Who we are

"NX Digital" and "Nex Digital" are operating brands within the NX Digital Holdings Ltd. group. Canadian client agreements, invoicing, and HST are handled by NEX Digital Solutions Inc., a federal Canadian corporation based in London, Ontario. Software products are operated by 1CLK LLC, a Florida limited liability company. References to "we" or "us" mean the operating entity that signs your project agreement.

Project work

Each project starts with a written quote and statement of work. Once signed, scope and price are fixed. Changes outside that scope are billed hourly at our standard rate or quoted as a separate change order, your choice.

We typically require 50% upfront and 50% on launch. Larger projects may be milestone-billed. Projects paused by the client for more than 30 days may be re-scoped or invoiced for work completed.

Hosting and care plans

Hosting is billed monthly or annually in advance. Care-plan time blocks (30 or 120 minutes per month) do not roll over. If a site we host suffers downtime caused by us, we credit a pro-rated amount of the affected period; downtime caused by upstream providers, the public internet, DNS misconfiguration on your end, or DDoS attacks is excluded.

Cancellation requires 30 days' notice. After cancellation we provide a full backup of your site and data; we retain a copy for 30 days then permanently delete it.

Marketing and ad retainers

The first 90 days of any retainer are non-cancellable so we can build the foundation. After that, retainers are month-to-month with 30 days' notice. Ad spend is paid by you directly to the platform and does not pass through us.

Ownership and licensing

On final payment, you own the final deliverables, design files, copy, code, assets, for the agreed scope. Pre-existing tools we use (frameworks, CMS plugins, our internal templates, NX CRM) remain ours and are licensed to you for ongoing use of the deliverable. We retain the right to display the work in our portfolio unless you ask in writing for it not to be shown.

Confidentiality

We treat anything you share that is not public, financials, customer lists, internal strategy, as confidential. We will not disclose it without your permission. We reserve the right to mention publicly that you are a client unless you ask us not to.

Liability

Our total liability for any claim is capped at the fees you have paid us in the prior 12 months. We are not liable for indirect, consequential, or lost-profit damages. This cap does not apply to gross negligence, willful misconduct, or fraud.

Governing law

These terms are governed by the laws of the Province of Ontario, Canada (or, where 1CLK LLC is the contracting entity, the State of Florida). Any dispute will be resolved in the courts of London, Ontario, or where applicable, the courts of Hillsborough County, Florida.

Changes

We may update these terms. Material changes will be flagged on the homepage for at least 30 days before taking effect for existing clients. Continued use of our services after the effective date constitutes acceptance.

Contact

Questions? Email hi@nxdigital.ca or write to NX Digital, 339 Wellington Rd, Unit 235, London, ON.