Terms & Conditions,
Privacy & Cookies

1. Definitions

• “Client”, “you”, “your” refers to the person or business using our services.
• “Services” refers to any web design, hosting, domain registration, email, maintenance, or related services provided by us.
• “Agreement” refers to these Terms & Conditions, including the Privacy and Cookies Policy.

2. Payment & Fees

2.1 General Payments

• All fees will be set out in your quotation, agreement, or subscription plan.
• Payments must be made within 14 days of invoice unless otherwise stated.
• Failure to pay may result in suspension of services.

2.2 Hosting Payments

• Payments for Managed Web Hosting & Maintenance are collected automatically each month by credit or debit card via our website.
• For higher-value agreements, we may accept standing orders under special circumstances, but card payment via our website remains the standard method.

2.3 Payment and Account Management Notice for Web Hosting Packages

Billing cycle: All payments for our web hosting packages are to be made one month in advance. You will be billed on a monthly basis.

Payment responsibility: You must ensure your payment details are always up to date in your account to prevent any service interruptions.

Suspension policy — 7 days overdue: If your payment is not received within 7 days of the due date, your cPanel account will be suspended. This suspension affects your website and access to your email accounts. Incoming emails will still be received and safely stored on the server, but you will not be able to log in or access them until payment is made.

Deletion policy — 6 months overdue: If your payment remains overdue for 6 months, your account will be permanently deleted. This includes all associated data such as your website files and emails. Once deleted, this data cannot be recovered.

If you are experiencing financial difficulties, please let us know in advance. We will be happy to work with you and ensure your website and data are not deleted.

To ensure uninterrupted service and prevent data loss, please make timely payments and maintain up-to-date payment details in your account. If you have any questions or concerns regarding billing, please reach out to our support team.

3. Domains

• Each Managed Web Hosting & Maintenance package includes one domain name, purchased and legally owned by Nexar Web Services.
• You are licensed to use the included domain for the duration of your hosting agreement, provided all fees are paid in full.
• Any additional domains requested by you will be charged separately and billed alongside your hosting.
• Domains remain under our control unless transferred.
• If you wish to transfer a domain to another provider, a one-off transfer/release fee will apply. All outstanding invoices (including hosting, maintenance, and any additional domains) must be settled before a transfer will be processed.
• You are responsible for notifying us if you do not wish to renew any additional domains.
• You must ensure that any domain names requested do not infringe third-party rights or breach applicable law.

Domain Transfer & Release Fee

If your domain is held and legally owned by Nexar Web Services under your hosting agreement, and you request that it be transferred to another provider, a one-off release fee of £75 per domain will apply to cover the administrative process of preparing and releasing the domain (for example, updating the registrar tag or providing the transfer code).

All outstanding invoices (including hosting, maintenance, and any additional domains) must be settled before a transfer will be processed.

We will not unreasonably delay or block a transfer request and will act in line with Nominet and ICANN policies.

4. Managed Web Hosting & Maintenance

4.1 Requirement

All websites hosted by us require an active Managed Web Hosting & Maintenance subscription to remain live.

4.2 Moving to Another Host

• You may move your website elsewhere, but you will become solely responsible for uptime, SSL certificates, backups, domain renewals, and any associated costs.
• Nexar Web Services accepts no liability for downtime, data loss, or technical issues once the site has been moved.
• Licences provided under our package are only valid while hosting with us. If you move away, you will need to purchase your own licences. See 4.5 regarding handover and third-party licences.

4.3 Website Transfer & Export (Basic)

• We offer a straightforward export service to package up your website for use with another provider. A fixed fee of £150 applies.
• The export includes your website files and a MySQL database dump, combined into a single ZIP file and provided via a secure download link.
• Paid, non-transferable licences provided under your hosting plan with us (for example Elementor Pro, premium caching, or other paid plugins/themes) will be removed during packaging. These licences are included in your monthly fee while hosted with us and are not transferable.
• After the export is supplied, your new agency/provider is responsible for setting up the site on their hosting, installing any required paid licences, and completing configuration on their end.
• Nameservers: You (or your new agency/provider) will need to update the domain nameservers to point to the new host. If the domain is registered with us, we can update nameservers on request once all outstanding invoices are settled.

4.4 Hosting Environment

• All websites are hosted on a private UK-based virtual server with dedicated resources (currently 64 GB RAM and 16 CPU cores).
• Our hosting platform uses cPanel for website and email management.
• Security is provided by Imunify360, which includes advanced firewall protection, malware scanning, and real-time monitoring.
• While we take every reasonable step to provide a secure and stable hosting environment, we cannot guarantee uninterrupted uptime or absolute protection against all threats.

4.5 Third-Party Licences & Handover to Another Provider

If you use our hosting and maintenance services and your website was built by us, and you instruct us to hand over to another web design agency or business, all third-party paid tools we provided under your plan (for example Elementor Pro, premium caching, security, backup, forms, or other paid plugins/themes) are licensed to Nexar Web Services as part of your monthly fee and are not transferable.

