1. Use of the Website
Nexadaya provides nexadaya.com for information, communication, quotation requests, and access to our services. You may use this website only for lawful purposes and in accordance with these Terms & Conditions.
If you do not agree with these terms, please stop using the website and do not order our services.
2. Scope of Services
Our services may include website and web application development, UI/UX design, API and cloud solutions, video production, animation, live streaming, event media, and other related services stated on this website or in a written proposal.
The final scope, deliverables, schedule, revision allowance, technical requirements, and price for each project will be stated in the accepted quotation, proposal, or other written agreement.
3. Quotations and Orders
Information and prices displayed on the website are general references and do not constitute a binding offer. An order is confirmed after Nexadaya accepts the project in writing and any required down payment has been received.
We may decline or cancel a request if the scope is unlawful, technically unsafe, outside our capabilities, conflicts with another commitment, or contains an obvious pricing or information error. Any funds already received for a declined order will be handled according to the cancellation and refund section below.
4. Pricing and Payment
Unless stated otherwise in a written quotation, the payment schedule is 50% before work begins and 50% after project completion or before final deliverables are handed over. Prices, taxes, transaction fees, and payment deadlines follow the accepted quotation or invoice.
Payments may be made by bank transfer, e-wallet, QRIS, or another method made available at checkout. We may suspend work or delivery while an invoice is overdue.
5. Payment Processing by Midtrans
Online payment transactions may be processed by Midtrans and its participating payment channels. When you choose one of these methods, relevant transaction data will be sent securely to Midtrans or the selected payment provider to process and verify your payment.
Your use of a third-party payment channel is also subject to that provider’s terms and privacy policy. A payment is considered successful only after Nexadaya receives a valid confirmation from the payment system. We do not store complete card credentials on this website.
6. Client Responsibilities
You agree to provide accurate, complete, and timely information needed to perform the project. You are responsible for:
- Providing content, brand assets, access credentials, approvals, and feedback according to the agreed schedule.
- Ensuring that all materials you provide may legally be used, copied, modified, published, or distributed for the project.
- Reviewing deliverables and reporting errors or requested revisions within the review period stated in the proposal.
- Maintaining backups and securing accounts or systems handed over to you after delivery.
7. Timeline and Project Changes
Project dates are estimates unless expressly agreed as fixed deadlines. Delays in materials, access, approval, payment, or feedback from you may move the schedule accordingly.
Requests outside the agreed scope, including additional features or revisions, may require a change in price and timeline. We will seek your approval before performing chargeable additional work.
8. Delivery and Acceptance
Deliverables will be provided using the method agreed for the project. You must inspect them within the agreed review period and notify us of any material mismatch with the approved scope.
A deliverable is considered accepted when you approve it in writing, use or publish it, or do not report a material mismatch within the stated review period. Minor issues that do not prevent normal use will be handled through the agreed support or revision process.
9. Cancellation and Refunds
Cancellation and refund eligibility are assessed against the accepted proposal, work already completed, resources reserved, licenses purchased, and non-refundable third-party costs. Unless a written agreement states otherwise, a down payment is not automatically refundable after work has begun.
If Nexadaya cancels a project for reasons not caused by your breach, we will refund the portion paid for work that has not been performed, after deducting any approved or non-refundable third-party costs. Refund processing time may depend on the original payment channel.
10. Intellectual Property
Nexadaya retains ownership of its pre-existing tools, methods, templates, code libraries, know-how, and other reusable materials. After full payment, you receive the ownership or usage rights to the final project deliverables described in the written agreement, subject to any third-party licenses.
Unless confidentiality terms or a written agreement prohibit it, Nexadaya may identify you as a client and display non-confidential final work in its portfolio. You may request a different arrangement in writing before the project begins.
11. Third-Party Services
A project may rely on third-party products or services such as hosting, domains, fonts, stock assets, APIs, payment gateways, social platforms, or software licenses. Their availability, pricing, security, and policies are controlled by their respective providers.
Unless expressly included in our proposal, third-party subscriptions, renewals, and compliance obligations are your responsibility. We are not responsible for outages or changes caused solely by a third-party provider, but we will provide reasonable assistance within the agreed support scope.
12. Confidentiality
Each party will use reasonable care to protect non-public business, technical, and commercial information received for the project and will use it only to perform or receive the services. This obligation does not cover information that is public through no breach, already lawfully known, independently developed, or required to be disclosed by law.
13. Personal Data and Electronic Communications
We use the information you provide to respond to inquiries, prepare quotations, perform services, process payments, maintain records, and meet legal obligations. We do not sell your personal information.
You agree that we may contact you electronically about your inquiry, order, payment, project status, service notices, or changes to these terms. Promotional communication, if any, will provide a reasonable way to opt out.
14. Prohibited Use
You must not use this website or our services to:
- Break applicable law, infringe intellectual property or privacy rights, or distribute unlawful or harmful material.
- Introduce malware, probe security, disrupt infrastructure, scrape abusively, or attempt unauthorized access.
- Misrepresent your identity, payment authority, ownership of submitted materials, or affiliation with another person or entity.
- Resell, reverse engineer, or exploit Nexadaya’s protected materials except where expressly permitted in writing or by law.
15. Warranties and Limitation of Liability
We will perform our services with reasonable care and skill in accordance with the agreed scope. Except for express commitments in a written agreement, the website and services are provided on an “as available” basis, and we do not guarantee uninterrupted operation, a particular commercial result, or compatibility with every third-party change.
To the extent permitted by law, Nexadaya is not liable for indirect, incidental, special, or consequential losses, including loss of profit, revenue, data, or business opportunity. Our total liability relating to a project will not exceed the amount you paid Nexadaya for that project during the twelve months before the event giving rise to the claim. Nothing in these terms excludes liability that cannot legally be excluded.
16. Indemnity
You agree to be responsible for third-party claims, losses, or reasonable costs arising from materials or instructions you provide, your unlawful use of the website or deliverables, or your material breach of these terms, except to the extent caused by Nexadaya’s own breach or negligence.
17. Force Majeure
Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disasters, widespread internet or power outages, government action, civil disturbance, epidemic, or failure of critical third-party infrastructure. The affected party will notify the other and make reasonable efforts to resume performance.
18. Changes to These Terms
We may update this website and these Terms & Conditions when our services, payment methods, or legal requirements change. The latest version and effective date will be published on this page. Changes do not retroactively alter a signed project agreement unless both parties agree in writing.
19. Governing Law, Disputes, and Contact
These Terms & Conditions are governed by the laws of the Republic of Indonesia. The parties will first attempt to resolve a dispute in good faith through discussion. If no resolution is reached, the dispute will be handled through the competent court in Indonesia, unless another process is required by law or agreed in writing.
Questions, complaints, or requests relating to these terms may be sent to [email protected] or through the Contact page on this website.