Terms and conditions

These General Terms and Conditions of Contract (hereinafter referred to as the “Conditions”) govern the provision of all-inclusive digital marketing services and products on a subscription basis (hereinafter referred to as the “Plan”) and additional related digital services and products, identified by the parties without distinction of legal nature and purpose (hereinafter referred to as the “Users”) interested in the online proposal (hereinafter referred to as the “Order Form”), an electronic form used for purchases on the website www.nexiant.ch (hereinafter referred to as the “Site”), and apply to the contractual relationship between NEXIANT (hereinafter referred to as “Nexiant”) and the legal entity (represented by its authorized representative) or individual or association acting for its own professional and business purposes (hereinafter referred to as the “Customer”) who accepts the Conditions by activating the Plan. All purchase contracts concluded through the Site shall be governed by these Conditions, which, together with communications via email and any other contractual elements that may be referred to and/or attached, shall constitute the definition of the contractual relationship between the parties hereinafter referred to as the “Contract.” The use of services included in the Plans implies the Customer’s acceptance of these General Conditions as stated herein.

Art. 1. Subject of the Contract 

1.1 The subject of the Contract is the provision of digital services and products to the Customer by Nexiant on an all-inclusive basis, according to the characteristics, descriptions, technical specifications, and fees of the chosen Plan, as thoroughly documented in the Conditions, the Order Form, email communications, or the Site and related web addresses, all of which are integral parts of the Contract.

1.2 The Services provided by Nexiant and the digital products made available to the Customer, in accordance with the activated Plan and its respective predetermined period, include: hosting space; domains; Google ads; advertising campaigns; SEO optimization; SEO positioning; Google Maps; management of user reviews and ratings; social media and advertising management on Facebook, LinkedIn, Instagram; social media accounts (e.g., Facebook, Instagram, LinkedIn); graphics; copywriting; websites; reporting on activities performed; landing pages; analysis and monitoring of results; result optimization; and other related digital services and products.

1.3 Nexiant undertakes to describe and present the Plans, as well as the related digital services and products, to the best of its abilities. Nevertheless, the Plans are customized based on what Nexiant deems necessary to achieve the Customer’s objectives, and therefore, some differences may arise between the digital services and products described on the Site and those actually provided. The Plans presented on the Site are not contractual elements but are merely representative.

Art. 2. Conclusion and Effectiveness of the Contract 

The request to activate the Plan is made by the Customer through the Website by completing and submitting the Order Form. This form includes the details of the ordering party and order, the validity period and price of the purchased Plan, the payment terms and methods, and the acceptance of these Terms and Conditions and the processing of personal data. The Contract is considered concluded upon Nexiant’s actual receipt of the payment made by the Customer. Once Nexiant receives the Customer’s order, it sends a confirmation email of the Plan activation and proceeds to charge the corresponding fee. The Conditions will not be effective between the parties if the aforementioned requirements are not met. The Contract is valid and effective from the date of its conclusion and has a duration equal to the validity period of the chosen plan (monthly for monthly plans, semi-annually for semi-annual plans, or annually for annual plans) and will be automatically renewed for an equal period until terminated according to the methods and deadlines indicated in this Contract. Nexiant reserves the right to deny activation or immediately suspend the Plan if the Customer fails to comply with Nexiant by denying authorization for the Plan’s cost to be charged and/or if there are technical-organizational obstacles.

Art. 3 Payment and Payment Terms

In order to avail themselves of the supply of services and digital products included in the Plans, the Customer is required to make the payment in advance of the subscription fee for the chosen billing period (monthly, semi-annual, or annual), using the methods indicated and as communicated via email or specified in the Order Form on the Website. The first payment is made in accordance with the chosen billing period at the time of subscription. Subsequent subscription renewals occur automatically, according to the chosen validity period: monthly (on the first day of each month), semi-annually (on the first day of the month every six months), or annually (on the same day as the activation of the following year). The prices of Nexiant’s services and digital products include VAT, if applicable. The Website uses third-party tools for payment processing with the payment information provided by the Customer (credit card number, IBAN) during the subscription to the Plan. If these third-party tools deny authorization for payment, Nexiant will not be able to provide the services and digital products included in the Plan, and it will not be responsible for any delays or damages arising from this. By activating the Plan, the Customer expressly authorizes Nexiant to automatically debit recurring payments as subscription fees (“Automatic Renewal”) and to debit the advertising budget on the provided payment method (credit card or bank account) during the activation of the plan. The Customer also authorizes Nexiant to debit the same payment method (credit card or bank account) for the cost of any additional services included in the plan that were previously agreed upon and accepted via email. The Automatic Renewal entails that, upon the expiration of the billing period indicated in the Order Form, the amount corresponding to the subscription fee will be charged to the Customer through the selected payment method (credit card or bank account), thereby continuing the provision and online maintenance of the services and digital products included in the chosen Plan. In the event of total or partial non-compliance by the Customer with the payment obligations, Nexiant may suspend the provision of Nexiant services and digital products, and it will not be held responsible for any damages or losses resulting from this, as indicated in clause 6 of these Terms. Nexiant has the right to modify the Terms, the features of the services included in the Plans, and the predetermined compensation at any time. Nexiant will inform directly on the Website about any changes that occur. The modifications to the Terms will automatically be valid and effective from the moment of their publication on the Website and will be deemed accepted by the User who uses the Website and associated services. The Customer acknowledges and accepts that it is their responsibility to periodically check the Website page that contains the Terms in order to verify the presence of any updates.

