These Terms of Service ("Terms") constitute a legally binding agreement between you and Nexven Labs ("the Company," "we," "us," or "our"), a digital marketing agency founded in 2025 with operations in Ghana and Nigeria.
By accessing or using our website, services, or any related materials, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use our services.
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services constitutes acceptance of the revised Terms.
Nexven Labs provides digital marketing services including but not limited to:
• Paid Media Management (Meta Ads, Google Ads, programmatic advertising)
• Search Engine Optimization (SEO)
• Content Marketing & Strategy
• Social Media Management
• Email Marketing
• Conversion Rate Optimization (CRO)
• Analytics & Reporting
• Brand Strategy & Creative Services
Service details, deliverables, timelines, and pricing will be specified in a separate Service Agreement or Statement of Work (SOW) executed between the parties. These Terms govern all such engagements unless explicitly superseded by a written agreement.
As our client, you agree to:
• Provide timely access to necessary accounts, platforms, and data
• Respond to requests for information, feedback, and approvals within agreed timeframes
• Provide accurate and complete information about your business, products, and services
• Maintain necessary licenses, permits, and legal compliance for your business operations
• Obtain all required rights, permissions, and consents for materials you provide to us
• Designate a primary point of contact for project communication
Delays caused by failure to meet these responsibilities may impact project timelines and are not grounds for termination or refund.
Payment terms are as follows:
• Fees are as specified in your Service Agreement or SOW
• Monthly retainers are due in advance unless otherwise agreed
• One-time project fees may be structured with milestone-based payments
• Invoices are payable within 15 days of issuance
• Late payments may incur a fee of 1.5% per month
• We reserve the right to suspend services for accounts with outstanding balances exceeding 30 days
• All fees are exclusive of applicable taxes unless stated otherwise
• Setup fees, if applicable, are non-refundable
Payment may be made via wire transfer, ACH, or credit card. Currency and payment method details will be specified in your agreement.
Both parties acknowledge that they may have access to confidential information of the other party. Confidential information includes but is not limited to business strategies, financial data, customer lists, technical information, and proprietary methodologies.
Each party agrees to:
• Maintain the confidentiality of all proprietary information
• Use confidential information solely for the purpose of the engagement
• Not disclose confidential information to third parties without prior written consent
• Protect confidential information with the same degree of care used to protect their own
Confidentiality obligations survive termination of the engagement for a period of three (3) years, except for trade secrets which remain confidential indefinitely.
Either party may terminate the engagement under the following conditions:
By Client:
• With 30 days written notice for retainer-based engagements
• Project-based work may be terminated with payment for work completed to date
• No refunds for work already performed or expenses incurred
By Nexven Labs:
• With 30 days written notice
• Immediately for material breach of these Terms or non-payment
• Immediately if the client requests work that violates applicable laws or regulations
Upon termination:
• All outstanding invoices become immediately due
• Client retains ownership of all completed deliverables paid for
• Nexven Labs retains ownership of proprietary methodologies, tools, and frameworks
• Both parties remain bound by confidentiality obligations
• Access to accounts and platforms will be transitioned per the client's instructions
To the maximum extent permitted by law:
• Nexven Labs shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the total amount paid by you for services in the 12 months preceding the claim
• We do not guarantee specific results (e.g., revenue figures, ROAS, traffic volumes). Marketing performance depends on many factors outside our control
• We are not responsible for platform policy changes, algorithm updates, or technical failures of third-party services
• You acknowledge that digital marketing involves inherent uncertainty and risk
We make no warranties, express or implied, except as explicitly stated in your Service Agreement.
These Terms shall be governed by and construed in accordance with the laws of the Republic of Ghana, without regard to its conflict of law provisions.
Any dispute arising from these Terms or our services shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, the dispute shall be resolved through binding arbitration in Accra, Ghana, conducted in English.
Each party irrevocably submits to the exclusive jurisdiction of the courts of Ghana for the purpose of enforcing any arbitration award.
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
