Terms of Service

Version: 1.0 · Effective: March 24, 2026 · Jurisdiction: Maharashtra, India

1. Introduction & Acceptance

Welcome to GoNexel ("Company," "we," "us," "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," "your") and GoNexel, governing your access to and use of our services, website, and all related platforms.

By engaging with GoNexel services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.

2. Services Offered

GoNexel provides comprehensive digital agency services, including but not limited to:

• Web design & development
• Mobile application development
• Digital marketing & SEO
• UI/UX design
• Custom software solutions
• Strategy & consulting services

2.1 Service Customisation

All services are tailored to individual client requirements. Pricing varies based on project scope, complexity, and deliverables. A detailed Statement of Work (SOW) will be provided for each engagement before commencement.

2.2 Scope Changes

Any changes or additions to the agreed project scope require prior written approval from both parties. Scope changes may result in additional charges and timeline adjustments, which will be communicated in writing before implementation.

3. Pricing & Payment Terms

3.1 Pricing Model

3.2 Payment Details

• Currency: Indian Rupees (₹, INR)
• Preferred Method: Bank transfer (NEFT/RTGS/IMPS)
• Payment Terms: Net 15 — payment due within 15 days of invoice
• GST: 18% Goods and Services Tax applicable on all invoices, as per Indian tax law

3.3 Late Payment

Late payments are subject to an interest charge of 1.5% per month (18% per annum) on the outstanding balance. Services may be suspended if payment remains overdue beyond 30 days. All outstanding invoices must be settled before new work can commence.

4. Refunds & Cancellation

4.1 Refund Policy

• Refund Period: 30 days from service commencement
• Refund Type: Full refund (condition-based) for eligible requests
• Eligibility: Refunds apply only if services have not commenced or minimal work (less than 10%) has been completed

4.2 Non-Refundable Items

• Setup and onboarding fees
• Consulting services (strategy sessions, audits, planning meetings)
• Custom development work (once work exceeds 10% completion)
• Design concepts (after client approval)
• Third-party tool licences purchased on the Client's behalf

4.3 Cancellation

• Notice Period: 30 days written notice required
• Early Termination: Remaining contract value is payable upon early termination
• Ongoing Projects: Payment for completed work is due immediately upon cancellation

For the complete refund process and special circumstances, please refer to our Refund Policy.

5. Intellectual Property Rights

5.1 Tiered Ownership Model

5.2 Templates & Proprietary Tools

GoNexel retains ownership of all proprietary templates, frameworks, libraries, and pre-built components. Clients receive a non-exclusive, non-transferable licence to use these assets within their project. Clients may not resell, redistribute, or sublicense these assets.

5.3 Client Content

The Client retains full ownership of all content provided to GoNexel (text, images, videos, documents). GoNexel has the right to use client content solely for project delivery. The Client grants GoNexel permission to feature completed work in our portfolio, unless the project is designated as confidential.

5.4 Attribution

All deliverables must include GoNexel attribution (e.g., "Designed by GoNexel" or "Developed by GoNexel") in an agreed-upon location such as the footer or about page. Attribution removal requires written permission and may involve an additional fee.

For the complete IP framework, see our Intellectual Property Policy.

6. Support & Service Level Agreement

6.1 Support Hours

• Availability: Monday – Friday, 9:00 AM – 6:00 PM IST
• Emergency Support: 24/7 for critical service outages
• Channels: Email, live chat, phone, and support ticket system

6.2 Response Time Guarantees

6.3 Uptime Guarantee

GoNexel guarantees 99.99% service uptime, measured on a monthly basis. If uptime falls below this threshold, service credits will be issued in accordance with our Service Level Agreement. Maximum credit per incident: 10% of the monthly service fee.

7. Data Security & Privacy

• Encryption: SSL/TLS for data in transit; AES-256 for data at rest
• Backups: Daily automated backups with 24-hour recovery guarantee
• Data Retention: Active data retained while account is active; permanently deleted 90 days after account closure
• Certifications: Pursuing ISO 27001 (expected 2026); following ISO 27001 guidelines in the interim
• Breach Notification: Within 24 hours of detection, via email to registered contact
• Data Location: AWS Mumbai region, India — compliant with Indian data protection laws
• Employee Access: Restricted to specific roles; all employees sign NDAs and receive regular security training

For complete details, see our Data Security Policy and Privacy Policy.

