Purchase agreement

1. Who this agreement is between

This Purchase Agreement is between NXG Technologies, LLC, a Nevada limited liability company based in Las Vegas (“NXG”, “we”, “us”), and the business that places the order (“you”). It covers the website and monthly plan named in your order. Your order details (the site, the plan and the prices) are part of this agreement.

You confirm that you are buying for a business, not for personal, family or household use, and that the person placing the order is authorized to sign for the business.

Our terms and conditions, client dashboard terms, acceptable use policy, data processing terms and privacy notice at nxgtech.dev also apply. If any of them says something different from this agreement, this agreement wins for your order.

2. What you’re buying

A Standard site or a Signature site, as chosen in your order, built from one of our styles and made your own with your business details, your services and towns, and your own photos. What each includes is described on its service page at nxgtech.dev/services/ on the day you order (the “scope”).

A monthly plan (Hosting & Upkeep, the Google Profile Package or the Premium Package), as chosen in your order. Every site we host runs on a monthly plan.

Anything outside the scope is extra work. We will tell you its price in writing, and you approve it, before we do it. We decide in good faith what falls inside the scope.

3. Price and payment

You pay half of the site price (the deposit) by card when you order. The other half is due before your site goes live, and the site goes live only once it is paid in full.

Your monthly plan starts when your site goes live. It is billed to your card each month, month to month, at the price in your order. We may change a plan’s price for future months by giving you at least 30 days’ notice by email; you can cancel before the new price applies.

Prices don’t include any taxes. If a tax applies, you pay it.

If any amount is more than 15 days late, we may (a) pause work and your monthly plan, (b) take the site offline until it is paid, and (c) charge a late charge of 1.5% a month on the unpaid amount, or the most the law allows if that is less. You also pay our reasonable costs of collecting, including collection agency and attorney’s fees.

4. Card payments and disputes with your bank

You authorize us to charge the card you use for the deposit, the final payment and each monthly plan payment as described in this agreement. Card payments are processed by Stripe.

If you have a problem with a charge, you agree to contact us first and give us 15 days to fix it before disputing it with your card issuer. Disputing a charge for work we did or a service we provided is a breach of this agreement. If you do, you pay the disputed amount, any dispute fee our payment processor charges us, and our reasonable costs of answering the dispute, and we may suspend your site and services until it is resolved.

You agree that we may give your card issuer a copy of this agreement, your signature record and the records of the work we did, to answer a dispute.

5. What you provide

You provide the facts and materials for your site: your contractor license number and classification, the services and towns you want on it, your logo, photos of your own jobs, prices you want shown, and access to accounts we need (such as your domain or Google Business Profile). Our getting-started checklist in your dashboard lists them.

You confirm that you own or have permission to use everything you send us, and that the facts are true, including your license, insurance, bonding, prices, reviews and any claims about your work. We rely on what you provide and don’t have to check it, and we don’t publish claims we can’t confirm with you in writing.

If you don’t provide the materials we need within 60 days of your order, or don’t answer us for 30 days at any point, we may close your order. A closed order is treated as cancelled by you under “Cancelling”.

6. Timeline

We start building after we’ve confirmed the details with you by phone and received your deposit. A Standard site goes live within 14 days, and a Signature site within 21 days, of us receiving your photos and the facts we ask for, or your first month of your monthly plan is free. Time spent waiting on you for materials, answers, changes, approvals or payment doesn’t count.

A free first month is your only remedy for a late launch. Other dates we give are estimates.

7. Preview, changes and approval

Before launch we give you a preview of your site. You can ask for changes that keep to the scope, and we make them. Changes beyond the scope are extra work.

Love it before launch, or walk away. If, after the changes we make to your preview, you still don’t want the site, you can end your order by telling us in writing before you approve it and within the 14 days below. You then owe nothing more: the second half is never charged. The deposit is kept for the work done and isn’t refunded, the site isn’t published, and everything we created stays ours.

You approve the launch in your dashboard. If you don’t approve the preview or ask for changes within 14 days after we send it (or after we send an updated preview), the site is treated as approved, and the final payment is due.

8. Launch and final payment

When the site is approved, we send the final invoice. Your site goes live after it is paid.

If the final invoice isn’t paid within 30 days after approval, we may close your order. The deposit is kept for the work done, the site isn’t published, and everything we created stays ours.

9. Monthly plans

A monthly plan includes only what its service page lists. Other work is extra and quoted first.

Every task, every month, or that month is free. If in any month we don’t deliver a task your plan’s service page lists (for example a post, a profile update or the monthly report), tell us in writing within 30 days after that month ends and we refund that month’s plan payment. This doesn’t apply when the task was held up by you (for example while we wait on photos, answers, approvals or access), or to results we don’t control, such as rankings, traffic, calls, leads or uptime. A refund under this paragraph is your only remedy for a missed task.

You can cancel your monthly plan at any time by email or phone. Cancelling stops the next charge; the month you’ve paid for runs to its end, and payments already made aren’t refunded, except under the task promise above. If your site is paid in full, you keep it, and we’ll help you move it.

We may stop providing a monthly plan by giving you 30 days’ notice. If we do, we refund any payment for days after it ends and help you move your site.

