Terms & Conditions

Agreement to these terms

These Terms and Conditions ("Terms") govern your access to and use of the NextDigital Growth website at nextdigital.it ("Site") and any services you purchase or engage from NextDigital Growth ("NextDigital", "we", "us" or "our").

By accessing the Site, booking a consultation, or entering into a service agreement with us, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree, please do not use our Site or services.

These Terms should be read alongside our Privacy Policy and Cookie Policy, which are incorporated by reference.

Our services

NextDigital provides digital marketing and growth services to businesses, including but not limited to:

• Proprietary lead generation — building and operating automated outbound systems to source, verify and deliver qualified leads.
• Paid advertising management — strategy, setup and ongoing optimisation of campaigns across Google Ads, Meta (Facebook and Instagram) and other paid channels.
• Content creation — content strategy, photo and video production, visual asset design and copywriting for social media and digital channels.
• Conversion funnels — design and development of landing pages, chat-based booking flows and conversion optimisation programmes.
• Email marketing — list management, automated flow setup, newsletter creation and deliverability optimisation.
• End-to-end analytics — unified tracking implementation, performance dashboard creation, conversion analysis and growth reporting.

Eligibility

Our services are intended for businesses and professionals. By using our Site or engaging our services, you represent that you are at least 18 years of age, have the legal capacity to enter into binding agreements, and are acting on behalf of a legitimately operating business entity where applicable.

Service agreements and scope

Specific services, deliverables, timelines and fees are agreed in a separate service agreement, proposal or statement of work ("SOW") signed between the parties. In the event of any conflict between these Terms and a signed SOW, the SOW takes precedence for the matters it specifically addresses.

We reserve the right to decline or discontinue services to any prospective or existing client at our discretion.

Fees, payment and billing

All fees are stated in US Dollars (USD) unless otherwise specified in your service agreement. The following billing terms apply unless varied in writing:

• Retainer services are billed monthly in advance, due within 7 days of invoice date.
• Project-based engagements are invoiced per milestones agreed in the SOW.
• A non-refundable onboarding fee may apply and is stated in your service agreement.
• Late payments may incur interest at 1.5% per month (or the maximum rate permitted by law, whichever is lower) from the due date.
• We reserve the right to suspend services where an invoice remains unpaid for more than 14 days after the due date, without prejudice to any other remedy.
• All fees are exclusive of value-added tax (VAT) or other applicable taxes, which will be added to invoices where required by law.

Client responsibilities

To enable us to deliver our services effectively, you agree to:

• Provide accurate, complete and timely information, materials, access credentials and approvals we reasonably request.
• Ensure that any content, data, trademarks or assets you provide to us do not infringe the intellectual property or other rights of any third party.
• Maintain active accounts and permissions on advertising platforms and tools required for service delivery (e.g. Meta Business Manager, Google Ads, CRM platforms).
• Comply with all applicable laws, platform terms of service and advertising standards in connection with the use of our outputs.
• Appoint a designated point of contact with authority to provide timely instructions and approvals.
• Notify us promptly of any changes to your business, offer, target audience or compliance requirements that may affect service delivery.

Intellectual property

Ownership of creative and strategic outputs produced specifically for you ("Client Deliverables") transfers to you upon receipt of full payment for the relevant services.

We retain ownership of all methodologies, frameworks, tools, templates, pre-existing materials, software, internal processes and know-how developed independently of your engagement ("NextDigital IP"). No transfer of NextDigital IP is implied by these Terms or any service agreement.

You grant us a non-exclusive, royalty-free licence to use your brand assets (logos, trademarks, content) solely for the purpose of delivering the agreed services.

We may reference your company name and the nature of the engagement in our portfolio, case studies and marketing materials unless you request otherwise in writing.

Confidentiality

Each party ("Receiving Party") agrees to keep confidential all non-public information disclosed by the other party ("Disclosing Party") that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure ("Confidential Information").

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) was rightfully known to the Receiving Party before disclosure; (c) is rightfully received from a third party without restriction; or (d) is required to be disclosed by law or court order, provided the Receiving Party gives prior written notice where legally permitted.

