-point the DNS servers at our accounts page until a settlement has been received in full.

INTELLECTUAL PROPERTY RIGHTS

On request, we are normally willing to grant the rights to use any graphics and layouts we produce for our customers elsewhere.

Any software, systems, plugins either bespoke, for Umbraco or nopCommerce used or created by Nexmedia will, however, remain the intellectual property of Nexbyte Ltd.

In the case of our most recent Umbraco plugins, it is recommended they remain hosted on Nexbyte Ltd services which will include support whilst hosted on our services.

Please note our Umbraco plugins are licensed to one domain only and cannot be copied and used on another domain.

WEBSITE HOSTING TERMS

Account Suspension, Data Removal, and Liability

NexByte reserves the right to suspend, restrict, or terminate access to our services if we determine that an account has been misused, poses a security or stability risk, or is otherwise in breach of our terms.

In exceptional circumstances—such as abuse, unauthorised activity, or threats to server integrity—we reserve the right to access, amend, restrict, or delete data stored on our servers without prior notice. These measures are taken only when necessary to protect our systems, comply with legal obligations, or enforce our Terms of Service.

Upon account closure, whether initiated by the customer or by NexByte, all associated data may be permanently deleted. Customers are solely responsible for maintaining their own backups, as NexByte does not guarantee data retention following account termination.

All actions taken under this policy will comply with applicable UK laws, including data protection obligations under the UK GDPR. We do not disclose personal information to third parties unless legally required to do so.

Support and Resolution Times

For websites built by NexByte, we will endeavour to resolve any reported issues within 24 hours of notification. However, we cannot accept liability for any loss or disruption—including missed enquiries from contact forms—that has not been reported directly to a member of the NexByte or Nexmedia team.

For websites built by third parties but hosted by NexByte, we aim to investigate and resolve reported issues within 48 hours, wherever reasonably possible.

WEBSITE ENQUIRY FORMS

It is the customer’s responsibility to regularly test all website enquiry or contact forms to ensure they are functioning correctly and messages are being delivered as expected. This is especially important if your email is hosted externally, as delivery can be affected by third-party systems outside of NexByte’s control.

Our content management systems (including Umbraco, WordPress, nopCommerce, and bespoke platforms) allow you to configure and update the recipient email address for form notifications. You are responsible for ensuring that the email address set within the CMS is valid, actively monitored, and capable of receiving messages.

Please be aware that email delivery may be impacted by factors such as DNS configuration, SPF, DKIM or DMARC record settings, or changes introduced by external mail providers. NexByte does not manage external mail servers or third-party DNS, and as such, we cannot accept liability for undelivered or misrouted messages resulting from these factors.

If an issue with a website enquiry form is identified and reported to us, we will make all reasonable efforts to assist and resolve the matter within 24 hours wherever possible. However, we are not responsible for any losses arising from missed messages or delayed responses due to unreported or externally caused email delivery failures.

As a matter of best practice, we recommend customers perform regular test submissions, especially after making changes to their website, hosting configuration, email provider, or DNS records.

OUR SERVERS, SECURITY AND SERVER PATCHING

All of our web servers run in an enterprise-grade clustered cloud computing environment ensuring maximum up-time. Due to the clustered environment, we endeavour to achieve 99.99% uptime at all times. We use private networks, firewalls and VPN features to defend your data and applications from malicious attack. With daily snapshots images of our servers, in addition to external offsite backups of websites and databases, we ensure that we can safely restore your services at any time in the event of an emergency. Our web servers are all running current (Microsoft supported) operating systems. Our servers are upgraded on a regular basis to ensure cutting-edge performance and we always ensure the latest patches have been applied as soon as they are released.