When we package your website for export or transfer, we will remove our licence keys and, where required by vendor terms, remove the corresponding premium plugin/theme files from the copy we supply. The receiving provider must obtain their own licences. Until they do, any functionality or styling that depends on those paid items may cease to work or revert to free/basic equivalents.

Our own original code and configurations remain subject to Section 7 (Intellectual Property) and will be included in the package as applicable.

4.6 WordPress Repairs

Our standard WordPress repair rate is £55 per hour.

Repairs are provided at no additional charge for websites built by Nexar Web Services while you are on a Nexar managed hosting plan.

You can move your website to Nexar Web Services on a managed hosting plan starting from £27 per month, with WordPress fixes included as part of the transfer.

5. Website Development & Payments

5.1 Deposits

• All new website builds require a deposit before work will commence. The deposit amount will be confirmed in your quotation or agreement.

5.2 Completion & Balance

• Once the website has been completed to a standard agreed with you, and you confirm the website is finished, the remaining balance must be paid within 7 days unless otherwise agreed in writing.
• If the balance is not paid within this timeframe, the website will be taken offline until payment is received in full.

5.3 Hosting & Maintenance Setup

• A Managed Web Hosting & Maintenance plan must be set up at the same time the balance is paid.
• Depending on the method of payment, this may be bundled together with the final balance in one payment link (if paying via our website), or issued separately (for example, if paying by bank transfer).

6. Client Responsibilities

You agree to:

• Provide accurate and lawful content (text, images, video, etc.) for your website.
• Ensure you hold appropriate rights or licences for any content you supply.
• Keep your account login credentials secure and confidential.
• Comply with all applicable laws and regulations.

7. Intellectual Property

• All designs, code, and content created by us remain our property until full payment is received.
• Once paid in full, you are granted a licence to use the completed website for your business purposes.
• This licence is non-transferable and does not permit resale or redistribution of our work.

8. Eligibility

• You must be at least 18 years of age and legally capable of entering into a contract to use our services.

9. Limitation of Liability

• We are not liable for indirect or consequential losses, including lost profits, downtime, or data loss.
• We are not liable for service interruptions caused by factors beyond our reasonable control (such as internet outages, hardware failures, or third-party providers).
• Our total liability in respect of any claim is limited to the total fees paid by you in the 12 months preceding the claim.

10. Cancellation & Suspension

10.1 Client Cancellation

• You may cancel your website hosting and maintenance at any time by providing notice.
• Once cancelled, your website and email services will remain live until the end of the current billing period, unless you request that they be suspended immediately.
• No refunds are provided for unused portions of the billing period.

10.2 Suspension for Non-Payment

• If payments are missed, your website and email services will be suspended in accordance with Section 2.3 (Payment and Account Management Notice).
• Services will be reactivated once payment has been received, normally within one hour.

10.3 Our Right to Suspend

• We may suspend services immediately if you breach these Terms or use our services unlawfully.

11. Privacy Policy

11.1 Data Collection

We collect and store information provided by you when you contact us, request a quote, or use our services. This may include your name, email address, phone number, and business details.

11.2 How We Use Your Data

We use your information to:

• Provide and manage your services.
• Communicate with you regarding your account, invoices, and support.
• Set up accounts on your behalf (such as Google Ads, Google Business Profile, Analytics, or email systems) where requested.
• Send important updates relating to your services.

We will never sell your personal data to third parties.

11.3 Third-Party Accounts

We may share limited information only when necessary to set up accounts in your name on platforms you request (such as Google Ads or Google Business Profile). This is always done with your knowledge, and only the details required to create and manage the account are used.

11.4 Data Storage

Your data is stored securely on our systems. We take reasonable measures to prevent unauthorised access or disclosure.

11.5 Your Rights

You have the right to:

• Request a copy of the personal data we hold on you.
• Request corrections or deletion of your data where legally permissible.
• Withdraw consent for marketing communications.

12. Cookies Policy

Manage cookie choices

Cookie choices are saved for 180 days. Optional analytics only starts after you allow it. Google form protection is required when using our enquiry forms.

12.1 What Are Cookies?

Cookies are small text files stored on your device when you visit our website. They help improve functionality and provide us with analytics about site usage.

12.2 How We Use Cookies

We use cookies to:

• Remember user preferences.
• Improve website performance and functionality.
• Monitor site usage through analytics tools (such as Google Analytics).

12.3 Managing Cookies

You can control or delete cookies through your browser settings. Please note that disabling cookies may affect website functionality.

13. Amendments

We may update these Terms, Privacy Policy, and Cookies Policy from time to time. The latest version will always be available on our website. Continued use of our services indicates acceptance of the updated terms.