8. Acceptable Use

Clients agree not to use GoNexel services for:

• Illegal activities or unlawful content
• Spam, phishing, or fraudulent schemes
• Hacking, malware distribution, or security attacks
• Copyright or trademark infringement
• Harassment, hate speech, or discrimination
• Adult content (unless explicitly agreed in writing)
• Gambling or betting platforms
• Pyramid schemes or MLM operations

Violations are subject to progressive enforcement: warning → temporary suspension → account termination → legal action. Full details in our Acceptable Use Policy.

9. Liability & Limitations

9.1 Liability Cap

GoNexel's maximum aggregate liability for all claims arising under these Terms is capped at the total service fees paid by the Client in the 12 months preceding the claim. This cap is non-negotiable and applies to all claims regardless of the legal theory.

9.2 Excluded Damages

GoNexel shall not be liable for indirect, incidental, consequential, or punitive damages, including but not limited to: lost profits, lost revenue, data loss or corruption, business interruption, or loss of goodwill.

9.3 Exceptions

The liability cap does not apply to: claims arising from intellectual property infringement, data breaches caused by GoNexel's gross negligence, or willful misconduct in violation of applicable law.

9.4 Disclaimer

Services are provided "AS IS" without warranties of any kind, express or implied. GoNexel does not guarantee specific results. Failures of third-party services integrated into the platform are not GoNexel's responsibility.

10. Confidentiality & NDA

Both parties agree to protect all confidential information shared during the engagement. Confidential information includes non-public business data, client information, technical specifications, and trade secrets.

• Duration: 3 years after service termination (trade secrets protected indefinitely)
• Scope: Mutual — both GoNexel and the Client are equally bound
• Permitted Disclosures: Employees (need-to-know basis), subcontractors (under NDA), legal authorities (if compelled by law)

See our full Confidentiality & NDA Agreement.

11. Dispute Resolution

11.1 Resolution Process

1. Negotiation (30 days): Parties attempt to resolve the dispute through direct, good-faith negotiation.
2. Mediation (30 days): If negotiation fails, both parties engage a neutral mediator to facilitate resolution.
3. Binding Arbitration: If mediation is unsuccessful, the dispute is submitted to binding arbitration under the Indian Arbitration and Conciliation Act, 1996. A single arbitrator is selected by mutual agreement, and the arbitrator's decision is final and binding.

11.2 Governing Law & Jurisdiction

• Applicable Law: Indian Contract Act, 1872
• Venue: Courts in Maharashtra, India have exclusive jurisdiction
• Legal Fees: Each party bears its own legal costs, unless the arbitrator awards fees to the prevailing party

12. Termination

• By Either Party: Either party may terminate with 30 days' written notice
• For Cause: Immediate termination is permitted in the event of a material breach
• Effect: Payment for all completed work is due immediately. Client data will be provided within 7 business days. All access credentials are revoked.

12.1 Surviving Provisions

The following sections survive termination of these Terms: Intellectual Property Rights, Confidentiality, Liability Limitations, and Governing Law.

13. GDPR & Regulatory Compliance

• GDPR (EU): Full compliance for EU customers. Data Processing Agreements available on request. Privacy by Design implemented across all services.
• CCPA (California): Consumer rights honoured — access, deletion, and opt-out mechanisms available in account settings.
• Cookies: Essential cookies require no consent. Analytics and marketing cookies require explicit opt-in consent.

Full details in our GDPR Compliance Policy.

14. Modifications to These Terms

GoNexel reserves the right to modify these Terms at any time. Material changes will be communicated via email with a minimum of 30 days' advance notice. Continued use of our services after the effective date of any changes constitutes acceptance of the updated Terms. If you disagree with any changes, you may terminate your engagement in accordance with Section 12.

15. Contact Information