EMAIL SERVICES AND EMAIL PASSWORD SECURITY

Each standard hosting package includes 1 free email boxes and up to 5GB storage across all your accounts.
To avoid any additional charges, we recommend creating a local data file on your PC to archive older messages. Please request a link to a guide on how to do this.
We can offer remote support to help you set up any new email boxes, but please note that this service is chargeable at our standard hourly rate.
For support with our free email boxes, we charge a minimum fee of an hour. The same minimum fee applies if you request us to create a new mailbox for you.
If you require more than 5GB total storage for your emails or need more than 2 email addresses, you will need to upgrade to one of our advanced mail packages. We will provide a quote per mailbox/mail storage requirements for our advanced mail hosting packages. Please contact us for more information.

If you require more than 5GB total storage for your emails or require more then 2 email addresses you will need to upgrade your account to one of our advanced mail packages. We quote per mailbox/mail storage requirements for our advanced mail hosting packages - please contact us for details.

Please be aware you are responsible for ensuring that you have a secure email password. Nexbyte will not be held responsible for any losses incurred if someone is to access your email due to insecure passwords. We encourage all customers to use at least 12 characters with a mix of upper and lowercase combined with symbols. If we detect an account being abused we reserve the right to disable the account with immediate effect. In this case, we will contact you as soon as possible and help you to reset your password and get your account back up and running.

Please note we have seen a growing number of attempts to access email accounts with simple non-secure passwords and we ask all of our customers with concerns about their passwords to contact us for details on how to change their email passwords.

We don't strictly enforce any of our account limits therefore if you go over 5GB we will not stop any messages arriving but we will be in touch to ask you to upgrade your account or advise you to archive older message onto a folder on your own PC.

We no longer allow mail account forwarding to Hotmail, GMail or Yahoo - instead if you wish to use either service you will need to configure the service to sync with our servers which will poll any message from your email accounts instead of us pushing them out to either of the respective services.

WEBSITE DESIGN CUSTOMERS - TERMS OF ENGAGEMENT

When Nexmedia undertakes a standard website design or development project, a fifty per cent (50%) deposit is required in advance to secure the work. This deposit confirms acceptance of our Proposal—whether given in writing (including email), verbally (including by telephone), or by payment—and enables the commencement of design, consultancy, or development tasks.

Once any design work or initial consultancy has been delivered for review, typically in the form of a live staging site used to present the initial concept, or returned with requested amendments by the Client or their representatives, this will be taken as confirmation of approval and acceptance of the concept. At this stage, the deposit becomes non-refundable. This reflects the significant time, technical input, and resource commitment already undertaken by Nexmedia at this point in the project.

Each project will be governed strictly by the scope outlined in the accompanying Proposal document (typically a PDF) provided before payment of the initial deposit. Any requests outside of that scope may incur additional charges and require formal agreement.

For all standard web design and ecommerce projects, please note the following conditions:

While any website built by Nexmedia remains hosted within our infrastructure, we will endeavour to resolve functional issues that prevent the site from operating correctly within seven (7) working days of written notification.
Where issues are found to be the result of customer error (e.g., content deletion or changes made by the client), Nexmedia reserves the right to charge for time spent resolving such issues.
Hosting with Nexmedia is a requirement for receiving any ongoing support under our standard service agreement.
Payment of the deposit invoice constitutes acceptance of these Terms and Conditions in full.
Any estimated completion time given, either discussed verbally or included in your Proposal, is for guidance only and may be subject to delays outside of Nexmedia’s control.

Nexmedia Limited (also trading as Nexbyte) excludes all liability, to the fullest extent permitted by law, for the following:

Loss or damage caused by inaccuracies in content supplied by the Client.
Loss or damage caused by omissions.
Loss or damage resulting from delays or errors in the production or delivery of the website.
Loss or damage to Client-supplied materials (including artwork, text or photography), whether or not arising from negligence.

The entire liability of Nexmedia Limited to the Client in respect of any claim for breach of this Agreement—whether arising from negligence or otherwise, shall be limited to the total amount paid by the Client under the relevant project agreement.