Art. 4 Termination and Withdrawal

The Automatic Renewal of the Plan can be deactivated by the Customer at any time by terminating this Agreement through written communication to be sent at least 30 days before the expiration date of the active Plan to the email address: info@nexiant.ch. In the event of termination or withdrawal, the Customer will not be entitled to a refund of the subscription fee paid prior to the effective resolution of the Contract. For technical reasons related to the timing of deactivating the services and digital products included in the Plan, the Customer understands and accepts that the withdrawal will take effect 30 days after the date of receipt of the aforementioned communication. The Customer has the right to avail themselves of the services for the entire duration of the plan, i.e., until the end of the paid period. If the Customer wishes to terminate the services before the end date of the plan, they can request it from Nexiant via email with at least 3 business days’ notice. The procedure for deactivating the services takes place within 72 working hours immediately prior to the suspension date, and until the completion of the aforementioned procedure, variations, malfunctions, or anomalies may occur in the services for which Nexiant cannot be held responsible, as indicated in clause 6 of these Terms. Nexiant reserves the right to modify or discontinue the services included in the Plan with immediate effect at any time for technical or organizational reasons, and it will not be held responsible for any damages or losses resulting from this, as indicated in clause 6 of these Terms.

Art. 5 Warranty Exclusion

Nexiant will make every effort to ensure that the services included in the Plan are available uninterrupted 24 hours a day, but it cannot be held responsible in any way if, for any reason, they are not available at any time or for any period. The services and digital products included in the Plan may be temporarily suspended without notice in the event of system failures, maintenance, repairs, or for reasons entirely beyond the control of Nexiant, due to technical or organizational obstacles or force majeure events. Nexiant is not liable for any anomalies that may occur during testing campaigns, service activation or deactivation procedures, or changes made by platforms (such as Google) over which it has no control. Nexiant does not provide any explicit or implicit warranty regarding the results derived from the activation of the services or digital products included in the Plans.

Art. 6 Limitation of Liability

Due to the specific structure of the Internet network, in which many entities are involved, no guarantee can be provided regarding the constant availability of the services. In no event shall Nexiant be held liable for the non-performance or delayed performance of its obligations due to technical or organizational obstacles, circumstances beyond its control or the control of its subcontractors, force majeure events, or unforeseen and unpredictable events beyond its control, including, but not limited to, failures or interruptions in power lines, the Internet network and/or other transmission tools, unavailability of websites, platforms, strikes, natural events, viruses, and cyber-attacks, malfunctions or interruptions of third-party applications or platforms. The performance of Nexiant’s obligations shall be suspended for the duration of force majeure events. In no event shall Nexiant, nor any other party involved in the creation, production, or provision of the services and digital products included in the Plans, be held liable for any direct or indirect, incidental, special, or consequential damages of any nature, whether contractual or non-contractual, arising from the activation, use, or deactivation of the services and digital products included in the Plans and/or the interruption of the services and digital products included in the Plans for technical or organizational reasons. Nexiant shall not be liable for damages, losses, and costs incurred by the Customer as a result of non-performance of the contract for reasons beyond the Customer’s control or due to technical or organizational obstacles; any loss of business opportunities and any other losses, including indirect losses, suffered by the Customer (including, but not limited to, business losses, loss of revenue, income, profits, or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.); anomalies during testing campaigns, service activation or deactivation procedures; incorrect or inappropriate use of the services and/or digital products included in the Plans by the Customer or third parties; the issuance of incorrect tax documents due to errors in the data provided by the Customer, as the Customer is solely responsible for the correct input. No claim for damages may be made against Nexiant for direct and/or indirect damages caused by the use, non-use, or interruption of the services or digital products included in the Plans for technical or organizational reasons, circumstances beyond its control, or force majeure events. Nexiant assumes no responsibility for any fraudulent and illegal use that third parties may make of payment methods if it can demonstrate that it has taken all possible precautions based on the best scientific knowledge and experience at the time and with ordinary diligence. The Customer acknowledges having carefully reviewed the technical characteristics of the services and digital products included in the Plans, uses them assuming full responsibility for their actions, and agrees to release Nexiant (as well as its controlled or affiliated companies, its representatives, employees, consultants, administrators, agents, licensees, partners, and employees) from any liability in case of claims, legal actions, administrative actions, losses, or damages, including legal fees and expenses, arising from the Customer’s illegal use of the services or the content of information conveyed through Nexiant’s services and digital products, for which the Customer is civilly and criminally responsible.