Confidentiality obligations survive the termination of this agreement for a period of 3 years.

Data and third-party platforms

Where we process personal data on your behalf — for example, when uploading customer lists to advertising platforms or configuring server-side tracking — we act as a data processor and you act as the data controller. You are responsible for ensuring that you have the lawful basis to share such data with us and for use in the agreed manner.

Our use of third-party platforms and tools (including Meta, Google, WhatsApp Business API, Clay, Apollo, Instantly, Klaviyo and others) is subject to those platforms' own terms of service and acceptable use policies. We are not liable for changes to those platforms' features, policies or pricing.

Results and performance

We apply industry best practices, proprietary systems and continuous optimisation to deliver strong results. However, marketing outcomes depend on many factors outside our control, including market conditions, platform algorithm changes, your product-market fit, pricing and sales team performance.

We do not guarantee specific results such as a fixed number of leads, a minimum return on ad spend or a particular revenue figure unless expressly committed to in a signed performance agreement. Any projections or estimates provided are illustrative only.

Limitation of liability

To the fullest extent permitted by applicable law:

• Our total aggregate liability to you for any claim arising out of or in connection with these Terms or any service agreement — whether in contract, tort, statute or otherwise — shall not exceed the total fees paid by you to us in the three months preceding the claim.
• We shall not be liable for any indirect, consequential, incidental, special or punitive damages, including loss of revenue, loss of profit, loss of data, loss of business or reputational harm, even if we have been advised of the possibility of such damages.
• We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including platform outages, algorithm changes by third-party advertising networks, acts of government, natural disasters or telecommunications failures.

Indemnification

You agree to indemnify, defend and hold harmless NextDigital Growth and its officers, employees and contractors from any claims, losses, liabilities, costs and expenses (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) your violation of any applicable law or third-party right; or (c) any content, data or materials you provide to us that infringe a third party's intellectual property or other rights.

Term and termination

Service agreements commence on the start date stated in the SOW and continue for the initial term specified. After the initial term, agreements renew on a rolling monthly basis unless either party provides written notice of termination at least 30 days before the next renewal date.

Either party may terminate the agreement immediately by written notice if the other party: (a) commits a material breach that remains uncured 14 days after written notice; (b) becomes insolvent, enters administration or ceases trading; or (c) engages in conduct that is illegal or materially harmful to the other party's reputation.

On termination, you remain liable for all fees accrued up to and including the termination date. We will provide you with all Client Deliverables completed and paid for. We are not obliged to provide partial deliverables or refund fees for incomplete work unless the termination is caused by our material breach.

Acceptable use

You agree not to use our Site or services to:

• Violate any applicable local, national or international law or regulation.
• Transmit any unsolicited commercial communications in breach of applicable anti-spam laws.
• Upload or process data that you do not have the lawful right to use.
• Engage in deceptive, fraudulent or misleading marketing practices.
• Attempt to gain unauthorised access to our systems or those of any third party.
• Conduct any activity that could damage, disable or impair our services or reputation.

Governing law and disputes

These Terms are governed by and construed in accordance with the laws of the United Arab Emirates, specifically the laws in force in the Emirate of Sharjah.

In the event of any dispute arising out of or in connection with these Terms, the parties agree to attempt to resolve the matter amicably through good-faith negotiation within 30 days of written notice of the dispute. If the dispute is not resolved within that period, it shall be referred to and finally resolved by the courts of Sharjah, UAE, which shall have exclusive jurisdiction.

Changes to these terms

We reserve the right to update these Terms at any time. We will notify you of material changes by posting the revised Terms on this page with an updated date. Your continued use of our Site or services after any change constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

Severability and entire agreement

If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

These Terms, together with any signed service agreement or SOW and our Privacy Policy and Cookie Policy, constitute the entire agreement between you and NextDigital with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals.

Contact us

If you have any questions about these Terms, please contact us:

• Email: info@nextdigital.it.com
• Address: NextDigital Growth, Al Zahia, Sharjah, United Arab Emirates