WEBSITE DESIGN CUSTOMERS - PAYMENT TERMS

1. DEPOSIT

A non‑refundable deposit of fifty per cent (50%) of the total project fee is payable upon acceptance of our Proposal and before any work commences.
Once any design concepts or initial consultancy have been provided for review or amendment by the Client or its agents, this deposit becomes non‑refundable.

2. COMPLETION BALANCE

The remaining fifty per cent (50%) of the project fee (the “Completion Balance”), together with any agreed third‑party costs and the first period’s hosting fees (if applicable), becomes payable when Nexmedia declares the website complete.
The website will not be transferred to the live environment, made publicly accessible, or released to the Client until the Completion Balance and any hosting fees due have cleared in full.

3. ESTIMATED COMPLETION TIME & CLIENT DELAYS

The PDF Proposal includes an estimated completion timeframe. This timeframe is an estimate only and assumes timely provision of content, feedback and approvals by the Client.
If, by the estimated completion date, Nexmedia has fulfilled all tasks within its control and the project is delayed solely because required content delivered by the customer or third party, feedback or approval has not been supplied by the Client, Nexmedia reserves the right to issue the Completion Balance invoice in full.
Hosting fees will ordinarily commence from the website’s go‑live date. Where go‑live is delayed by the Client for more than one (1) calendar month after the declared completion date, hosting fees will be invoiced from the end of that month, as costs continue to be incurred in operating and backing‑up the staging environment and database.

4. HOSTING & ONGOING SUPPORT

Websites must remain hosted on Nexmedia’s infrastructure for any ongoing support to remain in place. Standard hosting charges are set out in the Proposal or current rate card.

5. PAYMENT TERMS & METHODS

All invoices are payable within fourteen (14) days of the invoice date unless otherwise agreed in writing.
Nexmedia reserves the right to suspend further work, support or hosting services where any invoice remains unpaid beyond its due date.
Interest and reasonable administration costs may be charged on overdue sums in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
All fees are exclusive of Value Added Tax (VAT), which will be added at the prevailing rate.
All amounts are stated and payable in Pounds Sterling (GBP) unless otherwise agreed in writing.

BESPOKE DEVELOPMENT CUSTOMERS

When we undertake a bespoke development project we require a 50% deposit in advance. Once any design work / initial consultancy has been approved or sent back for amends by yourselves or any agents acting on your behalf this deposit becomes non-refundable to cover our costs.

At the point of build any web-based applications will be built according to the latest browser technology at that time.

We will provide up to 12 months of bug fixes after your site goes live. For the duration of this period we will endeavour to carry out fixes within 7 working days where possible.
Any fixes required after the initial 12 months period will chargeable at our standard hourly rate.
Any bespoke/custom websites may require upgrading from time to time to keep the core software up to date (such as newer NopCommerce versions). We will cover any urgent upgrades for the first 12 months following completion of a custom development project however an ongoing support contract will be required if you wish to extend this upgrade support further than 12 months. If a support contract is not in place any upgrades to components will be chargeable at our standard hourly rate.
We offer software support contracts with service level agreement for those with mission-critical services or those who require a faster response time.
By paying your deposit invoice you agree to abide by our terms and conditions, this will be clearly stated on your deposit invoice.

Nexbyte Limited/Nexmedia hereby excludes itself, its Employees and or Agents from all and any liability from:

Loss or damage caused by any inaccuracy from content provided by the customer.
Loss or damage caused by omission.
Loss or damage caused by delay or error in the production of the website.
Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

Please note any estimated completion time discussed or included on your proposal is an estimate only and can be affected by various external situations.

The entire liability of Nexbyte Limited to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

ACCOUNT USAGE POLICY

Nexmedia provides fully managed hosting and support services. We do not offer control panel access. All websites and applications, whether built using Umbraco, nopCommerce, WordPress, or bespoke platforms, are supported and maintained by our team.