Art. 7 Communications and Customer Support

All communications regarding the Contract, any reports, and requests should be sent via email to info@nexiant.ch. The Customer must notify Nexiant in writing of any changes to their identifying information, particularly regarding residence and/or domicile and/or legal headquarters and/or other billing addresses. All communications sent by Nexiant to the last address provided by the Customer shall be deemed as known by the Customer. In its efforts to improve or modify its services, Nexiant reserves the right to add or remove functionalities or features of the services or digital products included in the Plans, periodically make changes to these Terms and Conditions and the corresponding fees, and notify the Customer of such changes via email or by publishing them on the website. If such changes and/or modifications result in increased costs for the Customer, the Customer may prevent the renewal of the Contract. The renewal of the Plans by the Customer after the publication of the service and/or Conditions and/or tariff modification notice on the website shall be considered as acceptance of the same.

Art. 8 Copyright

Nexiant declares itself to be the owner and licensee of all intellectual property rights related to or concerning the website and/or the materials and contents available on the website. These Terms and Conditions do not grant the user any license to use the website and/or individual contents and/or materials available on it, unless otherwise specified. All trademarks, figurative or verbal, and all other signs, trade names, service marks, denominative marks, commercial names, illustrations, images, and logos appearing on the website are and remain the property of Nexiant or its licensors, and are protected by applicable trademark laws and related international treaties. Where the provision of digital products and/or computer media and/or any other accessories is included in the Plans, the related intellectual property rights shall remain the exclusive property of Nexiant. The Customer may not (unless expressly authorized by Nexiant): reproduce, duplicate, or allow others to reproduce or duplicate the content of the aforementioned digital products in whole or in part; allow their use or management by third parties. The accounts, campaigns, websites, and domains owned by Nexiant, as well as all the digital products included in the Plans, are tools owned by Nexiant made available to the Customer for the entire duration of the contract, and in the event of termination or resolution of the Contract, they will not be transferred to the Customer or any third parties, unless authorized by Nexiant. Any reproductions in any form of explanatory texts and contents of the website or digital products, if not authorized, will be considered violations of Nexiant’s intellectual and industrial property rights.

Art. 9 Privacy

Nexiant is committed to complying with the current legal provisions regarding the protection of its Customers’ data privacy. The privacy and cookie policy of the Website explains our data processing methods and privacy protection. The privacy and cookie policy are considered integral and substantial parts of these Terms and Conditions and can be accessed in the Privacy and Cookie sections of the Website: https://nexiant.ch/privacy https://nexiant.ch/cookie By accepting these Terms and Conditions, the Customer tacitly accepts both of these policies. The data acquired during the provision of services will be used solely for the purpose of providing the same services, will be kept strictly confidential, and will not be used or disclosed for any purpose other than that strictly related to the provision of services without the prior written consent of the Customer. Nexiant undertakes and obliges itself to take every appropriate precaution to prevent indiscriminate access to and disclosure of the Customer’s personal data.

Art. 10 Jurisdiction

These Terms and Conditions, as well as any disputes concerning their execution, interpretation, and validity, are subject to the law and the exclusive jurisdiction of the court located at Nexiant’s registered office.

Art. 11 Reference to statutory provisions

For anything not expressly provided for in this Contract, the applicable statutory provisions shall apply. If any provision of these Terms and Conditions is found to be invalid, it shall not be considered as part of the Terms and this shall not affect the remaining provisions, which shall continue to be valid to the fullest extent permitted by law. The Customer declares to have read this Contract and to accept its contents in its entirety. Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the Customer expressly declares to have read, understood, and accepted the following articles: Art. 1 Subject of the contract – Art. 2 Conclusion and effectiveness of the Contract – Art. 3 Consideration and payment conditions – Art. 4 Termination and withdrawal – Art. 5 Warranty exclusion – Art. 6 Limitation of liability – Art. 7 Communications and customer support – Art. 8 Copyright – Art. 9 Privacy – Art. 10 Jurisdiction – Art. 11 Reference to statutory provisions.