10. Cancelling

If you cancel before we start building, or we can’t take on your project, we refund your deposit in full.

Once we have started building (your dashboard shows “Building”), the deposit is earned for the work done and isn’t refunded, and you don’t owe the other half.

We may cancel your order before launch for any reason. If we cancel without a breach by you, we refund what you paid for the site. If we cancel because you broke this agreement or our acceptable use policy, we keep what has been earned for work done.

11. Who owns what

Your domain name, your words, photos, logo and content stay yours. You give us permission to copy, edit and publish them to build, host and promote your site.

Ownership of the finished site passes to you only once it is paid in full and you are not behind on any payment to us. Until then, everything we create belongs to NXG, and we may take it offline.

Our shared templates, components, code and tools always stay ours. Once your site is paid in full, you get a permanent license to use them as part of your site.

We may show your site, and describe the work we did, in our portfolio and marketing. Tell us in writing if you’d rather we didn’t.

12. Your business and the law

You are responsible for your contractor license, your business, your advertising and the claims you approve, including Nevada’s rules for contractor advertising, financing offers and warranties, and for how you use the quote requests and customer information your site collects.

We build sites to follow the Nevada rules we know apply, such as showing your license number. That isn’t legal advice. Ask your own attorney about anything specific to your business.

13. No other promises

We provide the site and services as described in this agreement and otherwise “as is”. To the extent the law allows, we make no other promises, express or implied, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement.

Google and other services decide their own search results, listings, reviews and profiles. We don’t promise any ranking, traffic, calls, leads or revenue. Your site is hosted on Cloudflare and relies on other services we don’t control; we don’t guarantee uptime or that the site will be free of errors. We keep backups and will restore your site if something goes wrong on our side.

14. Limits on liability

To the extent the law allows, our total liability for all claims about this order, together, is limited to the amount you paid us for the site in this order. We aren’t liable for lost profits, lost revenue, lost leads, lost data, harm to reputation, or any indirect, incidental, special, consequential or punitive damages, even if we were told they were possible.

These limits apply whatever the legal theory (contract, negligence or anything else). The prices in your order reflect them; they are an essential part of this agreement.

15. Your responsibility for claims

You will defend NXG, its owners and its contractors, and pay any losses, damages, settlements and reasonable attorney’s fees, if someone makes a claim that arises from: materials or facts you provided; your license, business, advertising or work for your customers; how you use the quote requests and customer information your site collects; or your breach of this agreement.

16. Disputes: talk first, then mediation, then arbitration

Talk first. If either of us has a dispute about this agreement, your order or our services, we first send the other a written description of it, and we both try in good faith to settle it for 30 days.

Then mediation. If that doesn’t settle it, either of us may start mediation with a neutral mediator we both agree on, in Clark County, Nevada (or by video). Each of us pays our own costs, and we split the mediator’s fee equally.

Then binding arbitration. If mediation doesn’t settle it within 60 days after it is requested, the dispute is decided by binding arbitration before one arbitrator, administered by the American Arbitration Association under its Commercial Arbitration Rules, held in Las Vegas, Nevada (or by video). The arbitrator’s decision is final, and any court may enter judgment on it.

No jury and no class actions. You and NXG each give up the right to a jury trial and to bring or join any class, collective or representative action. Disputes are decided only for you and NXG individually.

What doesn’t have to go through this process: either of us may bring a claim in small claims court if it qualifies; we may go to court to collect unpaid amounts; and either of us may ask a court for an urgent order to protect intellectual property or stop a breach of the acceptable use policy.

Time limit. Any claim against NXG must be started within one year after the facts behind it first happened, or it is permanently barred.

Costs. In any arbitration or court case about this agreement, the party that wins is entitled to its reasonable attorney’s fees and costs.

17. Signing electronically

You sign this agreement by ticking the box when you order, while signed in to your own NXG account. That box specifically includes the “Disputes: talk first, then mediation, then arbitration” section, so ticking it shows that you affirmatively agree to mediation, binding arbitration and the jury and class action waiver.

You agree that this is your signature and that it has the same effect as signing on paper, under Nevada’s Uniform Electronic Transactions Act (NRS Chapter 719) and the federal E-SIGN Act. We keep a record of when and from where you signed, and we email you a PDF copy.

18. General terms

Nevada law governs this agreement, without regard to its conflict-of-law rules. Where a court is allowed under this agreement, it is the state or federal courts in Clark County, Nevada, and you agree to their jurisdiction.

This agreement, your order details and the documents named in section 1 are the whole agreement for your order, and replace anything said or written before. Neither of us relies on any statement not in them. Changes must be in writing from both of us; an email that both of us agree to counts.

We may use contractors to do some of the work and may transfer this agreement to a company that takes over our business. You may not transfer it without our written agreement. We are independent businesses; neither of us is the other’s employee, partner or agent.

Neither of us is responsible for delays caused by events outside reasonable control, such as outages of the services we rely on, natural disasters or government action. Notices may be sent by email to the address on your account and to info@nxgtech.dev.

If any part of this agreement can’t be enforced, it is limited to the extent needed, and the rest still applies. Not enforcing a part right away isn’t a waiver of it. Sections about payment, ownership, liability, your responsibility for claims and disputes continue after the order ends.