User accounts, including CMS logins, are intended for use by the designated primary owner or their internal team only. You must not resell, sublet, or share access with third parties, nor use your account to host content or manage services on behalf of others.

For clarity, web hosting services include allowing an unrelated third party to store or publish content using your site or system, whether paid or unpaid.

Sharing login details is strictly prohibited. You are responsible for keeping your username and password secure, and for ensuring that unauthorised individuals do not gain access.

SERVER CONTENT

NexByte does not allow any of the following content to be stored on its servers:

Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.

Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of NexByte.

Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also, includes any sites which provide "links to" or "how to" information about such material.

Gaming websites - Includes pirated software, software downloads etc., and encrypting of any of the above.

HIGH RESOURCE USAGE POLICY

Resources are defined as bandwidth and/or processor utilisation. NexByte may implement the following policy to its sole discretion:

When a website is found to be monopolising the resources available NexByte reserves the right to suspend that site immediately. Where possible we will move this to a spare dedicated server, however, we will contact you to renegotiate terms if this is the case. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers and to protect our other customers.

PAYMENT POLICIES

All accounts are set up on a prepay basis. Although NexByte/NexMedia reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due each anniversary year or month following the date the account was established. Customers will automatically be invoiced 30 days prior to the end of their prepay period unless closure notification has already been given (30 days prior to the renewal date).

Should a pre-pay account goes more than two days overdue we reserve the right to suspend service pending payment. NexByte also reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request to our registered office.

If you require a restore of your website data for your own records from our backup archive due to account suspension there will be a restore charge of £120+VAT. If however payment is made and the service is to continue we will restore your service free of charge. Backups of your site data will only be held for 60 days following suspension of services.

All payments are in UK sterling.

PAYMENT OPTIONS

Fast Pay/BACS: This our preferred payment method - the details will be included on your invoice. If you pay by BACS please ensure that you make payment at least 3 working days prior to your renewal date to avoid termination of services.

Credit/Debit Cards: NexByte accepts MasterCard, Visa (not Visa electron), Switch and Solo.

Cheque Payment: NexByte cannot guarantee that a service will be provided until any received cheques have been cleared - please make sure we receive any cheque payments at least 5 working days prior to your renewal date to avoid termination of services.

Standing Order: For any rented systems paid monthly or annually.

CANCELLATION AND REFUNDS

Cancellation of services must be given in writing one month prior to the next renewal date. The renewal date will be stated on your previous invoice and it is your responsibility to send us written notice 30 days prior to the renewal date. Should we not receive written notice we will renew your contract and you will be liable for the full amount. No refunds will be given unless the cancellation falls within the terms of NexByte's Money Back Guarantee (see below).

No refunds will be provided on any pre-pay package renewal cancelled after the renewal date on the invoice.

NexByte reserves the right to cancel the service at any time. In this event, customers will be entitled to a pro rata refund based upon the remaining period of service. If a customer contravenes NexByte's terms of service a refund will not be issued in the event of a cancellation.

INDEMNIFICATION

The Client agrees to fully indemnify, defend, and hold harmless Nexmedia Limited (also trading as Nexbyte), its directors, employees, contractors, and agents, from and against any and all claims, liabilities, damages, losses, expenses, or costs (including but not limited to legal fees and expenses) arising from:

Any material, data, or content supplied by the Client infringing or allegedly infringing upon the intellectual property rights, copyrights, trademarks, or proprietary rights of any third party;
Any breach of these Terms and Conditions by the Client or their agents;
Any claim or action brought against Nexmedia due to the Client’s failure to obtain necessary permissions or licences for use of third-party materials;
Any misuse or unauthorised modification of the website by the Client or its users;
Any failure by the Client to comply with applicable laws, regulations, or industry standards;
Any breach of data protection obligations resulting from instructions or content provided by the Client.

This indemnity shall survive the termination or completion of the project and remain in full force and effect.

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